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    Leviability of Service Tax to (DICGC) has been reexamined in the light of observations received from Chief Commissioner (LTU), Mumbai
    Issue of Export Certificates for frequently traveling international passengers-Reg.
    Compliance of the provisions of Companies Act, 1956 and Rules made thereunder.
    Service Tax - Audit of the accounts of M/s Bharat Sanchar Nigam Ltd, Tiruchirapalli - Issue of eligibility or otherwise of Notification No.03/1994 - S...
    Minutes of the 48th meeting of the SEZ Board of Approval held on 19th September 2011 to consider proposals for setting up Special Economic Zones
    Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Cross Border Inward Remittance under Money Transfer Serv...
    Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Money changing activities.
    Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Cross Border Inward Remittance under Money Transfer Ser...
    Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Money changing activities.
    Summary dismissal of departmental appeal by Delhi High Court by retrospective application of monetary limits of tax effect
    Meeting of Medical expenses of NRIs close relatives by Resident Individuals.
    Filing of applications for DEPB for exports of “Cotton Yarn including Melange Yarn” made from 01.4.2011 to 04.8.2011 and “Cotton from 01.10.2010...
    Repayment of loans of Non-resident close relatives by residents.
    Loans in Rupees by resident individuals to NRI close relatives
    Gift in Rupees by Resident Individuals to NRI close relatives
    Mandatory e-filing of Central Excise Returns in ACES-regarding.
    Credit of sale proceeds of Foreign Direct Investments in India to NRE/FCNR (B) accounts - Clarification.
    Exchange Earners Foreign Currency (EEFC) Account and Resident Foreign Currency (RFC) account – Joint holder - liberalisation.
    Foreign Investments in India - Transfer of security by way of gift – Liberalisation.
    NRIs/PIOs holding NRE/ FCNR(B) accounts jointly with Indian resident close relative - liberalisation.
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Circulars
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Leviability of Service Tax to (DICGC) has been reexamined in the light of observations received from Chief Commissioner (LTU), Mumbai
Show AI Summary
General insurance business treated as taxable after review: DICGC activities attract service tax under existing law.
DICGC's insurance activity falls within Section 65(105)(d) of the Finance Act, 1994 as general insurance business and is chargeable to service tax. Section 36(1)(e) of the General Insurance Business (Nationalization) Act evidences legislative treatment of DICGC as insurance business; definitions incorporated into the Finance Act apply as part of that Act. The Corporation's functions qualify as "business" in fiscal context, and statutory transactions arising from mandatory registration are to be treated as contractual, satisfying the requirement of effecting insurance contracts.
Issue of Export Certificates for frequently traveling international passengers-Reg.
Show AI Summary
Export certificate facilitation allows frequent travelers to secure pre departure customs proof, enabling duty free re importation compliance.
Passengers frequently traveling may obtain a serially numbered, sealed Export Certificate in advance from the Assistant Commissioner of Customs (Tech), Bangalore, valid for one year and recording product, manufacturer, marks/numbers/mode and year of manufacture after inspection. Airport issuance after inspection remains available. The certificate requires a declaration that articles are private property not for sale and notes that articles must remain in the exporter's or family's ownership and be re imported within three years with customs endorsement on each departure.
64/2011 - 20-09-2011 Companies Law
Compliance of the provisions of Companies Act, 1956 and Rules made thereunder.
Show AI Summary
Compliance of Companies Act provisions made effective, requiring implementation of prior circular on corporate compliance obligations.
The Ministry directs enforcement of compliance with the Companies Act, 1956 and rules thereunder and states that an earlier circular (No. 63/2011) on corporate compliance will be implemented from the date specified, requiring Regional Directors and Registrars of Companies to ensure observance and administrative implementation of the prior guidance.
Service Tax - Audit of the accounts of M/s Bharat Sanchar Nigam Ltd, Tiruchirapalli - Issue of eligibility or otherwise of Notification No.03/1994 - ST dated 30.6.1994 in case of telephone services for local calls provided through Village Panchayat Telephones - regarding.
Show AI Summary
Exemption for guaranteed public telephones confirms local-call village phones remain service-tax exempt despite corporatization.
Notification No.3/94 ST includes an exemption for Guaranteed Public Telephone operating only for local calls; Village Panchayat Telephones limited to local-call facility fall within this category, and therefore services rendered by BSNL through such VPTs remain exempt from service tax despite corporatization, with officers advised to decide pending matters accordingly.
Minutes of the 48th meeting of the SEZ Board of Approval held on 19th September 2011 to consider proposals for setting up Special Economic Zones
Show AI Summary
SEZ approvals and regulatory conditions updated: co developer tax caveats, authorized operations limits, area and de notification safeguards.
