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Circulars
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Fixation and modification of input output norms
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Input-output norms modification: Standard Input Output Norms amended, product descriptions revised and import items substituted under chemical products.
Exercising delegated powers under the Export and Import Policy, the Director General of Foreign Trade amends the Standard Input Output Norms for Chemical & Allied Products by deleting specified serial numbers, revising export product descriptions as set out in Annexure A, and substituting import items and allowable input quantities for listed norms as set out in Annexure B; the Public Notice directs reliance on those Annexures for the precise amended product nomenclature and input item schedules.
03/2002 - 28-01-2002 Companies Law
Amendments in Schedule XIII to the companies Act, 1956
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Amendments to Schedule XIII and differential voting rights rules circulated for administrative compliance and action.
The circular transmits a Gazette notification amending Schedule XIII to the Companies Act and a notification amending rules on the issue of share capital with differential voting rights, directing regional directors, registrars of companies and official liquidators to note the amendments, take necessary administrative action and acknowledge receipt.
Export of goods & services –Extension of period of realisation
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Extension of export realisation period lets authorised dealers grant limited time extensions without central approval under FEMA.
Authorised dealers who handled export documents may grant time-limited extensions for realisation of export proceeds without Reserve Bank approval for consignments below the prescribed invoice threshold, provided the exporter applies, declares intent to realise proceeds, and the dealer is satisfied the delay is for reasons beyond the exporter's control; extensions may be granted in three-month increments and extensions beyond one year require that the exporter's outstanding exports remain within prescribed limits. Cases under investigation or above the invoice threshold require regional Reserve Bank approval, and suits filed abroad permit longer extensions.
Return of deposits made in terms of Section 35 For the of the Central Excise Act, 1944 and Section 129 E of the Customs Act, 1962- reg.
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Return of pre-deposits: simplified repayment procedure requires a letter, appellate order copy and TR 6 challan for refund.
Pre-deposits payable back after successful appeal or remand are to be returned as amounts other than duty. Refund applications under refund provisions need not be insisted upon; a depositor's letter plus an attested copy of the appellate order and an attested copy of the TR 6 challan suffices. Pending refund claims will be treated likewise, and bank guarantees given instead of cash deposits shall be returned. Authorities must process and settle claims promptly; deviations exposing the department to interest on delayed refunds will be viewed strictly.
Risk Management and Inter-Bank Dealings
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Forward Contracts and risk management: authorised dealers must verify exposures, maintain board approved safeguards and report to the regulator
Authorised dealers may enter into forward and other permitted derivative contracts with residents and specified non residents under FEMA schedules, contingent on documentary verification of exposures, board approved risk management policies, and prescribed reporting to the Reserve Bank. Dealers writing options or arranging commodity hedges must ensure full coverage, obtain required one time approvals, and certify underlying exposures. Banks may open non interest rupee accounts for overseas branches, fund such accounts from overseas correspondents at market rates subject to monitoring, and undertake inter bank foreign exchange transactions within board approved limits and RBI approved open position and gap constraints.
Examination norms for export goods at port of export – reg. –
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Examination norms for export goods revised: scaled inspections by export category, sealing mandates, anti splitting and intelligence based full checks.
Revision prescribes differentiated scales of physical inspection by export category and destination sensitivity. Factory stuffed and sealed consignments and Free Shipping Bills are generally exempt unless seals are tampered or specific intelligence exists. Drawback/DEPB and EPCG/DEEC consignments to sensitive destinations face higher inspection rates; others have lower routine checks. Selected consignments require opening of a minimum of two packages with system selected package numbers; systems will flag same day or same buyer multiple shipments to prevent splitting. Amendments to critical shipment parameters after registration trigger examination. Specific intelligence permits full examination. Sealing standards and an examination report (Annexure C1) are mandated.
Service Tax — Filing of ST-3 Returns by registered post
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Filing by registered post allowed for ST 3 returns, with departmental acknowledgement and continued due date compliance.
Permits Service Tax assessees to submit ST 3 returns to the concerned Divisional Office by registered post when in person filing is difficult; the Department will acknowledge receipt of such mailed returns, but assessees must ensure the returns reach the Divisional Office on or before the due date and comply with statutory filing deadlines.
Procedure for import of various items under Tariff Rate Quota(TRQ)
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Tariff Rate Quota allocation: procedure, eligible entities, actual-user imports, application deadline and allocation by committee.
Procedure sets out allocation and import conditions under a Tariff Rate Quota for four specified commodities, listing eligible entities required to import on behalf of actual users, noting maize under the State Trading Regime with alternate import licence option, and prescribing application to the Exim Facilitation Committee at DGFT with fee and supporting documents; imports must be cleared by customs before the deadline and failure to import within the period results in two years' ineligibility for quota allocation.
Placement of quantity of 10,000 MTs of Raw Cane Sugar under SPS quota to EU
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SPS quota allocation for raw cane sugar requires prescribed certification endorsements and names a sole authorised exporter for EU refining.
Allocation of an SPS quota designates raw cane sugar for export to the European Union for refining and prescribes a specific endorsement referencing the application of the Regulation and the common sugar code for preferential certification. The Directorate General of Foreign Trade authorises the Indian Sugar Exim Corporation Ltd. as the sole agency permitted to export raw cane sugar under this quota to the EU, directing port and customs authorities to implement centralised export authorisation and certification requirements.
Placement of quantity of 8500 MTs of Raw Sugar from the Freesale Quota of 2000-2001 Season
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Preferential raw cane sugar tariff rate quota allocated for export to USA; Sugar Exim Corporation designated sole exporter, procedures unchanged.
