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Minutes of the 114th meeting of the Board of Approval for SEZs held on 15th April, 2023 at Vishakapatnam SEZ (VSEZ)
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SEZ approvals: extensions, co developer recognitions and conditional area and sector changes subject to SEZ Rules compliance.
The Board approved time limited extensions of formal approvals and LoAs for developers and units under the SEZ Act and Rules, granted co developer status for specified infrastructure and leasing activities subject to standard terms and assessing officer scrutiny of taxability, authorised a conditional area increase and sector change to multi sector SEZ status contingent on statutory land and processing requirements, and addressed miscellaneous compliance, environmental import and partial surrender matters with directions for DCs to verify legal, financial and procedural conditions.
Seizure of Foreign Origin Cigarettes on the road connecting Railway Parcel Office to Convent Junction, Visakhapatnam and at the Railway Station, Visakhapatnam on 10.02.2023-reg.
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Seizure of foreign cigarettes: claimants must reply within ten days or perishables will be disposed under disposal rules.
Foreign-origin cigarettes totaling 389,000 sticks seized on 10.02.2023 in Visakhapatnam were taken under customs seizure powers on reasonable belief of confiscation liability. The consignments were booked via railway receipts and addressed to an identified consignee. The notice directs the consignor, consignee or any claimant to submit a reply with supporting documents within ten days; failing which the customs authority will dispose of the perishable seized goods under the Disposal Manual.
Appendices & Aayat Niryat Forms of Foreign Trade Policy, 2023.
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Notification of trade forms: updated Aayat Niryat appendices published, making revised forms effective for Foreign Trade Policy compliance.
Notification of updated appendices and Aayat Niryat forms under the Foreign Trade Policy, 2023 has been issued by the Director General using delegated administrative authority; the Public Notice publishes those appendices and forms as operative and directs users to the official website for access and compliance.
Remittances to International Financial Services Centres (IFSCs) under the Liberalised Remittance Scheme (LRS)
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Liberalised Remittance Scheme: resident individuals may open FCAs in IFSCs for permitted investments; 15 day repatriation rule withdrawn.
Resident individuals may open a Foreign Currency Account (FCA) in International Financial Services Centres (IFSCs) for making investments permissible under the Liberalised Remittance Scheme (LRS); the prior requirement to repatriate funds lying idle in such accounts within 15 days is withdrawn and balances will be governed by the Master Direction on LRS.
Bank Guarantees (BGs) created out of clients’ funds
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Restriction on bank guarantees created from client funds limits new guarantees and mandates wind down with enhanced reporting and oversight.
Stock brokers and clearing members are prohibited from creating new Bank Guarantees funded by clients' monies and must wind down existing such guarantees by the prescribed deadline; the prohibition excludes proprietary funds. Stock exchanges and clearing corporations must monitor positions, implement periodic reporting, submit fortnightly collateral data to the regulator, verify compliance through inspections, and require statutory-auditor certification of implementation, with exchanges amending bye-laws and reporting implementation status to the regulator. Several earlier circulars are modified to the extent inconsistent.
Modifications in the requirement of filing of Offer Documents by Mutual Funds
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Digital filing of mutual fund offer documents required, with a minimum subscription window for new fund offers and an effective compliance date.
AMCs must file final offer documents (final SID and final KIM) only in digital form by emailing them to the designated filing address at least two working days prior to scheme launch, eliminating the requirement to file physical copies. All new fund offers must remain open for subscription for a minimum period of three working days; other prior provisions remain unchanged and the modifications take effect from May 01, 2023 under the regulator's statutory powers to protect investors.
Amendment in Para 4.12 (vi) of the Handbook of Procedures, 2023
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Validity of ratified norms extended, allowing reuse for Advance Authorisations and easing compliance and transaction costs.
