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Valuation of imported Aluminium Composite Panel and mention of correct UQC in the B/E- Reg.
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Valuation accuracy: ensure correct unit quantity codes in bills of entry to secure consistent valuation of imported aluminium panels.
Directs customs officers and stakeholders to follow DGOV Mumbai guidelines and ensure the tariff-prescribed standard Unit Quantity Code (UQC) is shown in the Bill of Entry so as to arrive at correct valuation when comparing transaction values of contemporaneous imports; requires reporting of implementation difficulties to the issuing office and requests trade bodies and agents to publicize the notice.
MRP based assessment-Clarification regarding the scope of entry No.97 of the Notification No. 2/2006-CE (N.T.) inserted vide the amending Notification No.11/06-CE (N.T.) (present entry no 107 in the notification No.14/08-CE (NT))-reg
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Automobile parts coverage extends to all parts, components and assemblies irrespective of tariff classification under MRP assessment.
Entry No.97/107 grants an abatement for "parts, components and assemblies of automobiles" for MRP assessment. "Automobiles" means ordinary road vehicles transporting passengers or goods and excludes animal or manually driven vehicles. The terms "parts, components and assemblies" apply irrespective of Tariff classification, so items commonly sold as automobile parts (eg, batteries, brake assemblies, tyres, IC engines, ball bearings) are covered.
Amendments in Handbook of Procedures, Vol. I (RE 2008) - DEPB on Milk and Milk Products & Casein stands restored
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DEPB benefit restoration for milk and milk products enables immediate reinstatement of export incentives under trade policy.
Restoration of DEPB Benefit for exports of milk and milk products and for casein is announced, effective immediately, by amendment to the Schedule of DEPB Rates under the Handbook of Procedures (Vol. I). The amendment is made under powers conferred by the Foreign Trade Policy and the Handbook provisions and directs that DEPB entitlements for the specified commodities be reinstated for shipments forthwith.
Service Tax - access to registered premises - empowerment of officers
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Access to registered premises requires written authorization by a senior officer before each visit, limiting blanket inspection powers.
Access to registered premises under Rule 5A is permitted only after written authorisation for each visit by an officer not below the rank of Assistant/Deputy Commissioner; blanket trade notices granting unfettered visitation powers are not permitted. Authorisations may be recorded in a maintained register, to be reviewed monthly by the Joint/Additional Commissioner and quarterly by the Commissioner; the directive also applies to investigative formations and cancels contrary instructions.
Export of Milk and value added Milk Products shall be entitled to VKGUY scheme benefits
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VKGUY scheme benefits extended to exports of milk and value added milk products, clarifying casein ineligibility.
Director General of Foreign Trade amends the Handbook of Procedures under Paragraph 2.4 of the Foreign Trade Policy 2004-2009 to delete prior modifications to Appendix 37A and restore entitlement to VKGUY scheme benefits for exports of Milk and value added Milk Products. It is clarified that Casein was never eligible for VKGUY benefits, and Milk and value added Milk Products covered under ITC HS codes 0401-0406, 19011001, 19011010 and 2105 are entitled to benefits for exports made w.e.f. 11.12.2008.
Amendments in Appendix 37A - VKGUY w.e.f. 1-4-2008
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VKGUY product eligibility updated to add new product codes, expanding covered goods under Appendix of the Handbook.
Amendment adds Table 15 "New Gram Udyog and Other Products" to Appendix 37A of the Handbook of Procedures, inserting VKGUY product codes 15.1-15.70 with specified ITC HS codes and descriptions and making benefits admissible from 1 April 2008; promulgated under paragraph 2.4 of the Foreign Trade Policy 2004-09. The notice excludes cooking and dining items from handicraft eligibility, barring tableware and kitchenware from VKGUY benefits, and notes subsequent omissions/insertions by later public notice.
Review of Provisions relating to Close Ended Schemes
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Mandatory listing of close ended scheme units required; daily NAV publication and debt maturity alignment enforced by mutual funds.
