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Circulars
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Baggage Rules --- Tourist baggage – no endorsement of imports of personal effects on tourists’ passports
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Baggage rules: tourists may import personal effects duty free without passport endorsement per prescribed conditions.
Customs must not endorse passports for imports of tourists' personal effects because the Baggage Rules contain no provision for passport endorsement; tourists may clear permitted personal effects and travel souvenirs duty free subject to the conditions and limits set out in the Baggage Rules and accompanying guidance on the definition of personal effects.
Misdeclaration --- rice consignments to be checked
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Misdeclaration of rice consignments requires inspection to enforce OGL broken-rice standard and prevent circumvention by importers
The Board directs that all rice consignments be opened and physically examined to detect misdeclaration where first-class (unbroken) rice is declared as broken to qualify under the Open General Licence; inspections must verify conformity with the OGL standard requiring a minimum proportion of broken rice, and standing instructions should be issued to field officers, with implementation difficulties reported to the Board.
CHA Licence Exam – clarification on certain diplomas/certificate
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Degree equivalence for CHA licence: certificates and diplomas not accepted unless university explicitly declares equivalence.
Certificates or diplomas shall not be accepted as equivalent to a degree for CHA licence examination eligibility unless the concerned university explicitly declares such equivalence; notably, Certificates of Competency for Master Mariner and Master of a Foreign Going Ship are not to be considered degree-equivalent.
EOUs and EPZ/ST/EHTP Units – amending notifications clarified
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Duty-free import procedures for EOUs and allied units simplified, delegating re-export and clearance powers to Assistant Commissioner.
Amendments align Customs and Central Excise permissions with the Exim Policy and simplify procedures for EOUs and EPZ/STP/EHTP units by delegating clearance of used packing materials and non-capital goods to the Assistant Commissioner, harmonising delegation for re-export of imported goods to the Assistant Commissioner, removing Development Commissioner recommendation requirements for spares/fuels/lubricants for captive power, adjusting procurement/import recommendation levels for captive power plants, removing sample quantity restrictions for certain units, and revising agro-processing eligibility so agro-processing units in bonded areas may operate under the EOU scheme.
Amendments to the SEBI (Disclosure and Investor Protection) Guidelines, 2000
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Dematerialisation requirement: IPO securities must trade only in dematerialised form and issuers must contract with depositories.
Trading in securities of companies making initial public offers must be in dematerialised form only; issuers must enter into agreements with all depositories and provide investors the option of dematerialised allotment. Lead merchant bankers must furnish final printed and soft copies of the final offer document to SEBI within short filing timelines, certify that the HTML soft copy is identical to the printed prospectus, and comply with Schedule XXIII technical and labelling requirements; failure to comply will prevent processing.
Excise Audit Scheme (EA-2000)-further guidelines for Implementation
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Excise Audit framework: standardized assessee profiles, time-bound audits, computerized working papers and scoring for quality oversight.
Excise Audit-2000 requires standardized collection of an Assessee Profile and financial ratios for desk review, use of a prescribed Audit Report format with computerized Working Papers, time-bound completion of audits within 20-25 days, involvement of cost specialists for large units, training in accountancy, provision of computers to audit branches, and a quantitative scoring system plus monitoring cells to evaluate and improve audit quality.
Electronic Filing of applications
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Electronic filing passwords: office issues access on application allowing submission of advance licence and DEPB applications online.
Passwords for electronic filing of advance licence and DEPB applications are issued by the office upon written request to the Deputy Director General including the applicant's name, Import Export Code number and the authorised person's name with attested signature; applicants who have provided these details may collect passwords and must thereafter log in to the DGFT website and submit applications per existing electronic filing guidelines.
G&J Units in EOU/EPZ/ Jhandewalan Complex procedural relaxations
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Clearance and exchange rules for Gem & Jewellery units enable duty adjusted debonding and conditional duty free packing disposal.