The amendment provides that norms ratified by Norms Committees in the Office of DGFT on or after 01.04.2023 remain valid for three years from ratification, and that norms ratified on or after 01.04.2015 under the HBP 2015-2020 are extended to remain valid until 31.03.2026. Decisions of Norms Committees published as minutes on the DGFT website permit other applicants to apply for and obtain Advance Authorisations on a repeat basis during the norms' validity. Appendix 4P items remain excluded from this provision.
Discontinuation of Gate Preventive Officer signature on the Delivery Gatepass issued by Custodian (AAICLASS) - Reg.
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Discontinuation of Gate Preventive Officer signature on custodian-issued gatepasses expedites clearance while Gate POs remain posted.
The endorsement requirement of the Gate Preventive Officer on custodian-issued Delivery Gatepasses is discontinued to expedite and paperless customs clearance; Gate Preventive Officers will nonetheless remain posted at gate locations to maintain preventive and security functions during physical movement of imported goods.
Launch of SMTP (Email) services on Customs Brokers Licensing Management System (CBLMS) – Reg.
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SMTP email notifications for customs brokers now deliver portal communications to registered addresses as a one-way service.
SMTP email service on the Customs Brokers Licensing Management System (CBLMS) is now operational to send portal communications to registered e mail addresses, complementing existing SMS notifications. The channel is implemented as a one-way message delivery from the portal to customs brokers and stakeholders; users with issues are directed to the CBLMS helpdesk email for support.
Monthly Public Notice containing therein list of EGM errors
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EGM errors in export manifests must be corrected to secure post export incentives and avoid delays.
The notice lists EGM errors identified in the EDI system (Annexure A) and reiterates the Section 41 obligation to deliver the manifest to the proper officer before departure. It records that incorrect EGMs have produced delays in receipt of post export incentives and instructs exporters, customs brokers, airlines and custodians to remove the listed EGM errors through the concerned airlines so exporters can avail post export benefits; implementation difficulties may be reported to Customs, Export, ACC, Mumbai.
Amendment under Interest Equalisation Scheme in respect of UIN
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Interest equalisation UINs must be bank-specific for a financial year; separate UINs required for multiple banks.
The requirement that an Acknowledgement containing a UIN be unique to a specific bank for a financial year is instituted; beneficiaries wishing to access scheme benefits from multiple banks must obtain a separate UIN for each bank. Prior instructions tying a UIN to a one-time disbursement are deferred due to operational challenges.
Procedure for seeking prior approval for change in control of Vault Managers
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Prior approval for change in control required via SEBI portal with investor relocation option and specified timelines.
An applicant Vault Manager must obtain prior approval from SEBI for any change in control by applying through the SEBI Intermediary Portal with prescribed disclosures including shareholding patterns, past SEBI registration history, regulatory or investor complaints, litigation details, an undertaking that the acquirer will honour past liabilities, and a signed fit and proper person declaration; approval, if granted, is valid for six months and the Vault Manager must notify investors and provide at least thirty calendar days to relocate physical gold prior to effecting the change.
Allocation of additional quantity of 2360 MT for export of raw cane sugar to USA under Tariff Rate Quota (TRQ) for the US Fiscal Year 2023.
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Tariff Rate Quota allocation for raw cane sugar increased, maintaining export reporting and certification conditions for preferential access.
Additional quantity of raw cane sugar has been allocated for export to the United States under the Tariff Rate Quota for the US fiscal year 2023, increasing the total TRQ availability for that period. Exports under this TRQ remain 'free' subject to the previously notified nature of restrictions and reporting obligations. Certificates of Origin for preferential exports, if required, will be issued by the Additional Director General of Foreign Trade, Mumbai, and other specified certification requirements continue to apply.
Amendments under Interest Equalisation Scheme in respect of UIN
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Interest equalisation scheme: exporters must provide a new UIN to the bank for each disbursement and rollover.
Exporters seeking benefits under the Interest Equalisation Scheme must submit a Unique Identification Number (UIN) acknowledgement to the concerned bank; a UIN is tied to a particular bank for a one-time disbursement, and exporters must generate and submit a new UIN for each subsequent disbursement or rollover.