The Board recorded approvals, refusals and deferrals across SEZ matters including formal and in principle approvals, co developer permissions subject to tax and lease treatment caveats, authorized operations constrained by SEZ Act and EGoM guidelines with exclusive use conditions for non processing facilities, area changes subject to contiguity and DC certification, de notifications conditioned on refund of benefits, extensions of formal approvals and LoPs with some matters deferred as sub judice, acceptance that equity transfers do not constitute sale of land subject to continuity and eligibility conditions, and grant of industrial licences for defence supplies with prescribed safeguards.
Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Cross Border Inward Remittance under Money Transfer Service Scheme.
Show AI Summary
Cross-border inward remittance agents must consider FATF-identified AML/CFT risks and comply with RBI, FEMA and PMLA directives immediately.
Authorised persons under the Money Transfer Service Scheme are directed to consider an enclosed FATF Statement identifying jurisdictions with strategic AML/CFT deficiencies, to inform their constituents, obtain Principal Officer acknowledgement, integrate FATF risk considerations into cross-border inward remittance operations, and note that directions are issued under FEMA and PMLA with penal consequences for non-compliance.
Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Money changing activities.
Show AI Summary
Money changing activities: consider FATF jurisdictional AML/CFT risk statements and align compliance under FEMA and PMLA.
Authorised persons in money changing activities must consider the FATF Public Statement identifying jurisdictions with strategic AML/CFT deficiencies, bring the statement to their constituents' attention, have their Principal Officer acknowledge receipt, and incorporate the FATF risk considerations into compliance practices; non compliance may attract penal provisions under the Foreign Exchange Management Act, the Prevention of Money Laundering Act, and related rules.
Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Cross Border Inward Remittance under Money Transfer Service Scheme.
Show AI Summary
Cross-border inward remittances: agents must apply enhanced AML/CFT scrutiny for transactions involving listed high-risk jurisdictions.
Authorised Persons under the Money Transfer Service Scheme must consider FATF-identified AML/CFT deficiencies and apply enhanced customer due diligence and risk mitigation when dealing with persons or financial institutions from listed jurisdictions, with special attention and counter-measures advised for Iran and DPRK; legitimate trade may continue but non-compliance with statutory AML and foreign exchange obligations attracts penal consequences.
Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Money changing activities.
Show AI Summary
AML/CFT risk advisory: enhanced due diligence urged for business with jurisdictions identified as having strategic deficiencies.
Authorised Persons must account for AML/CFT risks when dealing with persons and financial institutions from jurisdictions identified by FATF-notably Iran and DPRK, and additionally Bolivia, Cuba, Ethiopia, Kenya, Myanmar, Sri Lanka, Syria and Turkey-and apply Enhanced Due Diligence and other risk mitigation measures while not precluding legitimate trade. The advisory highlights risks from correspondent relationships, the need for effective suspicious transaction reporting, and instructs Authorised Persons to notify constituents and have Principal Officers acknowledge receipt. Directions are issued under the Foreign Exchange Management Act and the Prevention of Money Laundering Act and non-compliance may attract penal provisions.
Summary dismissal of departmental appeal by Delhi High Court by retrospective application of monetary limits of tax effect
Show AI Summary
Monetary limits on tax appeals require filing review or recall petitions as advised, despite policies limiting higher appeals.
Field officers must file either a review petition or a recall petition in the High Court as recommended by the Senior Standing Counsel; recall may be used where review time limits have lapsed. Even where the Board has decided not to pursue higher petitions for cases of small tax effect, review or recall petitions are to be filed if an appeal to the High Court was permissible under the instructions applicable at the time of the original filing.
Meeting of Medical expenses of NRIs close relatives by Resident Individuals.
Show AI Summary
Medical payments for visiting NRI close relatives now permitted as resident to resident payments under FEMA notification covering related services.
Resident individuals may pay medical expenses of visiting NRI/PIO close relatives (as defined in Section 6 of the Companies Act, 1956); such resident to resident payments are covered as "services related thereto" under Regulation 2(i) of Notification No. FEMA 16/RB 2000 dated May 3, 2000. Authorised Dealer banks are to notify constituents and customers. Directions are issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 and are without prejudice to permissions required under other laws.
Filing of applications for DEPB for exports of “Cotton Yarn including Melange Yarn” made from 01.4.2011 to 04.8.2011 and “Cotton from 01.10.2010 to 04.08.2011.
Show AI Summary
DEPB filing allowed for post-restoration exports; online applications accepted, earlier-period procedure pending notification by authorities.
The Trade Notice permits online filing of DEPB applications for exports of cotton yarn and cotton made on and after 04.08.2011. For cotton yarn exports from 01.04.2011 to 03.08.2011 and cotton exports from 01.10.2010 to 03.08.2011, a separate procedure is being devised with the Department of Revenue and will be notified later.