Units of close ended mutual fund schemes must be mandatorily listed, listing fees treated as permissible expenses, in principle listing approval obtained and disclosed in the Scheme Information Document, and NAV computed and published daily. Close ended debt schemes may invest only in securities maturing on or before the scheme's maturity. Schemes with final observations but not launched must revise their Scheme Information Documents and file them before launch.
Filing of claim for refund of service tax paid under notification No. 41/2007-ST dated 6/10/2007 - reg.
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Refund of service tax: clarified procedures let exporters claim expedited interim refunds subject to documentation and audits.
Refund of service tax on services used for export is claimable subject to filing at the central excise authority of manufacture, submission of the prescribed declaration to obtain a Service Tax Code, and production of invoices/bills/challans compliant with rule 4A as evidence of taxable services; the claimant bears the onus of establishing actual payment, may provide undertakings with supporting documents, and is subject to random checks and post-refund audits, while incomplete invoices cannot support claims and eligible exporters may obtain an ad hoc interim refund pending final verification.
Classification of bura, makhana, mishri, hardas and battasas (patashas)
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Manufacture: converting sugar into bura, mishri, makhana, hardas and batashas attracts excise classification as refined sugar.
Processes converting sugar into bura, makhana, mishri, hardas and battasas amount to manufacture under Section 2(f) and are liable to excise duty; these products, containing over 90% sucrose and matching HSN explanatory descriptions of crystalline or moulded refined sugar, are to be classified as refined sugar under the relevant HSN refined sugar entry, subject to sub heading conditions, and pending cases should be disposed of accordingly.
Exim Bank's Line of Credit of USD 30 million to the Government of the Republic of Malawi
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Line of credit terms require predominant India-sourced supply, specified disbursement timelines, documentation and remittance rules.
Exim Bank's Line of Credit to Malawi finances eligible goods, services and consultancy largely from India, requiring at least 85% India sourced content and permitting up to 15% non consultancy imports. The Credit Agreement is effective from October 31, 2008, with LC opening and disbursement deadlines linked to contract type (48 months from project completion for projects; 72 months from execution for supply contracts). Shipments require GR/SDF declarations. No agency commission is payable under the LOC; exporters may use own funds or EEFC balances for commission, with AD Category I banks authorised to permit remittances after full realization, subject to prevailing rules.
Foreign Exchange Management Act, 1999 - Foreign Travel - Mode of payment in Rupees
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Mode of payment for foreign travel: cards accepted with KYC/AML, cardholder must be purchaser and card limits apply.
Mode of payment for sale of foreign exchange for travel abroad is expanded to include debit, credit and prepaid travel cards in addition to rupee cash and specified bank instruments, provided KYC/AML compliance is met, the sale is within the card limits prescribed by the bank, and the purchaser and cardholder are the same person; payments above the existing cash threshold must be made by crossed cheque or banker's instruments.
List of High Value Added Manufactured Goods in Table 9 of Appendix 37D included
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High Value Added Manufactured Goods inclusion expands export benefit eligibility subject to complete value addition requirement.
Specified products are included in the list of High Value Added Manufactured Goods in Table 9 of Appendix 37D and are eligible for export benefits for exports made from 1 April 2008. Exports performed to meet Advance Authorisation or Duty Free Import Authorisation obligations qualify for these benefits only if the value addition meets the required full value addition threshold and this is verified to the satisfaction of the concerned regional authority.
Listing and trading of warrants issued as part of a Qualified Institutions Placement (QIP) being a combined issuance of Non-convertible Debentures with Warrants
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Listing and trading of warrants in QIP combined NCD warrant issues require specific listing relaxation and a set minimum contract value.
Permits combined issuance of Non-Convertible Debentures with warrants through QIP and allows NCDs and warrants to be listed and traded separately; NCDs do not require additional Rule 19(2)(b) relaxation due to relief under the debt listing regulations, whereas warrants require specific relaxation for listing and trading; the minimum contract value for trading NCDs and warrants is fixed and the amendments are effective immediately.
Amendments to SEBI (Disclosure and Investor Protection) Guidelines, 2000
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Issuance of NCDs with warrants: QIBs may subscribe combined or separately; listing of warrants requires rule relaxation.