Amendments allow Gem & Jewellery units in EOUs/EPZs/Jhandewalan to clear used packing materials into DTA duty free under Assistant Commissioner conditions; to clear capital goods into DTA on duty payable on depreciated value with depreciation from commercial production and option to debond under the EPCG scheme; to temporarily clear parts and tools for repair without duty on undertaking and conditions; and to exchange plain hand made gold, silver or platinum jewellery for bullion of identical purity and weight, subject to prescribed conditions and without wastage allowance or deemed export benefits to the DTA supplier.
Payment of application fee in respect of applications filed before Settlement Commissioner- Regarding
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Settlement application fee payment: bank assignment codes now enable challan acceptance and PAO authentication for processing.
Payment for Settlement Commission applications must be made using a triplicate TR 6 challan evidencing the prescribed application fee and per page copy fees; bank acceptance required assignment codes. Specific bank assignment codes have been allotted to Pay and Accounts Offices for use on challans at designated bank branches to permit acceptance and accounting, and departmental officers are to authenticate challans when applicants request assistance.
513/9/2000 - 11-02-2000 Central Excise
Central Excise - Rules 173G(2), 223B and 224 of the Central Excise Rules, 1944 Precautions at Budget, 2000-2001 - instructions
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Pre-Budget and Budget removal controls require advance stock declarations and supervised clearances under excise rules.
Restrictions under rules 173G(2), 223B and 224 restrict removals of excisable goods after the evening before Budget Day and after the appointed time on Budget Day, apply to all assessees including those under the Self Removal Procedure, and require advance clearance applications, last-invoice and closing-stock declarations to the Range Superintendent and proper officer. Commissioners may grant limited provisional relaxations for specified situations (intra-factory transfers, continuous-despatch industries, pipeline/refuelling consignments, perishable or essential-service goods, and exports) subject to bonafides, immediate reporting to the Ministry and ex post approval.
Expansion of list of industries/activities eligible for automatic route for Foreign Direct Investment (FDI), Non Resident Indian (NRI) and Overseas Corporate Body (OCB) investment.
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Automatic route for FDI expanded, subject to specified exclusions, sectoral caps and RBI monitoring.
All activities are placed under the automatic route for FDI/NRI/OCB investment except proposals requiring an Industrial Licence, proposals where the foreign collaborator has an existing tie up in India, acquisitions of shares in existing Indian companies by foreign/NRI/OCB investors, and proposals outside notified sectoral policy/caps or in prohibited sectors; automatic approvals remain subject to notified sectoral policy and equity caps, RBI monitoring and NIC 1987 classification, with sector specific ceilings and conditions set and certain sectors requiring FIPB approval or remaining closed to such investment.
Guidelines regarding taxation of income of artists, entertainers, sportsmen, etc., from international/national/ local events
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Taxation of artists and sportsmen: India taxes income from performances in India and requires withholding by payers.
Event receipts such as sponsorship, gate receipts, advertising, broadcasting rights and rentals and payments to performers and service providers can attract Tax Deduction at Source. For non-residents, the relevant Double Taxation Agreement articles on artists, sportsmen and royalties determine whether income is taxable in India; where taxable, income is determined under special rules for non-resident sportsmen and tax must be deducted at source. Contracts and factual allocation are decisive for apportioning India sourced income.
512/8/2000 - 10-02-2000 Central Excise
Exemption from the Excise Duty to parts failing under any Chapter of goods failing under heading No.86.01 to 86.06 when used within the factory in the manufacture of goods failing under heading 86.01 to 86.06 .
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Exemption scope clarified: parts classified outside Chapter 86 used in manufacture of goods under headings 86.01-86.06 qualify for excise exemption.
The excise exemption for parts used within the factory to manufacture goods under headings 86.01-86.06 covers parts classified under any Chapter, not only Chapter 86, provided other conditions of the relevant notifications are met; classification of Chapter 86 goods is still governed by Section XVII notes (2) and (3).
