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Circulars
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Unique Client Code (UCC) and Mandatory requirement of Permanent Account Number (PAN)
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Unique Client Code requirement makes PAN the mandatory identifier for commodity derivatives trading, with penalties for noncompliance.
Mandatory implementation of a Unique Client Code (UCC) requires members of commodity derivatives exchanges to collect, verify and upload clients' Permanent Account Number (PAN) as the sole identification for trading, subject to specified exemptions. Members must verify PAN with originals and the Income Tax Department database, retain copies, update client particulars monthly within seven working days of the following month, and exchanges must maintain a seven year historical database. Noncompliance attracts a trade penalty transferred to the Investor Protection Fund and potential member suspension for delayed uploads.
Task Force on Innovation
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Task Force on Innovation to assess and recommend measures strengthening India's innovation ecosystem and improve Global Innovation Index ranking.
A Task Force on Innovation is constituted to strengthen India's innovation ecosystem and improve its Global Innovation Index ranking by soliciting public suggestions via crowdsourcing. Membership includes industry, academic and government representatives with DIPP provision of logistics, conference facilities and secretarial support. The Terms of Reference direct assessment of India's innovation position, review of GII challenges, consideration of public ideas, evaluation of university contributions, and formulation of recommendations. Outstation members will receive domestic TA/DA for meetings. The Task Force must submit its report to DIPP within two months of formation.
Ease of doing business- DPD related matter: reg.
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Direct Port Delivery: port terminals must not require security deposits and must register as Customs Cargo Service Providers.
Direct Port Delivery operations are governed by the Handling of Cargo in Customs Areas Regulations, 2009, which define Customs Cargo Service Providers and require CCSPs to provide infrastructure, equipment, manpower and other facilities specified by the Commissioner, to comply with the Act and subordinate instruments, and to permit the Commissioner to regulate entry of goods for efficient handling; port terminals must register as CCSPs, must not mandate security deposits for DPD registration, must return any such deposits, and must publish schedules of charges for services in customs areas.
Rebate of duties paid on raw materials used in manufacture or processing of export goods and admissibility of duty drawback in such cases
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Drawback entitlement clarified: Customs portion admissible where excise input rebate (except diesel) is taken, subject to specified caps.
Customs component of AIR drawback is available even if rebate of Central Excise duty on raw materials is taken under Rule 18 or inputs are procured duty-free under Rule 19(2); in such cases Customs portion is admissible as per specified rates and caps, except where input-stage rebate or duty-free procurement applies to diesel, in which event no drawback is admissible. ARE-2 declaration (d) and related instructions have been amended to reflect this position, and officers must deny or recover excise on diesel where declarations are breached.
Supply of goods manufactured by EOUs without payment of Central Excise Duty against Advance Licence/Authorisation
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Exemption for EOU supplies to Advance Licence holders: such DTA clearances remain duty-free without input-duty reversal or recovery.
Supplies of goods manufactured by EOUs to Advance Licence/Authorisation holders in DTA are exempt from Central Excise duty and the second proviso to para 6 of notification no. 22/2003-CE and the proviso to para 3 of notification no. 52/2003-Cus do not apply; such clearances are treated as import substitution and the export obligation and recovery for default lie on the Advance Licence/Authorisation holder.
Standardization and Simplification of Procedures for Transmission of Securities
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Transmission of securities procedures standardized; exchanges and depositories must amend rules and comply within the prescribed period.
The circular mandates amendment of prior transmission guidance and directs stock exchanges and depositories to update listing agreements, byelaws and rules to implement simplified transmission procedures. Annexure A sets documentary requirements for physical securities transmission: nominee transmission requires a signed request, attested death certificate and PAN (with limited substitution); transmission without a nominee requires an affidavit of legal heirs and, depending on holding value, either succession documentation or specified alternatives such as NOC(s) and an indemnity bond.
Single Window Project —Implementation of Risk based selectivity criteria for clearance of consignments related to Participating Government Agencies (PGAs)
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Risk-based NOC waiver for low-risk consignments allows clearance without PGA approval; exceptions require senior officer authorization.