Amendments permit issuance of Non Convertible Debentures with warrants under Qualified Institutions Placement: QIBs may subscribe to the combined offering or to either instrument where separate books are run. A company must obtain a listing rule relaxation for listing/trading of the warrants. The change is effected by inserting a clause allowing subscription to combined or individual instruments and by amending the Chapter's opening text to include NCDs with warrants; the amendments took immediate effect and require merchant banker compliance.
Clarification regarding Service Tax Refund
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Service Tax refund on Clearing and Forwarding services allowed, reversing prior non-levy position and enabling exporter refund claims.
Permits refund of service tax paid on Clearing and Forwarding (C&F) agent services in relation to export goods, reversing the prior administrative position that C&F services were not leviable, and withdraws the earlier clause excluding C&F agency service from levy, directing authorities to implement the refund entitlement for exporters.
Buyback / Prepayment of Foreign Currency Convertible Bonds (FCCBs)
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FCCB buyback rules permit premature repurchase subject to specified funding, discount and reporting conditions.
Regulations allow premature buyback of FCCBs under an automatic route-permitted by designated AD Category I banks where buybacks are at least 15% below book value, funded from existing foreign currency resources or fresh ECBs in conformity with ECB norms and subject to all in cost ceilings-or under an approval route-where buybacks are at least 25% below book value, funded from internal accruals evidenced by auditor and AD bank certification, and subject to a per company buyback ceiling; both routes require prior RBI registration, up to date ECB 2 returns, bondholder consent, cancellation of repurchased bonds, escrowing of funds, and post completion reporting.
Amendment in the Handbook of Procedures, v1 (RE 2008)
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Continuation of Foreign Trade Handbook: HBP v1/v2 and DEPB schedule remain in force, DEPB operative until May.
The Director General of Foreign Trade, under paragraph 2.4 of the FTP, notifies that HBP v1, HBP v2 and the Schedule of DEPB rates, as amended, shall remain in force until further amendments, while the DEPB Scheme shall continue to be operative only until May 2009.
The Physical Verification Report must be duly supported/mentioned with the transit permit
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Physical Verification Report requirement: must reference transit permits and document inspection of unexported materials.
Requirement that Physical Verification Report include a Certificate of Physical Verification from the DCF/DFO and specifically mention the transit permit. Unexported materials lying in the licence-holder's premises or godowns must be inspected during verification and the findings duly reflected in the Physical Verification Report.
PRESS NOTE - 05-12-2008 Central Excise
ACES (Automation of Central Excise and Service Tax), a workflow based application software at LTU
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Electronic tax compliance replaces manual filing and enables online registration, returns, payments and status tracking for taxpayers.
Implementation of automation of tax administration via ACES, a web enabled workflow application at LTU Bangalore that replaces manual processes by enabling online registration for Central Excise and Service Tax, electronic filing of statutory returns, claims and intimations, electronic payment and refund/rebate requests, electronic permissions and approvals, status tracking of documents and business alerts.
Maintenance of Security Deposit of 1% of the amount of securities offered to public/shareholders by issuer companies with the designated stock exchanges
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Security deposit maintenance requires exchanges to preserve issuer deposits and enforce or renew bank guarantees promptly.
Stock exchanges must ensure issuer companies maintain the required security deposit before opening subscription lists and keep it intact; they must recoup shortfalls from expired bank guarantees by obtaining cash or fresh/renewed guarantees, implement a tracking system with alerts at least one month before guarantee expiry, and invoke guarantees if issuers fail to restore deposits within the specified timeframe. Exchanges may not adjust the security deposit against any dues of the issuer and must implement these directions within the regulator-prescribed compliance period.

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Review of Provisions relating to Close Ended Schemes

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Mandatory listing of close ended scheme units required; daily NAV publication and debt maturity alignment enforced by mutual funds.
Units of close ended mutual fund schemes must be mandatorily listed, listing fees treated as permissible expenses, in principle listing approval obtained ... Summary

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Acts Income Tax