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Circulars
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Procedure for investigation of related party import cases and other cases by the Special Valuation Branches
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Related party valuation procedures: streamlined SVB referrals, provisional assessment without routine deposits, and investigation reports to finalise values.
Establishes a streamlined framework for SVB investigations: SVBs function under jurisdictional Commissioners with DGoV advisory support; importers file an initial questionnaire to enable a prompt commissioner decision on referral; provisional assessments are to be made without routine extra duty deposits where importers comply, while failure to provide documents within prescribed intervals attracts a limited security deposit or bank guarantee; SVBs submit non appealable Investigation Reports to the referring formation quantifying any influence on declared transaction value, after which provisional assessments are finalised or show cause proceedings initiated; monitoring via a central registry is required.
Procedure for renewal of SVB orders and ongoing SVB inquiries under circular no. 11/2001 - Cus dated 23rd February 2001
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Renewal of SVB orders: one-time importer declaration enables streamlined renewal and halts Extra Duty Deposit collection.
Importers with pending SVB order renewals must submit prescribed one time declarations; Annexure 1 declarations (no change in sale circumstances, contracts, related suppliers, royalty/license payments or post import adjustments) dispense with renewal and require SVBs to direct Customs formations to stop obtaining Extra Duty Deposit and finalize provisional assessments. Annexure 2 declarations, or any asserted changes, trigger SVB inquiries under the procedures and questionnaires of Circular 5/2016, with EDD arrangements reviewed per that circular. Commissioners must review pending EDD cases, use statutory powers to obtain documents where necessary, and implement action plans to reduce pendency within prescribed timelines.
Extending the Indian Customs Single Window to other locations and other participating Government Agencies
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Single Window integration expands customs NOC and lab referral processes, enabling online agency clearances and sample testing.
Extension of the Single Window enables electronic routing of Bills of Entry to participating agencies which will record online decisions including No Objection Certificate, Out of Scope, Reject, Withhold or Provisional NOC; Customs will act on these electronic entries and grant Out of Charge only after all items receive Release/Out of Scope/Provisional NOC. Importers/brokers must produce hard copies of required documents to agencies for verification; agencies will capture decisions and, where applicable, bond or guarantee references. The Lab Module allows online Test Memos, sample transmission, and recording of laboratory results, though fee payment and some documents remain as per existing practice.
E-payment of refund/rebate amount directly to the claimant’s account
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E-payment of refunds via RTGS/NEFT: sanctioned rebate amounts remitted directly to beneficiaries' accounts, net of bank charges.
Electronic payment of sanctioned refund/rebate amounts will be effected via RTGS/NEFT through a designated bank; fresh claims received on or after 10.02.2016 require a one-time bank-certified authorization (Annexure-A). The Assistant/Deputy Commissioner (Refunds) must submit a signed statement and soft copy (Annexure-B) plus a consolidated cheque weekly; the bank will verify details and remit net amounts to beneficiaries after deducting applicable NEFT/RTGS charges per RBI guidelines. Pending claims as on 09.02.2016 will be processed similarly upon receipt of required authorization.
Request for Exchange of Information from field offices of time barring assessment cases
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Exchange of Information requests must be submitted early to allow review and correction before international transmission.
The circular directs Principal Chief Commissioners and Director Generals to ensure all Exchange of Information (EOI) requests that would time bar on 31.03.2016 are sent to the FT & TR Division by 29 February 2016 so deficiencies can be removed and corrected EOI proformas forwarded in time to the foreign competent authority.
E-payment of Refund/Rebate amounts
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E-payment of refund/rebate requires bank certified authorization and direct NEFT/RTGS credits with UTR reconciliation.
System requires one time bank certified authorisation and cancelled cheque for e payment of sanctioned refund/rebate; sanctioning authorities must forward periodic signed statements (Annexure B), a consolidated cheque and soft copy to the authorised bank, which will credit beneficiaries via NEFT/RTGS, generate UTRs, and provide periodic scrolls; PAO receives monthly UTR reports for reconciliation and must reconcile cheques with the bank scroll reporting discrepancies to field formations.
