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Circulars
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Levy of Clean Energy Cess - regarding
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Clean energy cess: accounting code assigned and registration and return procedures aligned with systems and payment timing.
Pending opening of a specific minor head, clean energy cess deposits are to be accounted under the Sub Head "Receipt Awaiting Transfer to other Minor Head etc" within Major Head 0038 Union Excise Duty using reduced accounting code 00380086; producers must register in ACES as "manufacturer" and FORM I and Rule 11 have been modified so returns are due by the tenth day of the second month following removals to align with payment timing.
Food Safety and Standards Authority of India has been Established
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Authorized Officers designated for imported food clearance under the Food Safety and Standard Act, coordinating with Customs for port clearance.
Designation of Authorized Officers under the Food Safety and Standard Act, 2006 for imported food clearance at Mumbai Sea Port and JNPT is announced, naming Dr. S.K. Halder (Mumbai Sea Port) and Shri Ais Kumar (JNPT) with administrative commencement from 1 September 2010 and operational processing from 13 September 2010. These Authorized Officers will perform the functions of the Port Health Officer in coordination with Customs; during absence of one officer the other will discharge duties. Importers must obtain necessary clearance or no objection from the named officers, whose contact details are provided, and report implementation difficulties to the Commissioner of Customs.
Refund of Cash Security Deposit paid for registration of contract under Project Import Regulations, 1986-reg.
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Security deposit refund procedure revised: project import group will process refunds and direct CAO for RTGS disbursement.
Project Import group (Group VI) will directly process refunds of cash security deposits on project finalization, passing a Sanctioning Order and conducting pre-audit where required, then forwarding the Refund Order to the Chief Accounts Officer after defacing the security deposit challan; the CAO will prepare the cheque and effect transfer to the party's RTGS account, replacing prior centralised refund claims through the Central Refund Cell I and taking effect immediately.
Amendment of Appendix 22A, related to Bank Realisation Certificate (BRC)
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Bank Realisation Certificate requirements updated: exporters and authorised banks must verify documents, realisation and attach customs attested shipping bills.
Amendment replaces Appendix 22A with a standardized Bank Realisation Certificate requiring exporter declaration of export particulars and attachments (invoices, customs attested shipping bills). Authorised banks must verify documents, certify particulars including freight, insurance and commission, and record FOB value actually realised and date of realisation except for specified credit or line of credit transactions; realisation through freely convertible vostro accounts must be endorsed. Consolidated consignment certificates are permitted and banks other than usual authorised dealers must produce RBI permission to issue BRCs.
Courier Regulations for the manual and the electronic mode - regarding
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Electronic courier customs filing enables authorized agents to submit declarations, integrating KYC and authorization requirements.
Courier consignments are regulated under complementary electronic and manual regimes requiring customs declarations to be filed by authorised persons with specified licensing and examination qualifications, subject to a six month transition. Authorised couriers must comply with KYC verification, enhanced security and net worth requirements, retain consignee authorisations for low value consignments, and follow prescribed forms, IEC declaration rules, and value reporting for dutiable consignments. Where EDI modules are unavailable, manual procedures and existing examination and sampling norms continue, and Commissioners must oversee compliance and permit limited operational exceptions.
Processing of Refund Claims of 4% Additional Duty of Customs (4% AD) in pursuance of Notification No.102/2007-Customs dated 14.9.2007 as amended and various circulars issued by the Board from time to time – Documentary and procedural requirements to be fulfilled by the claimants to ensure expeditious disposal of claims – reg.
Show AI Summary
Refunds of 4% Additional Duty: claimants must submit prescribed documents and CA certifications to establish VAT/CST correlation and avoid delays.
Refunds of 4% Additional Duty are subject to Notification No.102/2007 and Board circulars; claims must be filed within one year of actual payment and ordinarily only one claim per bill of entry is permitted. Claimants must submit importer copy of Bills of Entry with TR-6 challans, sales invoices (hard copy or electronic with declaration), and original documentary proof of VAT/CST payment or CA-certified copies. A certificate from the Statutory Auditor/Chartered Accountant who certifies the claimant's accounts is required to correlate imports, sales and VAT/CST payments and to state that the incidence of 4% duty was not passed on, with working sheets and explanations to rule out unjust enrichment.
Export of Sugar - reintroduction of the system of export release orders w.e.f. 1.1.2009 for export under OGL/Advance Authorisation on 'ton-to-ton' basis - regarding
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Export release orders reinstated: exports on ton-to-ton basis barred without Directorate release order for advance authorisations.