Issue of Master Circular by Stock Exchanges, Clearing Corporations and Depositories
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Master Circular requirement for market infrastructure institutions to consolidate guidelines and preserve prior legal effects.
Market Infrastructure Institutions must annually consolidate subject wise guidelines into Master Circulars, include only relevant guidelines, list and rescind incorporated circulars with archiving, and include a savings clause preserving prior actions, rights, obligations, penalties, investigations and proceedings under rescinded guidelines.
Application for Empanelment of Chartered Engineer for valuation of second hand machinery –reg.
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Empanelment of Chartered Engineers: applications invited for valuation of second hand machinery under CBIC guidelines, with submission instructions and deadline.
Notice invites applications for empanelment of Chartered Engineers for valuation, appraisement and inspection of imported second hand machinery at Custom House, Kandla, in accordance with Circular No. 07/2020 Customs. Applicants certified by the Institute for such appraisement/inspection and meeting the Circular's qualification criteria must submit required documents by post or email to the Commissioner of Customs, Kandla, so applications are received by the office by the stated deadline; contact details are provided for enquiries.
Appointment of approved Valuers for valuing Gold, Silver, Jewellery, Precious Stones and Valuable Articles etc., – Calling for nomination - Reg.
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Appointment of approved valuers for assaying and valuing jewellery and precious items with capped fees and strict conduct rules.
A departmental panel of approved valuers will be appointed to assay and value gold, silver, jewellery, precious/synthetic stones and other valuable articles for import, export, seizure and confiscation; appointed valuers must be present for extraction processes, provide government-approved assay certificates, appear before authorities when required, and comply with a prescribed tiered fee schedule (with GST and a Rs.1,000 minimum). Applications require Form-1, proof of affiliation, qualifications, experience and undertakings; selection involves verification, referral to jewellery associations and formal interview, and appointments are non-transferable with prescribed eligibility, code of conduct, recordkeeping and depanelment measures for misconduct.
Clarification regarding GST rate and classification of ‘Rab’ based on the recommendation of the GST Council in its 49th meeting held on 18th February, 2023
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GST classification for rab: reduced rate for pre-packaged labelled sales and nil for other sales; past-period regularisation applied.
GST classification for rab distinguishes supplies by packing and labelling: pre-packaged and labelled rab attracts a positive GST rate, while rab sold otherwise is nil-rated; the distinction takes effect from the notified date, and past-period treatment is regularized on an "as is" basis to resolve divergent interpretations.
Consolidated instructions for granting manual Out of Charge of import consignments where duty is not being reflected in ICES after payment- reg.
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Manual Out of Charge permitted on bank certificate when duty not reflected, subject to e payment verification and importer undertaking.
Manual Out of Charge may be granted when duty payment is not reflected in ICES upon production of a bank certificate in Annexure A confirming payment and an importer undertaking to deposit the duty with applicable interest if not credited; the facility is subject to prior e payment verification on the ICEGATE website and the bank must forward the certificate by official email for confirmation.
Regarding the determination of the jurisdiction of the traders registered in various corporate circles of the state
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Jurisdiction determination: largest traders allocated to corporate circles after annual GSTR 3B deadline with strict timing, no mid year changes.
After the final tax period each financial year, zonal Additional Commissioners must identify the state's one hundred largest registered traders by taxable turnover and tax payable and transmit a proposal within fifteen days of the final period's GSTR 3B filing deadline to allocate sixty of those traders to the zone's Joint Commissioner (Corporate Circle) with a prescribed goods/services split; late proposals will not be approved and mid year jurisdiction amendments are precluded, with annual amendment proposals to be sent only at the start of the following financial year.

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Kind attention of All Customs Brokers and All Other Stakeholders

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Customs broker association enrollment required; single association rule and possible discretionary extensions for compliance.
Each customs broker must enroll as a member of the recognized Customs Brokers' Association in every customs jurisdiction where they operate, and may not ... Summary

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Acts Income Tax