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Circulars
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Regarding reversal of amount under Rule 6(3) the CCR, 2004 on domestic clearances under Notification Nos.29/2012-CE, 30/2012-CE, 31/2012-CE, 32/2012-CE and 33/2012-CE all dated 9th July, 2012
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Debit in duty credit scrip treated as payment under Rule 6(3) Cenvat Credit Rules, so reversal payment not required.
Debit of duties in the specified duty credit scrips issued under the July 2012 notifications is to be treated as payment of duty for determining applicability of Rule 6(3) of the Cenvat Credit Rules, 2004; therefore, where goods are cleared under those notifications and duties are debited in the scrip with Cenvat credit availed, payment under Rule 6(3) is not required, and field formations should be informed.
Risk Management and Inter Bank Dealings
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Cancellation and rebooking of forward contracts: exporters get expanded flexibility and importers permitted limited rebooking for hedging.
The circular permits exporters to cancel and rebook forward contracts for hedging contracted export exposures up to 50 percent of contracts booked in a financial year, and permits importers to cancel and rebook forward contracts for hedging contracted import exposures up to 25 percent of contracts booked in a financial year, with Authorised Dealer Category I banks required to notify constituents; directions issued under FEMA subject to other statutory permissions.
AML Standards/Combating Financing of Terrorism CFT Standards - Cross Border Inward Remittance under Money Transfer Service Scheme
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AML/CFT standards: Indian Agents under Money Transfer Service Scheme must consider FATF guidance and ensure sub-agent compliance.
Authorised Persons under the Money Transfer Service Scheme must consider FATF's updated AML/CFT statements for cross border inward remittances, ensure the guidance does not bar legitimate transactions, and require that all Sub Agents comply. Agents must notify constituents, obtain Principal Officer acknowledgement, and implement these directions under the Foreign Exchange Management Act and the Prevention of Money Laundering framework.
Import of Gold and Gold Dore Bars- Procedure and Guidelines
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Export allocation for gold imports enforced; nominated agencies must route imports through bonded warehouses and secure export proof.
Import of gold is limited to DGFT/RBI notified nominated agencies; coins and medallions are prohibited. Each consignment must reserve a fixed exporter allocation while the balance is for domestic use, with SEZ/EOU and authorised export allocations treated separately. All imports must be routed through customs bonded warehouses; nominated agencies must furnish bonds and, unless exempted, bank guarantees tied to estimated duty. Customs shall maintain agency wise registers, require exporter registration and proof of export, reconcile exports before permitting subsequent imports, and restrict later consignments based on exported quantities certified to customs.
AML Standards/Combating Financing of Terrorism CFT Standards - Money Changing Activities
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Anti Money Laundering Standards: money changing entities must apply FATF jurisdictional guidance and ensure agent compliance.
Money changing Authorised Persons must consider FATF guidance on jurisdictions with AML/CFT deficiencies and apply enhanced risk assessment and transaction scrutiny; these obligations extend to agents and franchisees for whom franchisers are responsible, and Principal Officers must acknowledge the circular, with directions issued under foreign exchange and anti money laundering statutes without prejudice to other legal permissions.
Deferred Payment Protocols between Government of India and erstwhile USSR
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Special Currency Basket value revised, altering rupee settlement terms under deferred payment protocols and requiring bank compliance.
Revision of the Special Currency Basket value for settlement under the deferred payment protocols between the Government of India and the erstwhile USSR is announced, superseding the earlier rupee valuation. AD Category I banks are directed to note the revised valuation and inform their constituents. The Directions are issued under FEMA powers and are without prejudice to other statutory permissions or approvals.
Liberalized Remittance Scheme – Clarifications
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Liberalized Remittance Scheme clarifies permissible overseas investments and separate remittance routes for education and medical expenses.
The circular clarifies that under the Liberalized Remittance Scheme resident individuals may acquire both listed and unlisted overseas shares; that education and medical remittances under Schedule III remain separate and may be made over and above the LRS ceiling; gifts and donations are subsumed under LRS; immovable property purchases abroad are permitted under LRS only for contracts entered into on or before the circular date subject to AD bank verification and post facto reporting; and AD Category I banks must communicate and implement these directions issued under FEMA.
