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Circulars
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Circular regarding applicability of newly notified Forms DVAT-16 and DVAT-17
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Applicability of revised VAT return forms: new DVAT-16 and DVAT-17 must be used from the next quarter's return filing.
Revised VAT return Forms DVAT-16 and DVAT-17 were notified and came into force on publication; because the notification postdated the close of the first quarter, the amended forms are to be used from the return for the subsequent quarter. The circular clarifies applicability for dealers who may not have maintained the additional details required by the revised formats and directs departmental circulation and website upload for information and action.
Standard Operating Procedure for appeals/SLPs tiled by the assessees in the Supreme Court and related matters: Instruction regarding.
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Caveat filing ensures departmental notice and prompt counter-affidavit processing for SLPs filed by taxpayers in the Supreme Court.
The procedure requires the CIT to decide on filing a caveat after a High Court order, submit a reasoned proposal to the Legal & Research Directorate, transmit vakalatnama to obtain SLP records, furnish para-wise comments to DIT(L&R), and follow a coordinated drafting, vetting and signing process for the counter affidavit through AoR/CAS, with monitoring of the Supreme Court cause-list and adherence to prescribed timelines and reporting responsibilities.
Circular on Sections 10A, 10AA, 10B and 10BA.
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Deduction under section 10A/10B clarifies export-profit deduction and carry forward rules for export-oriented units.
Deduction under Section 10A/10B allows export-derived profits of eligible undertakings to be deducted from the assessee's total income for ten consecutive assessment years beginning with production, after computation of income under the Chapter IV heads and aggregation under Chapter VI. Aggregation and set-off rules (sections 70 and 71) apply before the deduction; losses of eligible units for assessment year 2001-02 and later qualify for carry forward and set off under the Act. Amendments effective from 1-4-2001 permit carry forward of business losses and unabsorbed depreciation for SEZ and 100% EOU units.
Payment of interest u/s 244A of Income Tax Act 1961 when assessee is not at fault - regarding.
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Interest entitlement when taxpayer not at fault: departmental errors require payment of interest unless taxpayer caused delay.
Interest under the tax interest provisions must be paid where delay in refund or adjustment is due to departmental error rather than the assessee. Revenue lapses-such as incorrect uploading of past arrears or failure to follow adjustment procedures-are not attributable to the taxpayer. Assessing Officers may deny interest only if the delay is the taxpayer's fault, and any such denial must be recorded in writing; officers are to comply strictly with this directive.
External Commercial Borrowings (ECB) Policy Repayment of Rupee loans and/or fresh Rupee capital expenditure – USD 10 billion Scheme
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External commercial borrowings: scheme permits ECB for repayment of rupee loans and rupee capital expenditure linked to overseas JV/WOS.
The ECB scheme is extended to Indian companies with overseas JV/WOS/assets, allowing ECB under the Approval Route for repayment of term Rupee loans (average residual maturity five years or more) and for Rupee capital expenditure. ECB eligibility is capped by the higher of 75% of past three years' average foreign exchange earnings or 75% of assessed average potential forex earnings for the next three years from the overseas operations, certified by prescribed professionals. ECB must be repaid out of forex earnings remitted from those overseas JV/WOS/assets; past dividends, repatriated profits and other forex inflows are counted as such earnings.
Clarification regarding applicability of the Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order 2009 for used tyres
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Quality control applicability: Used pneumatic tyres not covered; imports allowed subject to trade policy and environmental consent.
The Quality Control Order (2009) covers newly manufactured pneumatic tyres and tubes, excluding old and used tyres; newly manufactured imports require BIS marking from 13.05.2011. Judicial observations about pre-effect stock apply only to domestic manufacturers and dealers, not to imports. Retreaded or used tyres under specified HS codes are restricted under the Foreign Trade Policy and subject to Policy Condition 1, while certain used rubber tyres with one cut bead wire under a different HS code are freely importable. Imports of used/retreaded tyres require compliance with Foreign Trade Policy and MoEF consent under the Hazardous Wastes Rules, 2008.
Appointment of Common Adjudicating Authority
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Adjudication assignment: Show Cause Notice under Customs Act reassigned to Jamnagar Commissioner for adjudication proceedings.
The Board assigns the Show Cause Notice issued by the Directorate of Revenue Intelligence, Ahmedabad Zonal Unit, in the matter concerning M/s Sai Inorganics and others, to the Commissioner of Customs (Preventive), Jamnagar, for the purpose of adjudication, effecting an administrative transfer of adjudicatory responsibility under the customs notification issued pursuant to the Customs Act.
Appointment of Common Adjudicating Authority
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Common Adjudicating Authority: show-cause notice assigned to Commissioner for adjudication under Customs Act by Board order.
The Central Board of Excise & Customs assigns a Show Cause Notice concerning M/s J.K. Enterprises and others to the Commissioner of Customs (Seaport Import) as the Common Adjudicating Authority, effecting an administrative transfer from the investigative unit to the designated adjudicating authority so the Commissioner may conduct statutory adjudication under the Customs Act.
Appointment of Common Adjudicating Authority
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Assignment of adjudication: Show Cause Notice by revenue intelligence referred to customs adjudicating authority for adjudication.
Under the enabling notification issued pursuant to the Customs Act, the Board assigns the Show Cause Notice dated 29.05.2013 issued by the Directorate of Revenue Intelligence, Mumbai Zonal Unit in respect of M/s Marvel Gem & Jewellery (P) Limited and M/s Mahapuja Products Limited to the Commissioner of Customs, CSI Airport, Mumbai for the purpose of adjudication and notifies relevant officers of the reassignment.
