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Circulars
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Clarification on classification of Biodiesel under Oleochemicals
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Classification of biodiesel affirmed as an oleochemical based on its derivation from vegetable oils or animal fats.
Clarifies that 100% biodiesel (B100) is classified as an oleochemical because it is derived from vegetable oils or animal fats; the notice refers stakeholders to the Board instruction endorsing that classification for trade and excise treatment.
Simplified procedure for the amendment in the Import General Menifest
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Amendment to Import General Manifest: streamlined documentary requirements and airlines bear sole responsibility for filing and penalties.
The procedure streamlines amendments to the Import General Manifest by categorising amendments as Major or Minor and prescribing uniform documentary requirements to be filed at Import Noting, including application and explanatory letters from the airline/consol agent, previous and revised MAWB/HAWB (original or attested), consignee requests, invoices and packing lists where required, supplier/load-port messages and manifest correctors, and IEC or declaration. Airlines retain sole responsibility for filing and for any adjudicated fines; customs brokers and importers' requests for amendment will not be entertained.
List of prosecution cases in Central Excise
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Prosecution case reporting: reminder to submit Central Excise prosecution lists to specified official contacts as top priority.
Request for submission of the list of prosecution cases in Central Excise, noting a prior request remains unanswered and directing Principal Chief Commissioners and Chief Commissioners to forward the requisite report immediately to the designated official email addresses and by fax, with the matter to be accorded top priority.
Purchase by Government Departments
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Government procurement from registered local dealers required; departments must verify supplier registration and obtain approvals for exceptions.
Departments and bodies under the Government of NCT of Delhi must procure goods from dealers registered in Delhi; purchases from unregistered or out-of-Delhi dealers require prior Finance Department approval. Supplier Registration Numbers/TINs must be verified via the Department of Trade & Taxes website or SMS, and departments are instructed to ensure strict compliance with this procurement directive.
Revised Position Limits for Currency Derivatives Contracts
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Enhanced position limits for bank stock brokers authorised by RBI permit larger gross open positions in USD INR currency derivatives.
Revised regulatory limits allow authorised bank stock brokers to maintain larger gross open positions in USD INR currency derivatives than other brokers: non authorised participants are subject to a percentage cap of total open interest or a baseline dollar threshold, while RBI authorised bank stock brokers may operate under an enhanced baseline threshold; RBI will notify SEBI and exchanges of eligible bank stock brokers; other prior conditions remain unchanged and exchanges must update rules, systems, notifications and report implementation to SEBI.
Reduction in Daily Price Limits& Near month Position Limits for Agricultural Commodity Derivatives and Suspension of Forward Segment
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Daily Price Limits reduced for agricultural derivatives to curb speculation, with near month limits tightened and forward trades suspended.
Daily Price Limits for agricultural commodity derivatives are restructured into Initial and Enhanced slabs with a uniform total DPL of 4% (specified commodities: 2% initial + 2% enhanced; others: 3% initial + 1% enhanced), trading remaining within the initial slab for 15 minutes before enhancement; norms apply on all trading days from February 1, 2016. Near month position limits are reduced from 50% to 25% for contracts expiring March 2016 onwards. Entry into fresh forward contracts is suspended while existing forward contracts may be settled. Exchanges must amend rules, notify members, publish the changes, and report implementation.
Filing of reconciliation return for the year 2014-15
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Reconciliation return filing: extension granted for Form 9; interstate sales against statutory forms require submission.
Extension is granted for filing the reconciliation return in Form 9 under Rule 49A of the Delhi VAT Rules and section 9(2) of the Central Sales Tax Act to permit online filing for dealers who made interstate sales against statutory forms or claimed deductions via E I/E II or I/J forms; dealers without such transactions need not file.
2/2016 - 15-01-2016 Companies Law
Whether Hindu Undivided Family (HUF)/ its Karta can become partner/ Designated Partner (DP) in Limited Liability Partnership (LLP)
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Hindu Undivided Family membership in LLP: HUF or its karta cannot serve as partner or designated partner.
