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Circulars
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69/2011 - 30-11-2011 Companies Law
Filing of Balance Sheet and profit and loss account in Extensible Business Reporting Language (XBRL) Mode - Date of filing of Balance Sheet and Profit & Loss Account in XBRL mode extended up to 31-12-2011
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XBRL filing deadline extended for designated companies, granting additional time to file financial statements without extra fee.
The Ministry of Corporate Affairs extended the deadline for filing Balance Sheet and Profit & Loss Account in XBRL mode for Phase I companies (excluding exempted classes) with balance sheet date on or after 31 03 2011, allowing filing up to 31 12 2011 or within sixty days of the company's due filing date, whichever is later, without additional fee; this partially modifies Para 1 of Circular No. 57/2011 and is issued with Competent Authority approval.
68/2011 - 30-11-2011 Companies Law
Cost Accounting Records and Cost Audit – clarifications regarding applicability and compliance requirements.
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Cost audit compliance: companies must file Form-B and maintain cost records for the prescribed multi-year period.
Companies covered by the Companies (Cost Accounting Records) Rules, 2011 shall file only the prescribed Form B compliance report and not furnish other cost record details to the Government; where all non exempt products/activities are under cost audit, separate compliance filing is unnecessary. Newly covered companies must keep cost records and supporting statements in good order for the prescribed multi year retention period starting with the first year of application. The definition of Turnover excludes taxes and duties for all related cost accounting and audit rules.
67/2011 - 30-11-2011 Companies Law
Cost Accounting Records and Cost Audit – clarifications about coverage of certain sectors thereunder.
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Cost audit coverage clarified: exemptions and scope defined for specified services, ancillary products, and export-oriented units.
Clarification limits applicability of the Cost Accounting Records Rules, 2011 and related Cost Audit Orders: the Rules exclude trading, specified services, pure job-work, pre-commercial entities and minor ancillary products; Cost Audit Orders exclude captive generation for own use, own inputs consumed exclusively in audited production, and qualifying export-oriented or zone-located units subject to conditions. Cost audit scope covers only tariff items that are intermediate, final or allied products of the industries listed in the Orders, with illustrative examples and a direction to seek case-specific clarifications.
Regarding implementation of The Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order 2009
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BIS Standard Mark requirement: customs must verify conformity of imported pneumatic tyres before clearance, exemptions apply.
The Order requires pneumatic tyres and tubes to meet prescribed quality standards and bear the BIS Standard Mark; a DIPP-published list of tyres imported by OEMs is exempt. Except for those exemptions, manufacture, import, storage for sale, sale or distribution of nonconforming tyres or tubes without the BIS mark is prohibited. The CBEC directs customs field formations to verify the BIS Standard Mark before clearing imported pneumatic tyres and tubes and to issue standing orders, instructions or public notices to enforce compliance.
CORRIGENDUM FOR CIRCULAR NO. 15 OF 2011-12.
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Late deposit of tax correction clarifies circular language to address timing-related tax deposit interpretation.
The corrigendum officially replaces the words "last deposit of tax" with "late deposit of tax" in paragraph two of the earlier VAT circular, thereby clarifying that the circular's instruction concerns the timing and treatment of late tax deposits rather than any notion of a final deposit.
Comments/suggestions invited on Draft Adjudication Manual
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Adjudication of excise, customs and service tax requires clear SCNs, natural justice, evidence rules, penalties, confiscation and enforcement timelines.
The Manual sets the adjudication framework for Central Excise, Customs and Service Tax: departmental officers act as quasi judicial adjudicating authorities within prescribed monetary limits and jurisdictional rules; proceedings must observe natural justice (clear SCNs, opportunity to inspect and rebut, reasoned speaking orders); evidentiary rules cover statements and computer/ facsimile evidence; mandatory penalties and confiscation rules, provisional release on bond, redemption fines, interest and refund regimes, prosecution thresholds and enforcement mechanisms are prescribed, with timelines and reporting requirements.
