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Circulars
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Payment of NCCD on snuff exported under bond - regarding.
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National Calamity Contingent Duty exemption clarified: NCCD not payable on goods exported under bond unless export fails to occur.
NCCD is treated as an excise duty and, consistent with the policy of relieving exported goods from domestic taxes, the notification permitting export without payment of duty under bond (issued under Rule 19 of the Central Excise Rules) applies to NCCD; therefore no NCCD is payable on goods actually exported under bond, but if export does not eventually take place the goods will be liable to all excise duties including NCCD.
Service Tax — Management Committee (CFH Scheme), ParadeepPort, liable to Service Tax under head ‘Port Services’
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Port services liability affirmed for Management Committee; service tax applies to its port-area clearing, forwarding and handling labour services.
Management Committee (CFH Scheme), Paradeep Port, functions like a Dock Labour Board and, because its contractors operate under permits issued by the Paradeep Port Trust and it provides clearing, forwarding and handling labour in relation to vessels and goods within the port area, it is an authorised provider of Port Services and liable to pay service tax under that head.
Standard set of guidelines for appointment of custodian of Sea Ports and Air Cargo Complexes
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Custodian appointment obligations: infrastructure, insurance, bonds and liability for lost goods ensure customs compliance and security.
The guidelines require custodians to provide safe, expandable premises and modern handling equipment, insure all stored goods, obtain customs concurrence for structural changes, bear security costs, furnish office and residential accommodation and transport for Customs staff, and cover costs of posted Customs personnel. Financial safeguards include a duty bond supported by bank guarantee/Government bond or cash deposit with exemptions for government undertakings, additional bonding for export/transhipment duty incentives, and custodial liability for lost or pilfered goods; subletting requires prior Commissioner approval.
SMD Circular No 14 dated June 25, 2002
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Mandatory dematerialisation of government securities: regulated entities must use SGL/CSGL/demat and stop physical trading immediately.
Regulated entities must hold Government securities only in SGL, CSGL or dematerialised accounts, with only one CSGL or dematerialised account per entity; CSGL holders must open or notify a designated funds account at a bank; entities must ensure clear funds for purchases and sufficient securities for sales before transacting, and immediate prohibition is placed on further physical-form transactions with brokers.
16/2002 - 25-06-2002 Companies Law
Reports of Board of Directors of Companies - Statement showing details of employees drawing remuneration beyond the prescribed limits - Clarification
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Disclosure thresholds under Companies Act: revised remuneration limits apply and may be used for prior year reports.
Revised disclosure thresholds for employee remuneration under section 217(2A) and the Companies (Particulars of Employees) Rules apply to Directors' Reports annexed to balance sheets for financial years closing on or after the revision date; additionally, Directors' Reports for the financial year ending 31 March 2002 may include employee details on the basis of the revised limits, as an administrative clarification for Regional Directors and Registrars.
Exim Bank’s Line of Credit of US $ 10 million to Banco de Comercio Exterior de Colombia, S.A. (Bancoldex), Colombia
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Line of credit financing supports export contracts with buyer advance, LC-backed staged payments and inspection requirements.
Exim Bank has provided a foreign currency line of credit to Bancoldex to finance exports of listed Indian goods and related services, subject to Exim Bank approval, U.S. dollar pricing, a minimum contract value, a buyer advance and payment of the balance under an irrevocable letter of credit. Financing covers the major portion of the contract value with pre-shipment inspection and inspection certificates required. Negotiating banks may pay beneficiaries in Indian Rupees against compliant documents and be reimbursed by Exim Bank in U.S. dollars; bank charges in India are borne by the seller and those in the borrower's country by the buyer.
Leviability of customs duty on fuel and other stores consumed on board during extension flights in domestic sector – Clarification – reg
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Customs duty on fuel: flight/IGM number change does not trigger duty for foreign going aircraft under customs law.
Leviability of customs duty on fuel and stores consumed during flights between Indian airports depends on the aircraft's status, not administrative identifiers: Circular No. 65/2001 applied only to domestic extension flights, and a change in flight number or IGM/EGM does not convert a foreign going aircraft into an ineligible aircraft for duty free supply of fuel and stores under the Customs Act and Board instructions.