The Ministry of Corporate Affairs clarifies that, under the LLP Act, only an individual or a body corporate may be a partner; a HUF is not a body corporate. Therefore, a HUF or its Karta cannot be admitted as a partner or serve as a designated partner in a Limited Liability Partnership.
Reporting of trade statistics relating to export/import of services
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Importer Exporter Code requirement urged for services exporters to improve trade statistics reporting and compliance.
The Department of Commerce, through DGCI&S, is addressing inadequacies in services trade data by collecting import and export of services statistics and urging all services exporters who do not possess an Importer Exporter Code (IEC) to voluntarily obtain IEC from Regional Authorities of DGFT and use it when effecting exports or imports of services so that comprehensive IEC based trade statistics can be captured.
Section 23 of Banking Regulation Act, 1949 - Relaxations in Branch Authorisation Policy - Off Site ATMs
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Off-site ATM authorisation expanded: banks may offer all products via ATMs if technology permits and fraud controls are in place.
Banks may offer the full range of products and services through ATM channels provided technology permits and adequate controls are implemented to prevent misuse and fraud; off-site ATM deployment continues under the conditional framework established by prior branch authorisation guidance, without the need for case-by-case permission.
Sovereign Gold Bonds, 2015-16 - Terms and Conditions
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Sovereign Gold Bond framework: eligibility, pricing basis, interest payment, redemption terms, SLR and collateral rules clarified.
Sovereign Gold Bonds set out eligibility (residents, individuals, trusts, institutions), issuance in Government of India Stock with holding certificates and de-mat conversion, denomination in gram units, price and redemption fixed by prior week's simple average closing price for 999 purity gold, permitted payment modes through authorised receiving offices, fixed annual interest paid half-yearly, maturity with pre-mature redemption from the fifth year, SLR eligibility, use as collateral subject to ordinary gold loan LTV rules, taxable interest and capital gains treatment aligned with physical gold, and prescribed forms and transfer, nomination and tradability procedures under the Government Securities Act and Regulations.
Regarding Request to provide port wise details of unclaimed containers of plant and plant products
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Unclaimed containers reporting: Port-wise data on plant and plant products required urgently for inter-agency review.
Request for port-wise reporting of unclaimed containers holding plant and plant products abandoned or confiscated by Customs or custodians, to be compiled by Customs formations and forwarded to the Board for transmission to the Department of Agriculture, Cooperation & Farmer Welfare; the reminder reiterates an earlier directive and attaches Central CCFC meeting minutes, classifying the submission as top priority and most urgent.
Issue of refunds up to ₹ 5,000/- and refunds in cases where outstanding arrear is up to ₹ 5,000/- in Non-CASS cases for AYs 2013-14 and 2014-15
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Refunds without adjustment under section 245: expedited issuance for small taxpayers and mandated processing and reporting.
Refunds for small taxpayers in specified non-CASS assessment-year cohorts may be issued without setting off outstanding demands under Section 245, permitting immediate disbursal of small-value refunds and cases where outstanding arrears are at or below the stated threshold. Assessing Officers are instructed to process and issue such refunds without adjustment of arrears and to complete the exercise within the prescribed period and report compliance to the Member (Revenue).
Export of Goods and Services – Project Exports
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Project export approvals: AD banks and Exim Bank may grant unlimited post award approvals and amend terms under FEMA guidelines.
Authorized Dealer banks and Exim Bank may consider and grant post award approvals for project exports and deferred service export proposals without monetary limits and permit subsequent changes in approval terms under relevant FEMA guidelines; the Memorandum of Instructions on Project and Service Exports is revised to reflect the renaming of OCCI as Project Export Promotion Council and to expand the definition of civil construction contracts to include turnkey engineering contracts, process and engineering consultancy services and project construction items (excluding steel and cement).
