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Circulars
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Widening of existing road - definition of a new infrastructure facility - clarification regarding
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Widening of road qualifies as new infrastructure facility for tax deduction eligibility, while simple relaying does not.
Widening an existing road by constructing additional lanes as part of a highway project is treated as creation of a new infrastructure facility for the purpose of the income tax deduction under Section 80IA(4)(i), whereas simple relaying of an existing road does not qualify as a new infrastructure facility.
Procedure for Ship Breaking
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Import control for ship breaking requires pre-arrival documentation, NOC, boarding, supervised destruction and provisional duty payment.
Import of vessels for breaking up requires pre-arrival submission of ship particulars and a hazardous-waste assessment for desk review by the Port Trust, State Pollution Control Board and Customs; the Superintendent, Preventive (General) must complete review within two working days and may grant or refuse a NOC for anchorage subject to internal review and appeal. After anchorage, Customs-led boarding verifies submissions, quantifies oil and inventories wireless equipment; beaching permission follows on satisfactory verification. Entry inwards permits filing of the Bill of Entry, provisional duty on first-check examination, a stamped undertaking to submit further documents and destroy wireless equipment, and final assessment after supervised destruction leading to cutting permission.
Conditions of listing for issuers seeking listing on SME Exchange - Model SME Equity Listing Agreement
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SME listing conditions impose standardized listing agreements, half yearly reporting, governance standards and a 25% public shareholding requirement.
The Model SME Equity Listing Agreement requires issuers to enter a standardized listing contract for specified securities under Chapter XA, prescribing operational obligations on issuance, certificate handling, transfers, demat suspense accounts for unclaimed shares, timelines and compensation for transfer delays, and arbitration for disputes. It imposes half-yearly financial reporting and disclosure duties (including shareholding patterns, material events, and board decisions), corporate governance standards (board composition, audit committee, CEO/CFO certification), a minimum 25% public shareholding requirement with remedial measures, and fee, filing and dematerialisation obligations, with enforcement powers for non-compliance.
Verification Mechanism and monitoring of export obligation under duty exemption/reward Schemes – reg.
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Verification mechanism for export obligation ensures monitoring and random checks to prevent misuse under duty exemption schemes.
Verification and monitoring procedures are mandated for EPCG, Advance Authorization, DFIA and Chapter 3 duty credit scrips under the Foreign Trade Policy. Customs authorities must ensure timely submission and random verification of installation certificates, address and shipping bills, accept Export Obligation Discharge Certificates absent adverse intelligence, and initiate revenue-protection action where certificates are not submitted. Genuineness checks for duty credit scrips must precede registration and quarterly reports on verification outcomes must be sent to the Board; the regime will be reviewed once online transmission of scrips is enabled.
Online transmission of DES ( Advance Authorization), EPCG and DEPB authorizations at 9 ICES 1.5 new location w.e.f. 17.5.2010 reg.
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Online transmission of export authorizations: electronic communication to Customs and mandatory EDI filing for DEPB shipping bills.
Directive instituting online transmission of Advance Authorization (DES), EPCG and DEPB export authorizations for nine specified ICD locations to Customs for processing. DEPB shipping bills from these ICDs must be filed mandatorily through Electronic Data Interchange (EDI). The Circular lists each new ICD with its UNLO code and commissionerate and directs electronic communication of authorizations to Customs to integrate issuance and Customs processing.
Signing or Submission/Handling of Customs Documents–Reg.
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Customs pass verification: only authorised CHA pass holders may sign or submit customs documents and must be verified.
Only authorised CHA owners or employees holding a valid New Custom House Customs Pass of Category F or G may sign customs-related documents, and must record their cardex number and pass type under the signature. Document submission/handling at Air Cargo Complex, Sahar is restricted to persons holding a CHA Customs Pass valid on the date and linked to the CHA appointed by the importer/exporter; Service Centre staff and Customs officers will verify pass validity and nexus to the CHA.