Fixation of Brand Rate of Drawback under the Simplified Scheme
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Brand Rate Simplified Scheme: streamlined direct filing, expedited 15 day processing, post verification revocation and one year debarment.
Brand Rate fixation will be handled under a revised Simplified Scheme eliminating pre verification by Central Excise and allowing direct filing in prescribed DBK formats with supporting annexures and original duty paying documents; the Ministry will process complete applications within a short specified period, retain fully utilised originals, return partially used documents with endorsement, and subject all issued Brand Rate letters to post verification, with revocation and debarment for incorrect data.
Central Excise duty concession on,'cars.for physically handicapped persons' - Clarification - regarding.
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Excise concession for cars for physically handicapped: official certification of suitability permits concessional duty even for standard models.
Concessional excise duty for cars for physically handicapped persons depends on an end use certification by an officer not below Deputy Secretary that the specific vehicle is capable of use by a handicapped person; the vehicle need not be specially manufactured for handicapped use. Vehicles with special features (for example, automatic transmission) qualify when the buyer produces the Ministry of Industry certificate, and ordinary use by non disabled persons does not bar the concession.
Indian rupee value of special currency baskets for the purpose of deferred benefits
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Special currency basket value revised for deferred payment contracts under Indo USSR protocols, altering rupee valuation and applicability.
Revision of the Special Currency Basket rupee value by the Reserve Bank of India, declared effective from the specified date, applying to deferred payment contracts concluded under the Deferred Payments Protocol dated 30 April 1981 and the Protocol dated 23 December 1985 between the Government of India and the erstwhile USSR.
Indian Direct Investment in Joint Ventures (JV)/Wholly Owned Subsidiaries (WOS) outside India
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Overseas direct investment reporting now mandates revised ODR filings and removes ODA forwarding for automatic route investments.
Authorised dealers are no longer required to forward form ODA and supporting documents to the Reserve Bank for overseas direct investments made under the automatic route; they must continue to receive and scrutinise ODA from Indian parties. All remittances, guarantees, and capitalisations related to overseas direct investment-whether automatic-route or Reserve Bank approved-must be reported to the Reserve Bank using the revised form ODR addressed to the Chief General Manager, Exchange Control Department, Overseas Investment Division, Mumbai. Amendments to the underlying Regulations will be notified separately.
Launching of Prosecution in Search & Seizure cases
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Prosecution in search and seizure cases must be initiated promptly to prevent settlement immunity and ensure deterrence.
Prosecutions in search and seizure operations must be initiated promptly for offences such as refusal to answer questions, refusal to sign statements, false statements, obstruction of public servants, failure to produce documents or returns, and related criminal offences, with complaints filed before an assessee applies to the Settlement Commission to prevent statutory immunity. Senior officials are required to prioritise, monitor, and report monthly on initiation of prosecution complaints, with performance judged on the quality and number of cases.
ICES- imports- Declaration of brand, model, grade, specifications or other relevant information necessary for assessment at the time of filing Annexure I at Service Centre-reg.
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Import declaration requirements: Mandatory brand, model and specification details must be filed or bills of entry will be returned.
Importers and CHAs must declare brand, model, grade, specification, manufacturer and end use information in Annexure I/Appendix A at the Service Centre; for the listed commodities these particulars are mandatory and Bills of Entry will be objected to and returned if the required fields are not completed, with Service Centre managers instructed to enforce this requirement.
Export of 10,000 MTs of White Sugar under preferential quota to EU for the year 2002-2003
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Preferential quota allocation for white sugar requires a regulatory certification endorsement and designation of a sole authorised exporter.
A preferential export quota of white sugar is allocated from the free sale portion of the prior season's production for export to the EU, subject to a mandatory certification endorsement referencing the preferential sugar regulation and common code of sugar; export under this quota is restricted to a single authorised agency designated as the sole exporter.