Introduction of Electronic Messaging System for issuance Of Delivery Order (Online DO) at Air Cargo Complex, Bangalore - Reg.
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Electronic Delivery Order implementation: phased rollout requiring airlines and consolidators to issue online delivery orders, with temporary manual exceptions.
Introduction of an Electronic Delivery Order messaging regime at Air Cargo Complex, Bengaluru, with a two-phase rollout requiring airlines to issue electronic delivery orders to direct-delivery customers first and consolidators/freight forwarders thereafter, while permitting retention or temporary issuance of manual delivery orders in specified categories or upon electronic failures.
F.No. 1-1264/FSSAI/Imports/2015 dated 21.12.2015 regarding Structure for appeal against the decision of Authorised Officers
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Appeal procedure for imported food enables referral re testing and hierarchical review up to the Director of Imports.
FSSAI's SOP for import clearance sets a two tier appeal and re testing mechanism: Technical Officers draw samples at bonded warehouses and send them to NABL accredited notified labs; importers may request the Authorised Officer to refer a second sample to a referral lab, and may further appeal the Authorised Officer's order to the Director (Imports). The Imports Division reviews such appeals in consultation with other divisions and communicates the final outcome to the Authorised Officer, with an objective to dispose of appeals within fifteen days.
Zero tolerance to corruption
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Zero tolerance to corruption: mandatory monitoring, staff rotation and public reporting to deter corrupt practices and exclude touts.
Zero tolerance to corruption is mandated for DGFT and Regional Authorities, requiring vigilance to preserve integrity and transparency. Officers with dubious reputations are to be placed on a 'Watch List', assigned to non sensitive posts, and subject to work rotation; touts and middlemen must be identified, reported and made persona non grata. The trade community is requested to refuse cooperation with improper activity and promptly report suspected corruption to DGFT and the vigilance apparatus via provided contact channels.
Attention of all Steamer Agents/Shipping Lines is invited to the Continuity Bonds executed by them with the Asstt. Commissioner of Customs, Container Cell, JNCH, for temporary importation of containers of durable nature claiming exemption from customs duty in terms of Govt. of India, Ministry of Finance, Notification No. 104/94 Cus dated 16.3.1994 (as amended) and Public Notice No. 49 of 2005 dated 10.10.2005
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Continuity bonds compliance required: failure to re export within the stipulated period triggers customs duty recovery and possible penal action.
Continuity Bonds for temporary importation of durable containers require re export within the stipulated period, timely application for extensions from Proper Officers as per standing procedure, and submission of monthly statements of containers pending re export. Failures to comply with these conditions have been observed. Non compliance will result in enforcement to recover customs duty with applicable interest and may attract penal action under the Customs Act.
Procedure for re-import of drugs as per CDSCO (Central Drugs Standard Control Organization) Guidance Document for ADC NOC- Reg.
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Re-import procedure for drugs: mandatory sampling, government lab testing, and conditional reprocessing under official oversight.
ADC NOC for re-imported drugs requires sampling for complete testing with samples sent to Government/approved laboratories; consignments meeting standards are released. If re-imported material is NSQ, the manufacturer's undertaking may allow release for reprocessing only in the presence of Drugs Inspectors or Port Office representatives, subject to the decision of the concerned DDC(I), and the State Drug Controller/Zonal Officer must be informed.
REVISION OF BOND VALUE FOR DUTY FREE CONTAINER
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Temporary duty-free import on bonds requires re-export within six months and renewal of bonds to reflect revised values.
Containers may be temporarily imported duty-free on execution of a bond specifying container number and type, subject to re-export within six months or permitted extension. Revised bond values per container type apply with immediate effect for 2016; fresh bonds should be submitted for the calendar year though existing 2016 bonds remain valid until expiry. Evidence of re-export must be filed within 30 days of actual export; failure to re-export entails payment of duty on actual container value plus interest. The Notice supersedes prior public notices.

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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