SEBI (Credit Rating Agencies) (Amendment) Regulations, 2010 – Gazette Notification dated March 19, 2010
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Change of control and status require prior regulatory approval for a credit rating agency to continue operations after restructuring.
The regulations define change of status or constitution to include corporate restructuring, change in managing director or whole-time director, and any change in control; and define change in control by reference to takeover rules for listed entities and as a controlling interest of at least fifty-one per cent for others. They further require that a credit rating agency proposing such a change must obtain the prior approval of the Board to continue to act as a CRA after the change.
Disclosure of investor complaints with respect to Mutual Funds
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Disclosure of investor complaints required to be published by mutual funds, vetted by trustees and included in annual reports.
Mutual funds must disclose investor complaints received from all sources on their websites, the industry website and in annual reports using the prescribed Annexure format; disclosures must be vetted and signed by Trustees, include complaint classification and ageing/resolution details, and be uploaded within prescribed post year end timelines and included in the Trustees' Report to enhance transparency in grievance redressal.
Amendment in Appendix 37A, of HBP vol.-I-2009-14
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VKGUY benefit: admissible FOB value for exports under HS 0305 aligned with prior public notice guidance.
An amendment to Appendix 37A adds a note to VKGUY entry No. 6 (Table 1A) and entry No. 18 (Table 2) that, for claiming VKGUY benefits, the admissible FOB value for exports under ITC HS Code 0305 shall be the same as admissible under Public Notice No. 56/2009-14.
Deletion of para 2.33.1 of HBP Vol.1, 2009-2014
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Deletion of handbook provision alters HBP Vol.1 procedures under Foreign Trade Policy authority, requiring compliance with amended text.
Paragraph 2.33.1 of the Handbook of Procedures, Volume I (Foreign Trade Policy 2009-2014), is deleted by Public Notice No. 62/2009-2014 issued under paragraph 2.4 of the Foreign Trade Policy, effecting an administrative amendment to the Handbook and altering the Handbook's operative content.
New Office address of Regional Authority Puducherry
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Regional Authority address change updates Puducherry Regional Authority contact details and territorial jurisdiction under the foreign trade policy.
The Director General of Foreign Trade amends the Handbook of Procedure to update the Puducherry Regional Authority's office address and contact details and confirms its territorial jurisdiction to include Puducherry, Karaikal, Mahe, Yanam and specified adjoining districts of Tamil Nadu, issuing the change as a public notice under the Foreign Trade Policy.
Foreign Exchange Management Act (FEMA), 1999 -Current Account Transactions - Liberalisation
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Liberalisation of technical collaboration payments permits authorised banks to allow royalty and lump sum remittances without prior ministry approval.
Drawal of foreign exchange for payment of royalties and lump-sum consideration under technical collaboration agreements no longer requires prior approval of the Ministry of Commerce and Industry; Authorised Dealer Category I banks may permit such remittances pursuant to the amendment to the Foreign Exchange Management (Current Account Transactions) Rules, 2000, subject to FEMA powers and other applicable legal permissions.
Appoints Common Adjudicating Authority
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Assignment of adjudication of a customs show cause notice centralises responsibility with the designated adjudicating commissioner.
The Board, invoking Notification No. 37/2003-Customs (N.T.) under section 4(1) of the Customs Act, 1962, assigns Show Cause Notice F.No. DRI/AZU/INV-19/2008 dated 12.04.2010 issued by the Additional Director General, DRI, Ahmedabad in the matter of M/s. Axiom International and others to the Commissioner of Customs (Adjudication) for adjudication.
Streamlining the procedure for refund of 4% Additional Duty of Customs in pursuance of Notification No. 102/2007-Customs dated 14.9.2007 Reg.
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Special Additional Duty refund: streamlined acceptance of VAT/ST challans with auditor certificate and consolidated certificate requirement.