External Commercial Borrowings (ECB) from the foreign equity holder
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External Commercial Borrowings from foreign equity holders allowed for general corporate purposes subject to seven year maturity and conditions.
ECB from foreign equity holders are permitted under the approval route for general corporate purposes with a minimum average maturity of seven years. Conditions: lender must directly hold at least 25% of paid up equity; proceeds cannot be applied to purposes prohibited by ECB guidelines, including on lending to group entities or step down subsidiaries in India; and principal repayment begins only after the seven year minimum average maturity with no prepayment before maturity. Other ECB provisions remain unchanged.
Overseas Direct Investments – Rationalization/Clarifications
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Overseas direct investment limits revised; pre-existing financial commitments before the cutoff remain grandfathered under the automatic route.
The circular reduces the automatic-route ceiling for fresh financial commitments by an Indian Party in overseas JVs/WOS and requires prior Reserve Bank approval for commitments beyond the revised limit. Commitments contracted or applications submitted on or before the earlier cutoff remain subject to the prior higher ceiling; AD Category I banks must verify authenticity of pre-cutoff contracts, report such remittances post facto to the Reserve Bank, and note that funding from EEFC accounts, ADRs/GDRs, and eligible ECBs continue to be exempt from the new cap as per existing rules.
Sh Ashok Kumar Yadav, value Added tax Officer, ward-64, in addition to the existing dealers, shall exercise jurisdiction for all purposes for the financial years 2007-08, 2008-09, 2009-10, 2010-11, 2011-12 and 2012-13, over 29 dealers as per Annexure attached.
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Jurisdiction reallocation transfers VAT authority over specified dealers and requires file transfer and completion of default assessments.
Reallocation designates the Value Added Tax Officer, Ward 64, to exercise jurisdiction over twenty nine specified dealers for financial years 2007 08 to 2012 13; existing Assessing Authorities shall cease jurisdiction and must forward all files and records for those years to Ward 64 within three days. The Value Added Tax Officer, Ward 64, is directed to complete default assessments for the listed dealers for financial years 2010 11 to 2012 13 within two months; the order and annexure are circulated to departmental authorities for compliance.
Index based market-wide circuit breaker mechanism
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Market-wide circuit breakers trigger pre-open call auctions and daily-reset limits based on previous close to manage index volatility.
Index-based circuit breaker thresholds must be translated daily from the previous day's closing index; trading resumes after a halt with a fifteen-minute pre-open call auction governed by existing call-auction provisions, the halt duration reduced accordingly, and dynamic price bands referenced to the previous day's closing price.
14/2013 - 03-09-2013 Companies Law
Relaxation of last date and additional fee in filing of e-Form 23C for Appointment of Cost Auditor.
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Appointment of Cost Auditor: e-Form 23C filing deadline relaxed; normal fee allowed until 31 Oct 2013.
Companies may file e Form 23C for appointment of a cost auditor with the normal applicable fee up to 31 October 2013, or within 90 days of commencement of the company's financial year to which the appointment relates, whichever is later; required attachments and auditor qualification and disqualification conditions continue to apply.
Implementation of Sevottam in the Commissionerate, Mumbai (Customs General) Zone I. Reg
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Service Delivery Excellence (Sevottam) implemented to standardize acknowledgements, timelines and grievance redressal in customs services.
Implementation of the Sevottam Service Delivery Excellence Model institutes a centralized dak receipt system as a Single Window System issuing immediate acknowledgements with unique identification; postal submissions receive acknowledgement within seven days. Service norms from the Citizen's Charter require acknowledgements within seven days, decisions and related correspondence within 15 working days, release of seized documents within 30 working days (or letter to collect within 15 days if no SCN), and complaint acknowledgement within 48 hours with final replies aimed within 30 working days. Designated operational staff and a Public Grievance Redressal Officer are specified.
Minutes of the 59th meeting of the SEZ Board of Approval held on 30th August 2013 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals
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SEZ approvals, modifications, and de notifications: Board granted, deferred and conditioned approvals affecting notifications and operations.
