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02/2002 - 11-01-2002 Companies Law
Companies (Amendment) Act, 2001
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Companies Amendment Act transmission: copy circulated to regional directors and registrars for information and action.
A copy of the Companies (Amendment) Act, 2001, published in the Gazette of India on 24th December, 2001, is transmitted to Regional Directors, Registrars of Companies and Official Liquidators for information and necessary action, with a requirement to acknowledge receipt and to effect dissemination, compliance and record-keeping within their respective jurisdictions.
01/2002 - 11-01-2002 Companies Law
Constitution of a Committee to administer the Investor Education and Protection Fund.
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Investor Education and Protection Fund committee notified; recipients instructed to circulate the notification and take necessary administrative action.
Notification S.O.1280(E) constituting a Committee to administer the Investor Education and Protection Fund is circulated to all Regional Directors, Registrars of Companies and Official Liquidators; recipients are directed to undertake necessary administrative steps arising from the committee's constitution and to acknowledge receipt.
Order under Section 8 of Securities Contracts (Regulation) Act, 1956
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Regulatory directive under Securities Contracts Act requires stock exchanges to amend rules and seek clarifications within set periods.
A regulatory directive under Section 8 of the Securities Contracts (Regulation) Act directs stock exchanges to amend their Rules, Articles and related provisions to implement a SEBI Board decision within a prescribed compliance period, and requires exchanges to submit any queries on the Order to SEBI within a specified short timeframe.
Import of goods of Indian Origin under the various Export Promotion Schemes
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Import restrictions on Indian-origin goods: imports under export-promotion schemes barred except as permitted by Customs notification.
Import of Indian-origin goods under export promotion schemes is not permissible except as allowed by Customs Notification 94/96; this prohibition aims to prevent misuse whereby export benefits are obtained and goods are re-imported duty free or at concessional duty, causing revenue loss. Exports of foreign-origin goods under these schemes are barred unless manufacturing, re-processing, or operations have been carried out in India. The restrictions do not apply where no benefits are claimed under the Exim Policy provisions referenced.
Fixation of Tariff Value under Section 14(2) of the Customs Act, 1962 on Crude Palm Oil, RBD Palm Oil, RBD Palmolein, Crude Palmolein & Brass Scrap (all grades)
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Tariff value fixation under Section 14(2) mandates prescribed valuation for listed imports and governs customs duty calculation.
Fixation of Tariff Value under Section 14(2) prescribes dollar-per-metric-ton values for specified palm oils and brass scrap, mandates use of those tariff values instead of transaction-based valuation, and requires that ad valorem duty be levied on the tariff value without additions; the tariff value applicable to bonded-warehouse clearances is the value in force on the date of actual removal.
Extension in Date of Shipment of Course Grain of 50000 MTs for 2001-02
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Extension of shipment deadline for coarse grain exports allows previously authorised consignments to be dispatched by the revised date.
The shipment/export deadline for authorised coarse grain and maize consignments (50,000 MTs as specified) previously permitted by earlier Public Notices is extended to 31.3.2002, under the authority of Paragraph 4.11 of the Export & Import Policy, 1997-2002, as amended; the extension applies to the quantities and terms set out in the cited Public Notices and accompanying schedule entries.
Issue of DEPB for Drug Formulations under Serial No.37 & 40 of Chemicals -no final assessment from customs required
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DEPB issuance allowed without final customs assessment for drug formulations provisionally held over value-cap clarification, subject to a filing deadline.
DEPB for drug formulations under Serial Nos.37 and 40 may be issued without final customs assessment where provisional assessment was solely for clarification on value caps; provisional assessments for any other reasons require final customs assessment. The concession follows a Revenue clarification that no value cap applied to those entries for exports prior to 2/11/2001 and is limited to applications submitted by the stated cut-off date.
ICES –import- Declaration of brand, model, grade, specifications or other relevant information necessary for assessment at the time of filing Annexure 1 with CMC – reg.
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Import declaration requirements now mandate brand, model, grade and specifications at filing to improve customs assessment quality.
Importers, exporters and CHAs must declare brand, model, grade, specifications and any other information relevant for customs assessment on Annexure 1 when filing Bills of Entry in the ICES/EDI system. The Annexure 1 to Public Notice 85/99 has been revised to capture these item-level and invoice-level details (including manufacturer name, end use and country of manufacture) to reduce queries and improve assessment quality; the Public Notice is modified accordingly and the revised format is annexed.
Classification of `hot pepper seeds (chilli seeds) in the Customs Tariff and its eligibility for benefit of notification No.17/2001-Cus.,(Sl.Nos.7 and 24 of the Table). - Reg
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Customs classification of chilli seeds confirms eligibility for notification benefit under vegetable seeds heading for import.
Seeds of chillies (genus Capsicum) are distinct from pepper seeds and are not covered by the pepper-seed tariff heading; they are properly classifiable as vegetable seeds under Chapter 12 and are eligible for the benefit of notification No.17/2001-Cus., with Customs instructed to apply this classification and finalise pending assessments accordingly.
Issue of Export Certificate to frequently travelling international passengers-reg
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Export certificate issuance for frequent international travellers enables re-import duty exemption for personal electronic equipment.
Export certificates may be issued in advance at major customs, airports or seaports to certify that listed articles are personal private property not for sale and that drawback is not claimed. To obtain import duty exemption on re-importation the articles must remain in the ownership of the exporter or family, be brought back within three years, and the re-importing person must produce the certificate and obtain customs endorsement before every departure; a copy may be retained by the departing airport customs officer.