Under the Single Window, automated risk-based selectivity will refer Bills of Entry to PGAs for NOCs based on risk; low-risk consignments will have PGA NOCs waived with an on-screen and printed waiver message, and Customs officers must not manually refer such consignments except with Assistant/Deputy Commissioner approval. The RMS will issue instructions for documentary checks, inspections and sampling, and importers and brokers must accurately declare end-use and product details in the Integrated Declaration.
The Income Declaration Scheme (I.D.S.), 2016
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Income Declaration Scheme deadline: counters to remain open until midnight to permit declarations filed on last day.
The memorandum directs Principal Chief Commissioners of Income Tax to keep counters receiving declarations under the Income Declaration Scheme (I.D.S.), 2016 open until midnight of the Scheme's final day to facilitate filing beyond normal office hours.
The Income Declaration Scheme, 2016 – reg.
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Eligibility under Income Declaration Scheme clarified: completed proceedings allow declarations except for income already assessed.
Declarations under the Income Declaration Scheme are permitted for assessment years when notices were served on or before the cut-off if the proceedings have been completed and the declaration period remains open, but the declarant cannot declare income that was the subject of the assessment order; cases where search, seizure or survey have left the period for issuance of notices unexpired remain ineligible.
Streamline the Boarding procedure-regarding
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Streamlined boarding procedure requires shipping agents to notify customs in advance and secure officer endorsement after boarding.
Shipping agents must give advance notification of berthing time and vessel details to the Section Officer/(R&I) Officer, keep requisite documents ready for scrutiny, and advise masters to submit a prescribed feedback form. Boarding Officers will endorse commencement of operations by signing the Application for Entry Inward/Arrival Report immediately after boarding. The notice includes a feedback form template for vessel and officer details, qualitative ratings, grievance contacts, and a directive against offering compliments to customs officers.
Attention of all Importers, Exporters, Customs Brokers, Shipping lines/Agents and the members of Trade and Industries is invited to the below mentioned Customs Notification relating to the import/export of goods under various Export Promotion Schemes
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Export Promotion Schemes: permit import/export via ICD Tumb with specified exclusions and procedural compliance required.
Permission is granted for import and export of permissible goods through ICD, Tumb under EPCG, Advance Authorisation and Duty Free Import Authorisation schemes, with exclusions (certain polyester and nylon products, related fabrics, synthetic waste, and non ferrous metal) and conditions: assessment of Bills of Entry/Shipping Bills by at least Assistant/Deputy Commissioner rank; chemical analysis sampling for synthetic textiles at designated laboratories; selective test weighing; submission of shipping documents three working days in advance; and production of Release Advice for import licences when required.
11/2016 - 15-09-2016 Companies Law
Constitution of Steering Committee for conducting 'National Corporate Social Responsibility Award' of Ministry of Corporate Affairs
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Steering Committee constitution for National CSR Award established to oversee implementation, selection committee, verification and jury processes.
Constitution of a Steering Committee chaired by the Secretary, MCA, comprising senior MCA officers, Department of Public Enterprises representation, IICA, industry chamber and professional body representatives, with the IICA nodal officer as Member Convener, to oversee establishment and execution of the National CSR Award. Its Terms of Reference include approving the Implementation Strategy and Memorandum of Understanding, constituting the Selection Committee and its terms, approving external agencies for field verification, recommending a Grand Jury panel and terms, and receiving the final awardee list.
Issuance of Free Sale & Commerce Certificate to Merchant Exporters
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Free Sale & Commerce Certificate eligibility clarified: merchant exporters may obtain it by furnishing manufacturer details in Annexure A.
Merchant exporters may obtain a Free Sale & Commerce Certificate by providing manufacturer particulars in Annexure A of Appendix 2H; the Regional Authority will record the manufacturer/exporter name as submitted by the applicant in Annexure B, thereby satisfying the proforma requirement under Para 2.37 of the Handbook of Procedure.
Master Circular for Mutual Funds
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Mutual funds: SEBI master circular consolidates filing, disclosure, governance, valuation, risk management and investor protection rules.