511/7/2000 - 09-02-2000 Central Excise
Assessable value – Section 4 of CEA, 1944 – interest – adding value of additional consideration on account of interest free deposits
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Assessable value: include money value of notional interest on interest free deposits when determining excise value.
Where additional consideration from the buyer exists - such as notional interest on interest free deposits - its money value is an element of the assessable value; under the valuation rules the additional consideration must be incorporated into the cum duty price and the assessable value determined by working backwards so that duty attributable to that additional consideration is also reflected.
Export of goods and services against repayment of State Credit in U.S. Dollars granted by Russian Federation for financing long-term projects in the field of technical co-operation and for purchasing special equipment
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State credit repayment in US dollars requires structured advance payments and multi-year instalment repayments under amended protocols.
Repayment of Russian State credit in US dollars requires staged advance payments and the balance plus interest to be paid in equal annual instalments over seven years beginning the year after utilisation. Advance payments must be credited to the Russian bank's US dollar escrow account; balance repayments and interest credited to a central non repatriable US dollar account of the Bank for Foreign Economic Affairs maintained with the Reserve Bank, to be used for exports from India to Russia. Authorised dealers must remit repayments in freely convertible US dollars with Ministry authorisation and full credit arrangement details.
Extension in time limit for export of Onion against NOCs issued by Canalising agencies in terms of Notification No. 37(RE-99) / 1997-2000 dated 1st December, 1999
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Extension of export shipment deadline for onion NOCs permits delayed shipments to proceed due to port strike disruptions.
Shipments of all varieties of onion against NOCs issued by canalising agencies on or before 31 January 2000 are permitted until 15 February 2000, as an authorised extension responding to port and dock workers' strike disruptions, under the quantitative ceiling allocation established by Notification No. 37(RE-99) / 1997-2000.
Deduction of tax u/s 195 and the taxability of export commission payable to non-resident agents rendering services abroad - clarification
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Tax withholding on export commissions: no TDS where non-resident agents render services abroad and income does not arise in India.
No tax deduction at source is required where payments of export commission and related charges are made to non-resident agents who render services wholly outside India, because such income does not arise in India and payments remitted abroad are not treated as received in India; therefore those payments are allowable expenditure and need not be disallowed under the withholding-linked disallowance rule.
Drawback – payment on fabricated export documents modus operandi – circular
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Drawback document fabrication: verification and authentication measures required to prevent fraudulent export claim payments.
Fraudulent procurement of export drawback involved forged export certificates, bills of lading, bank attested invoices, insurance certificates, fabricated deficiency memos, counterfeit bank seals and signatures, and use of fictitious firms or another firm's IEC code to divert payments; customs administrations are directed to verify exporter identity, authenticate bank endorsements, scrutinise originals, control handling of returned deficiency memos, and coordinate across Customs Houses to prevent recurrence.
Advance Licensing Scheme --- import of iron & steel items below floor prices
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Import price floor enforcement: duty recovery and penal action where advance-licensed steel imports are diverted to domestic market.
Where iron and steel items imported under advance licences at prices below DGFT-declared floor prices are diverted into the domestic market before fulfilling export obligations, customs must recover duty at the declared floor prices and initiate penal proceedings under Section 111(O) of the Customs Act. Normal imports without diversion should be debited to the advance licence on the actual import price if otherwise in order.
Export --- simplified procedure – re-determination of rebate under Rule12&13
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Rebate determination: rebate equals duty actually paid based on payment-day exchange rate and cannot be re-quantified later.
Rebate for exports priced in foreign currency must follow the AR-4 value determined under section 4 and duty paid at the market exchange rate prevailing when duty was paid; the rebate authority must allow rebate equal to the duty actually paid and must not re-quantify using a subsequent exchange rate. If overpayment is suspected, the rebate authority shall notify the jurisdictional Assistant/Deputy Commissioner for Range officer scrutiny. Differential duties paid before rebate sanction entitle the exporter to rebate of the full duty paid, excluding fines or penalties.

Circulars

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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