Application of PFA Act, 1954 for clearance of consignments of food articles – reg.–
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PFA Act testing exemption for imported food intended solely for export upon customs satisfaction and contractual undertaking.
If the Commissioner of Customs is satisfied that imported food items, after processing in EOUs or units in EPZ/SEZ, will be exported and none will be sold in the Domestic Tariff Area, he may allow clearance without mandatory testing under the PFA Act; an undertaking from the importing EOU/EPZ/SEZ unit that the imported food and any products manufactured therefrom will not be sold domestically should be obtained.
Re-orientation of DEPB entries for EDI compatibility
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DEPB entry reorientation for EDI compatibility updates coding conventions while preserving existing DEPB descriptions, rates and value caps.
The Public Notice mandates formatting and coding changes to DEPB entries in Appendix 28A to achieve EDI compatibility-such as converting certain uppercase letter markers and suffixed numerals to lowercase-while expressly preserving the underlying DEPB product descriptions, DEPB rates and associated value caps.
Non-production of logged DEEC Book
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Non-production of logged DEEC Book: covered period corrected to 31.3.2002 under Policy Circular, clarifying Public Notice scope.
Correction to a previous policy circular: the date listed under "Cases covered under Public Notice No.5 dated 6.4.1999" is amended to the intended terminal date, thereby clarifying the coverage period for cases concerning non-production of the logged DEEC Book and aligning the Public Notice's temporal scope.
Non-production of logged DEEC Book
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Non-production of logged DEEC Book should not create defaulter status when export obligation is proved.
Where a duty free licence holder has produced all necessary documents evidencing completion of 100% export obligation (shipping bill, bank certificate of exports and realisation), non production of a duly logged DEEC Book attributable to Customs delay should not result in the licence holder being declared a defaulter; Regional Licensing Authorities are directed to apply this clarification and to investigate cases where non logging may be due to other causes.
Guidelines for FDI in development of integrated township including housing and building material
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Foreign direct investment in integrated townships subject to registration, upfront capitalisation and project completion milestones.
FDI up to full ownership is permitted for integrated township development provided the foreign investor registers as an Indian company, demonstrates core competence in township development, and obtains processing and clearance through the investment authority on recommendation of the Ministry of Urban Development & Poverty Alleviation. Investments must meet minimum area or dwelling-unit thresholds, upfront capitalisation requirements, a minimum lock-in period before repatriation, and completion milestones including at least half the project delivered within five years of first land possession, while complying with local land-use, development charges, planning norms and obligations to provide community and peripheral services; SEZ cases may receive conditional exemptions.
Guidelines for licensing production of Arms & Ammunitions - with foreign direct investment (FDI) permissible up to 26%
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FDI cap in defence licensing allows limited foreign equity and requires licensing, Indian management and security controls.
Guidelines require licences from the Department of Industrial Policy & Promotion, in consultation with the Ministry of Defence, for private production of arms and ammunition permitting private participation and FDI up to 26%. Applicants must be Indian entities with Indian management and majority board control; foreign collaborators and promoters are subject to government vetting. Licences set capacity norms, allow import of pre production equipment, mandate safety, security and quality assurance with inspection by a nominated agency, and impose a three year lock in on transfers of foreign equity. Production is primarily for defence and restricted for domestic sale and export.
Re-export of Cotton Yarn
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Export liberalisation of cotton yarn removes prior quantitative and documentary export conditions, enabling unrestricted exports.
The entry for Code 5205 (Cotton Yarn) in Table B of Schedule 2 and the Appendix 1 entry at S.No.6 have been deleted, removing prior quantitative ceilings, certification requirements and hank yarn obligations; cotton yarn is now listed as Free for export under the ITC(HS) Classification, with the amendments effective from 1.1.2002.
Payment of royalty upto 2% on exports and 1% on domestic sales under automatic route for use of trademark and brand name of the foreign collaborator
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Royalty on trademark and brand name permitted under automatic route; calculation tied to net sales after specified deductions.
Royalty for use of a foreign collaborator's trademark and brand name is payable under the automatic route and, where technology transfer occurs, is subsumed by the technology royalty. Royalty must be calculated as a percentage of net sales, with net sales defined as gross sales less agents'/dealers' commission, transport costs including ocean freight, insurance, duties, taxes and other charges, and the cost of raw materials, parts and components imported from the foreign licensor or its subsidiary/affiliate.
Amendments to the Listing Agreement
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Buy Back of Securities disclosures require advance notice and immediate post-board meeting intimation to stock exchanges.
Companies must notify stock exchanges in advance of board meetings where a Buy Back of Securities proposal will be considered and must immediately intimate the exchanges about the board's decision on a buy-back after the meeting's closure; stock exchanges are to incorporate these Listing Agreement amendments with immediate effect.
Return of deposits made in terms of Section 35F of the Central Excise Act, 1944 and Section 129E of Customs Act, 1962 - Reg.
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Return of pre-deposit: simplified procedure permits written request plus appellate order and challan for prompt refund.
Pre-deposits made during appeals are to be treated as non-duty funds and returned when appeals succeed or matters are remanded. Formal refund applications need not be insisted upon: a simple letter from the depositor with an attested appellate order and an attested challan copy addressed to the concerned Assistant/Deputy Commissioner suffices. Pending refund applications will be treated likewise and bank guarantees executed in lieu of cash deposits shall also be returned. Field units must process claims promptly; delays leading to interest liability will be viewed strictly.

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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