Field formations are instructed not to permit sugar exports on a ton-for-ton basis without a release order from the Directorate of Sugar against the relevant advance authorisations; the reintroduction of export release orders makes such Directorate release orders a prerequisite for exports under OGL or Advance Authorisation.
OFFICE ORDER
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Designation of Central Public Information Officer for LLP matters under Right to Information Act ensures a named RTI contact.
Shri Srikumar, Assistant Registrar, LLP, is appointed as the Central Public Information Officer for Limited Liability Partnership matters under section 5(1) of the Right to Information Act, with immediate effect and until further orders, and administrative contact details are provided to facilitate RTI communication.
Clarification on submission of Audit report under Regulation 55A of SEBI (Depositories and Participants) Regulations, 1996
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Reconciliation of Share Capital Audit replaces Secretarial Audit, requiring periodic auditor certification and exchange submission.
Terminology 'Secretarial Audit' is substituted with 'Reconciliation of Share Capital Audit' for the purpose of reconciling share capital held in depositories and physical form with issued/listed capital; the audit must be performed periodically by a qualified chartered accountant or a practicing company secretary and submitted to stock exchanges. Stock exchanges and depositories must amend their bye laws/rules, notify issuers, registrars and share transfer agents, and publish the change on their websites.
Amendment of Appendix 25 C, Amendment 25 D and Sl. No. 9 under the Note - regarding
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Validity of Bank Guarantees and LUTs set from export date; revolving guarantees limited to each scheme until obligations satisfied.
Both Bank Guarantees and Letters of Undertaking are valid for twenty-four months from the Let Export Order date (measured from the latest shipping bill where multiple S/Bs exist), and revolving BGs/LUTs remain effective only until all obligations are fulfilled to the Full and Final satisfaction of the Government and written consent is communicated; revolving instruments are limited to a specific scheme and cannot be used across different Regional Authorities.
Trading Rules and shareholding in dematerialized mode
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Dematerialised public shareholding threshold determines trading eligibility; non compliant scrips moved to Trade for Trade and disclosure enforced.
Trading in the normal segment is conditional on a company having achieved at least fifty percent non promoter holding in dematerialised form; failure to meet this requirement based on the latest quarterly shareholding pattern will result in migration of the scrip to the Trade-for-Trade segment. Specified corporate events and certain listing circumstances will also require initial trading in the Trade-for-Trade segment with applicable price band provisions, and exchanges must ensure required disclosures are publicly disseminated prior to trading.
Arbitration Mechanism in Stock Exchanges
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Arbitration fees framework revised for stock exchange disputes, including exemptions, refunds and allocation to investor protection.
Parties must deposit an exchange-prescribed amount on filing arbitration references under a tiered fee schedule based on the higher of claim/counter-claim and whether filed within or after a six-month period; clients filing small claims within six months are exempt. On award, deposits are refunded to the successful party; for claims within six months the unsuccessful party's deposit is appropriated as fees, while for late claims one-third of the unsuccessful party's deposit is appropriated as fees and two-thirds credited to the Investor Protection Fund. The six-month period is computed from quarter end with specified exclusions.
Execution of Power of Attorney (PoA) by the Client in favour of the Stock Broker/ Stock Broker and Depository Participant - Clarifications
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Power of Attorney restrictions limit brokers' authority to settlement-related transfers and prohibit off market movements, while remaining revocable by clients.
SEBI clarifies that a client's Power of Attorney to a stock broker or broker-cum-depository participant is optional and must not be a precondition for services. Permitted PoA powers are limited to transfers from the client's beneficial owner account to meet margin, delivery or settlement obligations arising from trades through the same broker, and to apply for or redeem investment products on client instruction with an audit trail. PoAs must list related-party bank and demat accounts, be revocable at any time without affecting prior settlement obligations, and must not enable off-market transfers between non-related parties.
Export of sugar against Advance Authorizations issued from 17.2.2009 to 30.9.2009 - Reg.
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Advance Authorization compliance: export of sugar requires Directorate release order to validate raw sugar imports under ton-to-ton rule.
Exporters must obtain a release order from the Directorate of Sugar before exporting sugar against Advance Authorizations issued during the period when imports were allowed on a ton-to-ton basis; customs formations are instructed to refuse exports lacking that Directorate release and to report mills that may have exported without authorization.