Annual System Audit
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Annual system audit requirement ensures exchanges and depositories report IT security and compliance to regulator.
Mandates a Annual System Audit for exchanges and depositories, revising the audit process, auditor selection, TOR and report guidelines; requires placement of audit reports and compliance status before the Governing Board, submission of the report and entity comments to the regulator, and an MD/CEO declaration certifying IT system security; entities already auditing may follow the 2008 framework, others must adopt the new framework; issued under Section 11(1) to protect investor interests and regulate the securities market.
Minutes of the 49th meeting of the SEZ Board of Approval held on 28th November 2011 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals
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SEZ approvals and conditions: land, contiguity, tax oversight and conditional extensions shape project authorisation.
The Board of Approval administered SEZ governance by granting, deferring, extending, or rejecting approvals and modifications subject to demonstrable land possession, State recommendations, contiguity, refund of tax/duty benefits on de notification, and compliance with revenue and company law. Co developer approvals are without prejudice to tax treatment of lease or premium receipts and Assessing Officers retain rights to examine taxability. Extensions of formal and in principle approvals and LoPs were granted, condoned, or deferred based on project progress, pending litigation, or lack of requisite State permissions, and equity transfers were approved subject to continuity of obligations and furnishing of financial details to revenue authorities.
Implementation of bar coding on export consignments of pharmaceuticals and drugs with effect from 01.10.2011- Clarification regarding export of bulk drugs.
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Barcoding requirement for pharmaceutical exports clarified: applies to finished formulations, not bulk drugs or APIs.
DGFT clarified that the barcoding requirement-one-dimensional barcodes encoding GTIN, Batch Number, Expiry Date and a Unique Serial Number instituted for export consignments effective 1 October 2011-applies only to finished pharmaceutical products (medical formulations) and does not apply to bulk drugs, APIs or intermediates.
Procedure to be followed in case of Registration of Duty Credit Scrips issued under Served from India Scheme Certificate (SFISC); Vishesh Krishi and Gram Udyog Yojana (VKGUY); Target Plus Scheme (TPS); Focus Market Scheme (FMS) and Focus Product Scheme (FPS)
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Registration procedure for duty credit scrips requires NO ALERT endorsement and DGFT online verification before licence registration.
Registration requires presentation of the original licence/scrip for a NO ALERT endorsement after internal alert list check, submission of the endorsed original with prescribed authorization and identity documents, retrieval of DGFT website confirmation of genuineness, generation of a checklist with job number for licence holder verification, and endorsement of a registration number by the Superintendent/Appraiser before returning the licence.
On-line filing of Annexure 2A and 2B – additional facility for importing of Annexure 2A and 2B in expanded excel format.
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On-line filing of annexure returns now permits importing expanded excel annexures to simplify dealer return submissions.
The Department updated its off-line utility to permit direct import of Annexure 2A and 2B in an expanded excel format with minimal codification; the excel templates and instructions are available on the Department website and dealers may use the new off-line block or continue to import data in the previously specified excel format.
External Commercial Borrowings (ECB) Policy – Parking of ECB proceeds
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Repatriation requirement for ECB proceeds: rupee intended funds must be credited to domestic rupee accounts and not parked abroad.
ECB proceeds intended for rupee expenditure must be repatriated immediately and credited to borrowers' Rupee accounts with Authorised Dealer Category I banks; only proceeds for foreign currency expenditure may be retained abroad. Retained funds may be parked in highly liquid, rated instruments; repatriated rupee funds are prohibited from investment in capital markets, real estate or inter corporate lending.
External Commercial Borrowings (ECB) Policy
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All-in-cost ceiling for external commercial borrowings revised; medium term pricing cap raised and effective immediately until review.
Revision of the all-in-cost ceiling for External Commercial Borrowings adjusts the ceiling measured over the six month benchmark for borrowings with average maturities of three to five years while leaving longer term ceilings unchanged; the revision takes effect immediately as a temporary measure until March 31, 2012, subject to review, and all other ECB policy provisions remain unchanged.