SEBI's Master Circular (as at Sept 14, 2016) consolidates mutual fund regulation: SIDs/SAIs and KIM formats, filing and update procedures, timelines and SEBI observation validity; governance rules including independent trustees, audit/valuation committees and systems audits; mandatory disclosures and reporting (monthly portfolios, half yearly financials, trustee reports, remuneration, distributor commission); operational rules on NFO periods, direct plans, single plan expense structures, minimum AUM and investor concentration limits; constrained conditions and procedures for imposing restriction on redemption; and standardised valuation, NAV publication and risk management/stress testing requirements.
Courier bond executed CCSPs
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Insurance requirement for Customs Cargo Service Providers reduced to reflect dwell time, aligning bonds with actual storage exposure and easing compliance.
Requirement that insurance and bond cover for Customs Cargo Service Providers (CCSPs) reflect actual storage exposure in customs areas is modified to base coverage on average storage for a ten day clearance period rather than the earlier thirty day period, with the Commissioner of Customs to specify amounts having regard to goods already insured by importers or exporters; the change aims to ease doing business and aligns with an amendment reducing bond value correspondingly.
Guidelines on safety and security of premises where imported or export goods are loaded, unloaded, handled or stored
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Safety distance requirements for hazardous cargo: revised prescribed separations and storage construction standards apply to customs premises.
Hazardous imported or exported goods must be stored at approved customs cargo service provider premises in isolated, segregated locations according to hazard classification, in constructed areas with heat or fire resistant walls, RCC roofing and flooring to protect personnel; explosives are treated separately and distances to administrative buildings and to general cargo are prescribed, with IMDG Code guidance for port storage and specific statutory rules governing land-based notified areas prevailing where applicable.
Public Notice in respect of Guidelines on safety and security of premises where imported or export goods are loaded, unloaded, handled or stored
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Hazardous cargo separation: guidelines require specified safety distances from general cargo and administrative buildings in customs areas.
The Central Board of Excise & Customs issued Circular No. 40/2016 clarifying and modifying earlier instructions to prescribe safety distance requirements between hazardous cargo, including explosives, and general cargo or administrative buildings within Customs areas; importers, exporters and trade are notified of the updated guidelines and asked to report any difficulties to the Department.
Clarification req. u/s 119 of the Income-tax Act, 1961 dated 9th September 2016
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Due date for audit compliance extended and applies to the tax audit requirement, permitting later audit and filing compliance.
The CBDT order extended the due date for furnishing income-tax returns for taxpayers whose accounts are subject to audit, and that extended due date also applies to the obligation to obtain and furnish audited accounts because the statutory "specified date" for audit is defined by reference to the due date for filing returns.
Public Notice in respect of Bond amount & Insurance amount to be provided by Customs Cargo Service Providers -reg.
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Insurance requirement for cargo service providers set to average storage value, subject to Commissioner specification and existing importer/exporter cover.
Customs Cargo Service Providers must procure insurance equal to the average value of goods likely to be stored in the Customs area for a ten day period based on projected capacity, with the Commissioner of Customs authorized to specify the amount after considering goods already insured by importers or exporters.
Guidelines for Issuance of Duty Credit Scrips under Incremental Export Incentivisation Scheme (IEIS) for Quarterly period (01.01.2013 to 31.03.2013) in pursuance of Trade Notice 04 dated 05.05.2016
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Incremental export incentive: guidance on issuing duty credit scrips, tightened scrutiny, and sanctions for irregular claims.
Guidance requires RAs to re-open files and issue supplementary duty credit scrips for incremental export growth after deducting initial scrips, subject to due diligence and enhanced scrutiny. It reiterates that entitlement is based on bona fide incremental exports, prohibits benefits where base-period exports were non-existent or understated to bypass checks, and mandates prescribed filing, CA certification, and single-RA processing for EDI ports. RAs must investigate multiple inconsistent applications, initiate FT (D & R) Act actions including DEL placement and penalties, report errant Chartered Accountants, and conduct post-issuance verification for high-growth claims.

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Circulars

INDIRECT TAX DISPUTE RESOLUTION SCHEME. 2016

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Indirect Tax Dispute Resolution Scheme allows appellants to settle disputed duties by declaration, payment and obtain immunity.
The Scheme allows appellants pending before the Commissioner (Appeals) as on 1 March 2016 to file a declaration to a designated authority by 31 December ... Summary

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Acts Income Tax