Acceptance of copies of VAT/ST challans accompanied by a consolidated statutory auditor/Chartered Accountant certificate in the prescribed proforma will be allowed for sanction of Special Additional Duty refunds, replacing the need for individual certification of each challan; original challans may be examined in doubtful cases. Four previously required auditor certificates are merged into a single Annexure S which must verify sale invoices, correlate VAT/ST payment or input tax adjustments with sales, and certify non-passing of duty burden, while a revised Annexure-A requires import and sale quantities for correct refund calculation.
Delay in Filing IGMS and Console General Manifests Adjudication of Offences
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Delayed filing of import manifests may be authenticated in EDI when penalty is unwarranted; otherwise adjudication and payment required.
Effective practice: where the competent officer finds penalty unwarranted, delayed filing of Import General Manifests and Console General Manifests will be authenticated in the EDI system without issuing an order; where penalty is warranted the officer will adjudicate, a personal hearing will be given, Order in Original will be issued, and delayed filing in EDI will be allowed only after remittance of the penalty. Show cause notices may be waived on request.
Customs clearance procedure for clearance of import consignments of non-perishable food items through Land Customs Stations in the Commissionerate of Customs (Preventive), NER, Shillong.
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Customs warehousing requirement: provisional storage in licensed bonded warehouses pending sealed laboratory test reports for imported food consignments.
Imports of non-perishable food items must comply with the Prevention of Food Adulteration Act and pending test reports may be stored only in public or private bonded warehouses licensed under Sections 57 and 58 or at Section 9 notified warehousing stations. Entry Inwards under Section 31 and appraisal precede mandatory sampling: three sealed samples (one sent to an authorised laboratory with a serially numbered Test Memo; two retained). Storage requires endorsement on the Bill of Entry, custodian oversight, and a Bond and Bank Guarantee; clearance for home consumption follows receipt of a satisfactory sealed test report.
Pneumatic Tyres and Tubes (Amendment)
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Import allowance for non domestic pneumatic tyres: OEMs may import for the replacement market subject to committee review and list approval.
Amendment extends the compliance period from 180 days to 360 days and authorises OEMs to import pneumatic tyres not manufactured domestically for sale in the replacement market through authorised dealers. A Committee chaired by an officer of the trade administration, with members from industrial, transport, testing and standards stakeholders, will finalise and maintain the list of such tyres and review it every three months to make recommendations.
External Commercial Borrowings (ECB) Policy
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External Commercial Borrowings: IFCs allowed automatic route ECB access within owned funds limits; excess borrowings require approval.
IFCs, as NBFCs classified by the Reserve Bank, may avail ECBs, including outstanding ECBs, up to a prescribed proportion of their owned funds under the automatic route, subject to existing prudential guidelines; ECBs beyond that threshold require Reserve Bank approval under the approval route, and Authorised Dealer Category I banks must ensure compliance when certifying applications.
Declaration required for Redemption of EPCG Licence
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Declaration requirement for EPCG license redemption: CA certified statements to prevent double counting of export obligations and penal consequences.
EPCG authorization redemption requires segregation of shipments: shipping bills counted for specific/additional export obligation must not be counted for average export obligation of the same or any other EPCG authorization, and shipments credited to average EO must not be used for specific/additional EO. Pending amendments to forms, applicants must submit two Chartered Accountant counter signed declarations certifying non overlap of shipments for specific/additional and average EOs; holders and CAs are accountable and subject to penal action if declarations are false or misleading.
Leviability of Education Cess and Higher Education Cess on the Stainless Steel Patta Patti or Aluminium Circles units working under compound levy scheme - reg
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Education Cess applicability clarified: cess payable over and above compound levy for specified stainless steel and aluminium units.
Education Cess and Higher Education Cess must be paid over and above the compound levy fixed under Notification No. 17/2007-CE for Stainless Steel Patta Patti and Aluminium Circles because that notification does not expressly include those cesses; there is no exemption and comparisons to other compound levy notifications that specifically include the cesses are erroneous.

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