Comprehensive Guidelines on Over the Counter (OTC) Foreign Exchange Derivatives – Foreign Currency – INR swaps
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Foreign Currency-INR swap cap removed, allowing AD Category I banks to intermediate OTC swaps for customer hedging without the prior net supply limit.
AD Category I banks may undertake OTC Foreign Currency-INR swap transactions as intermediaries by matching corporate counterparties' requirements to facilitate hedging, and the earlier regulatory cap on net supply of foreign exchange in the market for such swaps has been removed; banks should notify their constituents and remain subject to any other statutory permissions.
Completion of online uploading of RCMC data on DGFT’s Server By EPCs/ Commodity Boards/Authorities by 30.11.2011.
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On-line registration mandatory for RCMC uploads; failure to upload by deadline bars manual RCMC acceptance.
Export Promotion Councils, Commodity Boards and Authorities must upload RCMC data onto the DGFT server by 30 November 2011; failure to complete online registration and uploads would have triggered mandatory electronic registration and disallowance of manual RCMC/Registration Certificates, and the DGFT has extended the final deadline to 30 November 2011 with no further extensions permitted.
SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (The Regulations)
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Draft Letter of Offer format updated; merchant bankers must use the revised format for regulatory takeover filings.
The circular revises and prescribes an updated format for submission of the Draft Letter of Offer under the takeover regulations; merchant bankers are instructed to follow this updated format when submitting the Draft Letter of Offer to the regulator, and the revised template and instructions are made available on the regulator's website under the legal framework and takeovers categories.
Foreign Investments in Infrastructure Debt Funds
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Foreign investment in infrastructure debt funds permitted on repatriation basis with eligibility, maturity, lock in and caps.
Permits repatriation basis foreign investment into IDFs set up as NBFCs or SEBI registered mutual funds, by specified SEBI registered sovereign, multilateral, pension, insurance, endowment funds, FIIs, NRIs and SEBI registered HNIs; eligible instruments include rupee units and rupee or, for qualifying investors, foreign currency denominated bonds. All investments require an original five year maturity and a three year lock in (with intra non resident trading allowed). Foreign currency bonds must meet ECB conditions, hedging is permitted under FEMA, and quantitative limits apply to non NRI investments while NRIs face no cap for rupee securities.
Removal of names of the firms from list of defaulters for failure to export of cotton.
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Penalty for export shortfall allows removal from defaulter list upon verification and prescribed payment by exporters.
Names of exporters are removed from the defaulter list after documentary re verification and payment of the prescribed penalty to the concerned Regional Authorities; 48 firms in Annexure 1 were de listed. Exporters whose shipments exceed the tolerance of plus or minus five percent may obtain removal by paying a penalty comprising a fixed component plus a percentage of the shortfall beyond the five percent allowance, following re verification with the issuing RC authority.
Mid – Sea Trans-shipment of catch by Deep Sea Fishing Vessel
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GR declaration procedure for mid sea trans shipment: exporters may use vessel master's GR form in lieu of Customs certification.
The Reserve Bank prescribes a tailored GR declaration procedure for mid sea trans shipment by Indian deep sea fishing vessels: exporters may submit a GR form signed by the Master in lieu of Customs certification recording composition, quantity, export value and date of transfer; Bill of Lading details may substitute for Shipping Bill particulars; GR forms must be supported by an international cargo surveyor certificate, indicate the Ministry of Agriculture Letter of Permit number, be serialised by Customs at a registered or approved port, and the period for realisation and repatriation runs from the master certified transfer date or invoice date, whichever is earlier.
15 - 21-11-2011 VAT - Delhi
Filing of monthly returns for the tax period October, 2011 .
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Mandatory online filing requirement extended for monthly VAT returns; tax deposit obligations and penalties remain applicable.
Mandatory online filing of Annexure 2A and 2B is required for all dealers filing monthly returns for October 2011; online submission deadline extended to 09.12.2011 and hard copy filing deadline extended to 12.12.2011. Tax due must be deposited according to statutory provisions and penalties for late payment remain applicable.

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