Allocation of 8500 MT of raw sugar from the 2001-2002 freesale quota is placed as a Preferential Raw Cane Sugar Tariff Rate Quota for export to the USA and vested at the disposal of the Indian Sugar Exim Corporation Ltd., which is designated the sole agency authorised to export that quantity; existing GSP certificate issuance and other specified certification and procedural requirements for preferential sugar exports to the USA remain applicable.
Condition on import of textile and textile articles as per paragraph 11 of Notification no.3 (RE-2001)/ 1997- 2002 dt. 31st March, 2001
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Import sample exemption: testing waived for textile samples subject to quantity, marking, free supply, and customs undertaking.
The testing requirement for imported textile and textile articles under the referenced notification is waived for consignments imported as samples, provided they are supplied free of cost, bear indelible marking "sample not for sale," are accompanied by an undertaking to customs that they will not be used for human consumption, and comply with specified per-consignment quantity limits.
Scrutiny of assessments.
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Selection for tax scrutiny: additional categories with concealment indicators may be examined subject to CCIT approval and allocation adjustments.
Procedures expand permitted selections for income-tax scrutiny beyond numerical limits to include survey-detected additional income, definite reports of concealment including from enforcement agencies, and cases involving recurring substantive issues with substantial tax implications, all subject to CCIT approval; allocation of cases may be adjusted to Additional CIT/JCIT ranges or to Income Tax Officers depending on case nature, also with CCIT approval.
Appeal against order passed by Commissioner (Appeal) - proper authorisation by Commissioner
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Authorisation for appeal: Commissioner must record a considered opinion that the order in appeal is not legal before filing.
Authorisation to file an appeal must reflect that the authorising officer applied his mind and formed a considered opinion that the order of the Commissioner (Appeals) was not legal or proper; if the Chief Commissioner wishes an appeal, he should preferably issue the authorisation himself, or the Commissioner must record on file that he independently reached that conclusion, in line with prior Board instructions emphasising precise language and recorded reasons.
Customs Overtime – reg. –
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Customs overtime: cease charging overtime fees for gate cargo supervision after prescribing continuous 24/7 working.
The Board directs that supervision of cargo movement at dock gates be prescribed as continuous 24 hours a day, 7 days a week, 365 days a year work by Commissioners under the Customs (Fees for Rendering Services by Customs Officers) Regulations, 1998, and that no overtime fee be levied for such gate supervision; Commissioners must issue Public Notices/Standing Orders and report implementation difficulties to the Board.
SEBI Investors Education Programme – Investments in Mutual Funds
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Investor education on mutual funds: SEBI circulates a brochure and requires dissemination through distributors, websites and training.
SEBI directs registered mutual funds, Unit Trust of India and AMFI to disseminate a question-and-answer brochure on mutual fund fundamentals to distributors, agents and investors, display it prominently on fund websites, and may publish it as booklets bearing SEBI name and logo while allowing publishers to identify themselves; AMFI is asked to include the brochure in training and certification materials and recipients must report on dissemination steps.
Time limit for market verification of the Present Market Value (PMV) under DEPB
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Extension of challenge period for Present Market Value permits issuing show cause notices beyond the standard time where fraud or suppression is found.
Where investigations disclose fraud or willful suppression of facts, show cause notices challenging the Present Market Value (PMV) under the DEPB scheme may be issued beyond the ordinarily prescribed time limit; internal instructions or standing orders should be issued to guide trade and field staff and receipt of the Circular acknowledged.
Excisability of plant and machinery assembled at site - regarding
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Excisability of plant and machinery: moveable assemblies are excisable, immovable integrated systems are not, clarified
Clarifies excise treatment for plant and machinery assembled at site: duty attaches only where site manufacture yields a new identity, character and use, specified as excisable and marketable as moveable goods. Integrated systems or structures arising from assembly that are effectively immovable are not "goods" for excise, though component parts remain dutiable. Practical removability, permanence of fixation, intention and marketability govern whether an assembled unit is excisable.
Regarding payment details entry in on-line applications
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Payment detail accuracy: on-line DEPB and Advance Licence entries must match submitted payment instruments or face return and refile.
Applicants using the on-line facility for DEPB and Advance Licences must unambiguously select either TR (Treasury Challan) or DD (Bankers Cheque/Demand Draft/Bank Receipt) and enter instrument number, date of issue, amount and issuing bank. If the hard-copy payment document submitted at pre-scrutiny does not tally with the on-line entry, the application will be returned and must be re-entered and resubmitted with a fresh hard copy showing correct payment details and a new file number for reconciliation.
Classification/ Excisability of Pesticides for the purpose of levy of excise duty
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Manufacture by formulation: adding carriers or solvents to concentrated pesticides constitutes manufacture and changes excise classification.
Addition of carriers, solvents and other ingredients to concentrated pesticidal chemicals produces a new product fit for direct use and therefore constitutes manufacture for excise duty purposes; bulk pesticide chemicals are now classifiable either under general chemical chapters or under the residual heading for chemical preparations rather than automatically under the pesticide formulation heading, and the prior instruction on this treatment has been withdrawn.
Amendments to the SEBI (Disclosure and Investor Protection) Guidelines, 2000
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Public issue of non-convertible debt securities permitted without prior equity listing, subject to credit rating and disclosure safeguards.
Unlisted companies may publicly issue and list NCDS or DSCE without prior equity listing if they obtain an investment-grade credit rating, secure a prescribed promoters' equity contribution (with staged funding for very large contributions) and a lock-in, agree to continuing disclosure obligations under the listing agreement, obtain special resolution consent of security holders for material changes, ensure no partly paid securities at draft filing, and comply with IPO guidelines when issuing equity or convertible securities during or after the debt tenor. Price band limits and book building may be used for coupon and conversion price determination.

Circulars

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Circulars

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