The Board granted, deferred or conditioned approvals for SEZ notifications, conversions and in principle proposals, required Development Commissioners to certify absence or refund of SEZ tax/duty benefits before withdrawal or denotification, and instructed that CBDT and CBEC be informed in such cases. Co developer and transfer approvals were made subject to asset delineation, submission of lease deeds detailing financial arrangements, fulfilment of developer eligibility and security clearances, compliance with revenue and company laws, furnishing full financial details to revenue authorities, and reservation of assessing officers' rights to examine taxability of lease rentals, premiums or equity transfers.
Date of submission of the Form ST-3 for the period from 1st October 2012 to 31st March 2013, from 31st August, 2013 to 10th September, 2013
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Extension of filing deadline for Form ST-3 granted to accommodate upload difficulties and prevent technical noncompliance.
An administrative order under sub-rule(4) of rule 7 of the Service Tax Rules authorises an extension of the date of submission for Form ST-3 for the relevant half-year, on account of difficulties faced by assessees in uploading the offline utilities, thereby permitting filings within the extended period to address technical impediments to electronic submission.
PREMATURE ENCASHMENT - 8% SAVINGS (TAXABLE) BONDS, 2003.
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Premature encashment of savings bonds allowed for senior investors subject to age based lock in and an interest penalty.
Premature encashment of 8% Savings (Taxable) Bonds, 2003 is allowed for individual investors aged sixty and above subject to tiered minimum lock in periods, documentary proof of age, and surrender of entire applications only. Payments occur on scheduled half year interest payment dates or subsequent processing dates; cumulative and non cumulative bonds have prescribed notional or actual payment timings. If interest warrants have been dispatched but not tendered, a portion of the last six months' interest is recoverable as penalty. Requests require a request letter and Form 1A discharge certificate.
Guidelines for dealing with Conflict of Interest for investment/ trading by CRAs, Access Persons and other employees
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Conflict of interest rules for credit rating agencies require prior approval, disclosures, and ownership restrictions to prevent misuse.
CRAs must adopt policies and procedures to manage conflicts of interest in investments and trading by CRAs, Access Persons and employees, prohibit misuse of price-sensitive information, require prior approval for Access Person transactions in securities of rated or graded entities, mandate initial and ongoing disclosures of holdings and transactions, require Rating Committee members to declare interests, prohibit ownership of issuer securities by employees involved in rating, and publish the adopted policies on the CRA website under SEBI's regulatory authority.
Action on Unmatched Challans reflected in Form 26AS - direction of the Hon'ble Delhi HC in the case 'Court on Its Own Motion vs. UOI & Ors in WP(C) 2659/2012 & WP(C) 5443/2012'- regarding
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Unmatched challans: deductors must verify and correct TDS entries in Form 26AS per directive issued.
Instruction No. 11/2013 mandates that CPC (TDS) and Assessing Officers (TDS) issue letters to deductors with unmatched challans reflected as unverified TDS in Form 26AS, require verification and correction of those challans, and, where necessary, request filing of correction statements under the prescribed procedure, with follow-up and completion by the respective TDS processing authorities.
General Guidelines for dealing with Conflicts of Interest of Intermediaries, Recognised Stock Exchanges, Recognised Clearing Corporations, Depositories and their Associated Persons in Securities Market
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Conflict of interest guidelines require market intermediaries to adopt policies, disclosures and safeguards to manage conflicts and protect clients.
Entities and their associated persons must adopt policies, procedures and internal codes to identify, avoid, manage or disclose conflicts of interest, ensuring client primacy, fair treatment, prohibition on trading on material non public information, use of information barriers, transaction restrictions when handling mandates, and avoidance of incentive structures that misalign client risk. Boards must implement systems, review compliance and align existing policies within the prescribed timeframe; these guidelines supplement existing regulations and aim to protect investors and market integrity.
AMENDMENT IN ORDER NO.1/FT&TR/2013 DATED 13-8-2013
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Dispute Resolution Panel constitution allocating members and reserve members with added duties pending issuance of directions.
Constitution of Dispute Resolution Panel under Section 144C is effected, specifying for each jurisdiction a three member panel and a reserve member, with members to perform DRP duties in addition to regular responsibilities until directions are issued; the order modifies the earlier order and takes effect on the stated effective date.

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