Appointment of Common Adjudicating Authority
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Assignment of adjudication: show cause notice reassigned to Commissioner of Customs for adjudication under Customs Act.
Assignment of adjudication of a specific show cause notice issued under the Customs Act is ordered, transferring the referenced notice concerning M/s Andrew Telecommunications India Pvt. Ltd. to the designated Commissioner of Customs (Import) for statutory adjudication, with copies circulated to the issuing investigative unit and other listed offices for information and compliance.
Appointment of Common Adjudicating Authority
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Adjudication assignment: administrative transfer of a Show Cause Notice to a designated customs adjudicating authority for hearing.
The Board assigns a Show Cause Notice issued by the Directorate of Revenue Intelligence to the Commissioner of Customs (Import) at Chennai Custom House for the purpose of adjudication, effecting an administrative transfer of adjudicatory jurisdiction under notification-based powers conferred by the Customs Act.
Appointment of Common Adjudicating Authority
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Assignment of adjudication: show cause notice transferred to Customs Commissioner to conduct statutory adjudication proceedings.
The Board assigns the Show Cause Notice issued by the investigative unit to the Commissioner of Customs (Port), Kolkata for the purpose of adjudication, effecting an administrative transfer of adjudicatory authority to enable the Commissioner to proceed with statutory adjudication procedures regarding the allegations set out in the notice.
Appointment of Common Adjudicating Authority
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Assignment of Show Cause Notice: adjudicatory responsibility transferred to designated Commissioner of Customs for adjudication.
The Board assigns the Show Cause Notice issued in a specified investigation to the Commissioner of Customs at a named customs office for the purpose of adjudication, transferring adjudicatory responsibility from the investigative authority to the designated customs adjudicating office and circulating copies to concerned offices for record-keeping.
Appointment of Common Adjudicating Authority
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Appointment of common adjudicating authority assigns a DRI show cause notice concerning Lalit Modi to Delhi Customs for adjudication.
The Board assigns Show Cause Notice F.No.DRI/MZU/E/10/2012 dated 12.04.2013 issued to an individual and a corporate entity to the Commissioner of Customs (Imports & General), IGI Airport, New Delhi for adjudication, pursuant to a notification issued under the Customs Act that authorises transfer of matters for adjudication; the order circulates the assignment to the issuing intelligence unit and relevant Customs formations for compliance.
Appointment of Common Adjudicating Authority
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Assignment of Show Cause Notices: SCNs issued by DRI reassigned to Commissioner of Customs Mangalore for adjudication.
The Board, under Notification No.15/2002 Customs issued under subsection (1) of section 4 of the Customs Act, 1962, assigns the Show Cause Notices DRI/MRU/INVN/GSEC/48/2011 Kwr, Kand, and Mund dated 31.01.2013, issued by the Directorate of Revenue Intelligence, Bangalore Zonal Unit in respect of GSEC Limited and others, to the Commissioner of Customs, Mangalore for adjudication, with copies directed to specified customs formations and the issuing office.
Appointment of Common Adjudicating Authority
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Assignment of show cause notices directs adjudication by Commissioner under a statutory notification under the Customs Act.
The Board assigns specific show cause notices to the Commissioner of Customs (Mulund CFS and General), New Custom House, Mumbai, for adjudication pursuant to the statutory notification under the Customs Act, directing that the Commissioner undertake adjudication of the listed matters and that copies of the assignment be provided to the relevant intelligence units and customs offices.
REVISED ALLOCATION OF SUBJECTS AMONGST FIVE BRANCHES OF INVESTIGATION DIVISION OF CBDT
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Investigation division allocation centralises policy, operations and enforcement functions across specialised branches to combat tax evasion.
Revised allocation reorganises the Investigation Division into specialised branches assigning policy, operational and coordination functions: Investigation-I handles overall policy, surveys, foreign asset cases, inter-agency and intra-CBDT coordination, section 269SS matters and orders under section 119; Investigation-II manages search and seizure operations, MIS, administrative matters and IT/cyber-forensic systems; Investigation-III oversees rewards, settlements and monitoring of senior investigative directives; Investigation-IV manages information exchange, AML/CFT, PEP/HNI monitoring and data management; Investigation-V handles election coordination, penalties, prosecution, security and special operational units.
External Commercial Borrowings (ECB) Policy – Review of all-in-cost ceiling
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All-in-cost ceiling for External Commercial Borrowings extended until end of September, remaining subject to review and compliance.
The all-in-cost ceiling for External Commercial Borrowings is extended as the operative cap through September 30, 2013, subject to review; all other ECB policy provisions remain unchanged and Authorized Dealer Category-I banks are to inform constituents. The directions are issued under the Foreign Exchange Management Act and do not affect permissions required under other laws.
External Commercial Borrowings (ECB) Policy – Refinancing / Rescheduling of ECB
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External Commercial Borrowings policy continues; refinancing and rescheduling instructions remain operative and must be conveyed to authorised dealer banks.
External Commercial Borrowings refinancing and rescheduling instructions continue to apply pending review; all other ECB policy aspects remain unchanged. Authorised dealer banks must notify constituents and customers of the continued applicability. Directions are issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 without prejudice to other statutory permissions.
Trade Credits for Imports into India – Review of all-in-cost ceiling
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All-in-cost ceiling for trade credits remains in force and financing periods must align with the operating cycle.
The existing all-in-cost ceiling for trade credits for imports will continue to apply until review; Category-I authorised dealer banks must ensure trade credit periods are linked to the operating cycle and the trade transaction, maintain strict compliance, and note that all other aspects of trade credit policy remain unchanged, with directions issued under the Foreign Exchange Management Act and without prejudice to other statutory permissions.

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