Registration of Airlines/Console Agents/Others in EDI for filing of import Manifest before arrival of aircraft-reg.
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Waiver of bond and bank guarantee for IATA-registered airline and console agents permits EDI import manifest filing without guarantees.
Airline Agents, Console Agents and entities registered with IATA and with customs are exempted from submitting the bond and bank guarantee when registering in the ICEGATE EDI module to file import manifests on behalf of airlines or console agents; other entities must follow the registration and security procedures set out in the earlier public notice governing EDI registration and manifest filings.
Payment of Refund/Rebate through e-payment
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Payment of Refund/Rebate through e-payment requires bank-certified one-time authorization and NEFT/RTGS transfers.
Electronic payment of sanctioned refund/rebate amounts will be made by NEFT/RTGS to beneficiaries after claim sanction, contingent on a one-time bank-certified authorization (Annexure A) and a cancelled cheque. The sanctioning authority must forward periodic signed statements (Annexure B), a consolidated cheque, and a soft copy to the authorized bank. The bank will credit accounts after deducting NEFT/RTGS charges and generate UTRs and periodic scrolls; monthly UTR reports and cheque details are to be sent to the PAO for reconciliation (Annexure C).
Monitoring of realisation of Export Proceeds
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Monitoring of export proceeds: exporters must submit correct BRCs and AD-coded certificates by deadline to avoid recovery action.
Exporters must submit pending BRCs or negative statements for shipping bills with LEO dates within the specified period so entries in the BIRC module of ICES can be updated; many submissions are deficient for incorrect AD Codes, and exporters are directed to resubmit correct certificates or furnish CA/Authorised Dealer six monthly certificates as allowed. Contact nodal officers for assistance; failure to comply will result in recovery action under the Customs Act, 1962 to recoup drawback amounts with interest.
Budget Collection
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Regular tax collection: intensify assessment completion and arrear recovery to boost year end tax receipts.
The instruction prioritises intensified administrative action to raise and collect net direct tax receipts before year end, identifying negative growth in regular tax due to incomplete scrutiny assessments and inadequate recovery of arrear demand, and directs Commissioners to monitor, raise outstanding demands, complete pending assessments and actively recover current and arrear collectible demand as a departmental priority.
Disposal of Public Grievances on priority
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Priority disposal of public grievances required with interim replies and CPGRAMS updates to ensure time bound redressal.
Directives require officers to prioritise public grievances on CPGRAMS and ensure time-bound disposal. Each grievance must be redressed within a maximum period of two months from receipt; if finalisation will exceed that period an interim reply stating reasons for delay must be issued. After redressal the status must be updated on CPGRAMS. An action taken report for grievances pending over six months within each jurisdiction was to be submitted to the Chairperson by 15 February 2016.
Enabling of option to avail CVD using Customs Notification (related to Coal & Muriate of potash) – reg.
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CVD flag option enabled in EDI to claim Customs or Excise notification exemptions; manual bill of entry filing disallowed.
The EDI system has been updated with a CVD Flag in ICES, set to "C" or "E" to claim CVD exemptions under Customs or Excise notifications respectively; assessing officers/appraisers may record the exemption since the flag is unavailable during filing, and manual filing of bills of entry to avail both notifications is no longer permitted.
Monitoring of realisation of Export Proceeds -Reg.
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Bank Realisation Certificate submission requirement: exporters must file corrected BRCs/negative statements or face recovery action under Customs Act.
Exporters with drawback shipping bills dated 01.04.2013-31.03.2014 must submit Bank Realisation Certificates or negative statements as mandated by Circular 05/2009 Cus on a six monthly basis; defective submissions due to incorrect AD codes must be rectified and resubmitted to enable entry in the BRC module of ICES. A nodal officer is appointed to receive documents and assist exporters. Failure to comply will lead to recovery action under the Customs Act to recover drawback amounts with interest.