Extension of time for submission of DVAT-51 and furnishing of Central Declaration Forms for the Ist, IInd, IIIrd and IVth quarter of the year 2009-10 (up to 15th October 2010)
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Extension of filing deadline for DVAT reconciliation and original central declaration forms permitting late submission for 2009-10.
The Commissioner extends the filing deadline for the reconciliation return in Form DVAT-51 and for furnishing the 'original' portion of Central Declaration Forms C, E I, E II, F, I, J and H, applicable to the Ist through IVth quarters of 2009 10, permitting submission up to 15th October 2010 under the relevant Delhi VAT and Central Sales Tax rules.
Verification of origin in case of goods imported under Free/Preferential Trade Agreement - Regarding.
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Verification of origin for FTA imports to validate Certificates of Origin and trigger risk based post import review.
Verification of origin is required for imports under Free/Preferential Trade Agreements by examining the prescribed Certificate of Origin for completeness, signatures and seals, and by investigating doubts about authenticity or declared origin. Verification may be initiated on risk parameters-such as the duty foregone, supplier frequency, commodity origin compatibility, propensity for mis declaration, and importer compliance-or at random. The Risk Management Division will suggest selection criteria and build an EDI/RMS application to flag consignments and prompt assessing officers for post import verification.
Import of goods under Notification No.13/2010-Customs dated 19.2.2010 for Commonwealth Games, 2010 - regarding
Show AI Summary
Duty free import eligibility expanded to include suppliers and contractors, subject to principal's undertaking and liability for compliance.
Eligibility for duty free imports under the Commonwealth Games customs notification is extended to suppliers, contractors, vendors and sub vendors of the organising body and of broadcasting rights holders; imports by those entities qualify when the principal organiser or broadcasting principal furnishes the prescribed undertaking and thereby remains liable for duty if conditions are breached. The amendment also expands the list of specified goods eligible for duty free import and modifies earlier Board circular clarifications.
Clarification regarding non-applicability of Anti Dumping Duty under Notification No.15/2007-Cus dated 20.02.2007 to Spandex Yarn (Elastomeric Yarn) falling under Tariff Item 5402 44 00 - Reg.
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Anti-dumping duty scope: Spandex (elastomeric) yarn excluded; only specified polyester yarn types are covered under the notification.
The notification cites Tariff Item 5402 44 00 but expressly limits coverage to fully drawn, fully printed, spin drawn or flat yarn of polyester; consequently, Spandex Yarn (Elastomeric Yarn) is excluded from the scope of Notification No.15/2007-Cus and pending assessments should be finalized accordingly.
Exim Bank's Line of Credit of USD 67.40 million to the Government of the Democratic Socialist Republic of Sri Lanka
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Line of credit conditions require majority Indian sourced supplies and FEMA governed remittance and declaration rules for exports.
Exim Bank's LOC finances eligible goods, services and consultancy from India for a rail upgrade, requiring at least 85 per cent Indian sourced supplies per contract and permitting up to 15 per cent non Indian procurement for non consultancy items; shipments must be declared on GR/SDF forms, no agency commission is payable under the LOC though exporters may remit commission from own funds or Exchange Earners' Foreign Currency balances after realisation, and AD Category I banks must notify exporters and facilitate compliance under FEMA directions.
Exim Bank's Line of Credit of USD 15 million to the Government of the Kingdom of Cambodia
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Line of credit conditions require majority Indian sourcing and specified disbursement and documentation timelines for project finance.
Exim Bank's Line of Credit finances eligible goods, services and consultancy from India for a Cambodian transmission line project, requiring at least 85% of contract value to be supplied from India and up to 15% procured outside India (excluding consultancy). Letters of Credit and disbursement deadlines are 48 months from project completion for project exports and 72 months from the Credit Agreement execution for supply contracts. Shipments must be declared on GR/SDF forms. No agency commission is payable under the LOC, though exporters may pay commission from their own resources or EEFC balances subject to AD Category I bank compliance. Directions are issued under FEMA powers.

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Clarification on Instruction No. 49 on FTWZ issues

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FTWZ storage rules now restrict warehousing to goods for zone development, unit setup, manufacturing, export or DTA sale.
Amendment limits activities of Free Trade Warehousing Zones (FTWZ) in sector specific SEZs so that units may store goods required for zone development, ... Summary

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Acts Income Tax