Electronic Data Information Filing And Retrieval (EDIFAR)
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EDIFAR filing requirement mandates online submission of annual, periodic financial and governance statements, with compliance officer accountability.
SEBI and NIC establish the EDIFAR system requiring specified listed companies to file on-line, in prescribed manner and format, annual reports (including balance sheet, profit and loss account and auditor's report), cash flow statements, half yearly and quarterly financial statements, corporate governance reports, shareholding patterns and statements of regulatory action. Companies must appoint a compliance officer responsible for filing and ensuring correctness, include a prescribed disclaimer identifying the company and compliance officer, and file electronically simultaneously with stock exchange submissions; EDIFAR obligations are supplementary to existing listing agreement requirements.
SEBI Advisory Committee on MF - meeting held on 28/5/2002
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Insider trading compliance required for trustees, AMCs and personnel; dematerialisation and treatment of illiquid securities mandated.
Mutual funds must transact in government securities in dematerialised form. Trustees must determine whether amounts realised from illiquid securities or NPAs on scheme winding up are substantial and, if realised within two years and substantial, distribute them to former investors; otherwise transfer to the Investor Education Fund. Trustee companies, asset management companies and their personnel must strictly comply with insider trading regulations.
15/2002 - 17-06-2002 Companies Law
Fee for condonation in respect of filing of Form No.25C belatedly with the Registrar of Companies - Charging of additional fee.
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Delay in filing statutory form triggers additional fee under Companies Act for late document submission.
Where appointments meet Schedule XIII conditions, a return in Form No.25C must be filed within ninety days; belated filing of Form No.25C does not attract section 637B(b) but falls under section 611, and Registrars of Companies shall charge additional fee on belated Form No.25C filings at the rate standardized by Press Note No.2/95.
Export-Movement of export cargo by Containers/Trucks from Container Freight Station, Mulund to Airport, Amritsar-Procedure
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Custodian accountability for sealed export container/truck movements ensures liability for shortages and continuity bond debit upon nonexport.
Export cargo from CFS Mulund may be transferred in sealed containers or trucks to Amritsar airport after customs assessment and stuffing under supervision; the custodian accepts liability for transit shortages and must execute a bond, with FOB value debited from the custodian's continuity bond. On arrival customs verify seals and documents; intact seals obviate further examination and permit "let export" endorsements, enabling drawback sanction and forwarding of transference copies for EGM filing and export records.
Import of fuel under AL, EO extension for Annual AL, New agencies for issuing Certification of Origin (Non Pref)
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Fuel entitlement applications under advance licence updated, including indigenous supply deemed-export benefits and export-obligation extension mechanisms.
Applications for fixation or modification of fuel entitlement under the Advance Licence scheme must be made to the Advance Licencing Committee with the Appendix 10H data sheet; Advance Licence holders may procure fuel indigenously via Advance Release Orders or Back to Back Inland LCs. Indigenous fuel suppliers are eligible for deemed export benefits or may issue a disclaimer enabling the Advance Licence holder to claim such benefits. A new Appendix 10H prescribes required data and declarations, and fuel import entitlement applicants must enclose permission under Section 44 of the Electricity (Supply) Act and commissioning intimation.
Feeding of Brand Name, Uniform Quantity Code etc. in Bills of Entry- reg.
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Customs data integrity: require brand, model and uniform quantity details in Bills of Entry to support valuation comparison.
Importers and Customs House Agents must ensure invoices and related documents identify brand name, make, model, size, uniform quantity code, specification, composition and strength before submission of Bills of Entry so these particulars can be fed into the computer system at noting; appraising officers and Deputy Commissioners must verify and record these details at noting, assessment and examination, and record additional features found during examination for valuation reference.

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Processing of refund applications filed by Canteen Stores Department (CSD).

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Refund entitlement for CSD: invoice-based GST refund procedure and inter-authority payment coordination instituted.
CSD refunds are invoice-based entitlements of fifty per cent of tax on inward supplies made subsequently to unit run canteens or authorized customers and ... Summary

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Acts Income Tax