Reduction of Government litigation – withdrawal of appeals by the Department before CESTAT
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Withdrawal of appeals requires centralised reporting of each withdrawal application to support departmental review and litigation reduction.
Withdrawal of departmental appeals before the appellate tribunal must follow earlier Board directions and be centrally monitored. Principal Commissioners and Chief Commissioners are required to forward a copy of each application for withdrawal of an appeal to the designated appellate record officer to enable departmental review and coordination of withdrawal decisions.
51 - 04-02-2016 Income Tax
Issuance of online certificate u/s 195 (2) and 195(3)
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Tax withholding certificate issuance under section 195 expanded online; PAN jurisdiction relaxed and approvals required.
ITD application now issues online withholding tax certificates corresponding to sections 195(2) and 195(3). Authorised international taxation assessing officers must be assigned the AR_INT_TAXATION role via HRMS and specify certificate type. PAN jurisdiction restriction is relaxed, and TAN and Amount are optional for the 195(3) certificate; issuance requires Range Officer approval through the ITD application.
Post Office (Postal Orders/Money Orders), 2015
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Permission to purchase foreign exchange at post offices allowed via postal or money orders, requiring banks to inform constituents.
A general permission permits any person to buy foreign exchange from post offices in India by means of postal orders or money orders; the Notification supersedes the earlier instrument and is effective from the date of notification. Authorised Dealer Category I banks are to inform their constituents. The directions are issued under statutory foreign exchange powers and are without prejudice to other legal permissions or approvals.
Definition of "Currency", 2015
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Currency definition expands to include debit and ATM cards and instruments creating financial liability under foreign exchange rules.
The statutory definition of currency is amended to include debit cards, ATM cards and any other instrument capable of creating a financial liability, thereby placing such payment instruments within the scope of foreign exchange regulation; the amendment supersedes the earlier notification and is effective from the notified date.
Foreign Exchange Management (Possession and Retention of Foreign Currency) Regulations, 2015
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Possession limits for foreign currency: specified categories may retain currency subject to origin and residency conditions.
The Regulations permit possession without limit of foreign currency and coins by authorised persons within their authority and possession without limit of foreign coins by any person. Residents may retain foreign currency notes, bank notes and travellers' cheques up to US$2000 (or equivalent) in aggregate if acquired abroad while on visit for non business services, received from a non resident visitor as honorarium, gift, payment for services or settlement of lawful obligation, received as honorarium or gift while abroad, or represent unspent travel foreign exchange. Non permanently resident persons may possess without limit foreign currency acquired while resident abroad and brought into India in compliance with FEMA rules.
Foreign Exchange Management (Realisation, repatriation and surrender of foreign exchange) Regulations, 2015
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Duty to repatriate foreign exchange: residents must realise, repatriate and surrender receipts to authorised persons within prescribed periods.
A resident entitled to foreign exchange must realise and repatriate it to India, selling it to an authorised person for rupees, holding it with an authorised dealer as permitted by the Reserve Bank, or using it to discharge foreign currency liabilities as specified. Receipt in rupees from an overseas bank or exchange house account maintained with an authorised dealer is deemed repatriation. Specified surrender periods apply for non individuals, unspent acquired foreign exchange, travel balances, and resident individuals, and currency of Nepal and Bhutan is exempted.
Foreign Exchange Management (Export and Import of Currency) Regulations, 2015
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Currency export and import limits govern carrying of Indian notes and declaration requirements for foreign exchange on arrival.
Regulations prescribe per person limits for taking and bringing Indian currency notes and commemorative coins for residents and qualifying non residents, allow unrestricted transmission of foreign exchange into India except for currency notes which require a Currency Declaration Form above specified thresholds, permit authorised persons to export foreign currency acquired in business and persons to export specified lawful foreign exchange and unspent retained foreign exchange, provide special rules for Nepal and Bhutan movements, and prohibit export of coins covered by the Antique and Art Treasure Act.

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