Repayment of loans of Non-resident close relatives by residents.
Show AI Summary
Repayment by close relatives: residents may repay loans of non resident close relatives by crediting the borrower's loan account.
Where an authorised dealer in India has granted a loan to a non resident Indian in accordance with the Borrowing and Lending in Rupees Regulations, such loans may be repaid by a resident close relative of the Non Resident Indian by crediting the borrower's loan account through the bank account of such relative.
Loans in Rupees by resident individuals to NRI close relatives
Show AI Summary
Loans in rupees to NRI close relatives permitted subject to interest free, one year minimum maturity and specified usage and repayment conditions.
Resident individuals may lend rupee loans to NRI/PIO close relatives by crossed cheque or electronic transfer if the loan is interest-free, has a minimum one-year maturity, is credited to the borrower's NRO account, is not remitted outside India, is used only for the borrower's personal or permitted business purposes in India (excluding activities prohibited for non-resident investment), and is repaid via inward remittance, debit to NRO/NRE/FCNR accounts, or sale proceeds of pledged assets.
Gift in Rupees by Resident Individuals to NRI close relatives
Show AI Summary
Rupee gifts to NRI close relatives allowed; credit to recipient NRO account subject to LRS overall limit compliance.
Resident individuals may make rupee gifts to NRI/PIO close relatives by crossed cheque or electronic transfer, with the amount credited to the recipient's NRO account as an eligible credit. Gifts must comply with the overall limit under the Liberalised Remittance Scheme and the donor is responsible for ensuring LRS limits are not exceeded. AD banks are to implement the facility pending amendments to the Deposit Regulations and FEMA notification, and the directions are issued under FEMA subject to other legal permissions.
Mandatory e-filing of Central Excise Returns in ACES-regarding.
Show AI Summary
Mandatory electronic filing of central excise returns expands required e submission and assistance obligations for assessees.
Mandatory electronic submission is imposed for prescribed Central Excise returns under amendments to the Central Excise Rules, 2002 and the CENVAT Credit Rules, 2004. Electronic filing is compulsory for returns under Rule 12(1), Rule 17, and Rule 12(2A)(a), while ER 4 and ER 5/ER 6 continue electronically where no exemption applies. The obligation applies irrespective of duty paid in the preceding financial year. Field formations must assist assessees and inform trade to facilitate adoption of the new e filing procedure.
Credit of sale proceeds of Foreign Direct Investments in India to NRE/FCNR (B) accounts - Clarification.
Show AI Summary
Credit of FDI sale proceeds to NRE/FCNR(B) accounts permitted under Regulation 11; banks to implement FEMA guidance.
Sale proceeds of foreign direct investment in India may be credited to NRE/FCNR(B) accounts of NRIs/PIOs under Regulation 11 of the FEMA (Transfer or Issue of Security) Regulations, 2000; this clarifies that the facility previously reflected in Schedules 3-5-subject to purchase having been by inward remittance or from existing NRE/FCNR(B) funds and applicable taxes-will continue to apply. Authorised Dealer banks are to implement and notify customers. Directions issued under Sections 10(4) and 11(1) of the FEMA, 1999.
Exchange Earners Foreign Currency (EEFC) Account and Resident Foreign Currency (RFC) account – Joint holder - liberalisation.
Show AI Summary
Joint holding of RFC/EEFC accounts with resident close relatives permitted, but joint holder cannot operate account during lifetime.
Resident individuals may include resident close relatives as joint holders in their EEFC and RFC accounts on a former or survivor basis, provided the joint holder is not permitted to operate the account during the lifetime of the resident account holder; regulatory amendments will follow and authorised banks must notify account holders, without prejudice to other legal permissions.
Foreign Investments in India - Transfer of security by way of gift – Liberalisation.
Show AI Summary
Gift of securities to non-resident relatives requires prior RBI approval and now permits a higher annual transfer threshold.
Transfers of securities by way of gift from residents in India to persons resident outside India require prior approval of the Reserve Bank under Regulation 10A(a) of the FEMA (Transfer or issue of Security by a Person Resident outside India) Regulations, 2000; all other conditions of Regulation 10A(a) remain unchanged. The circular increases the applicable annual monetary ceiling for such gifts and notes that amendments to the Regulations will be issued separately, directing Authorised Dealer banks to notify their constituents.
NRIs/PIOs holding NRE/ FCNR(B) accounts jointly with Indian resident close relative - liberalisation.
Show AI Summary
Joint NRE/FCNR(B) accounts with resident close relatives now permitted on former-or-survivor basis, with POA operation allowed.
NRIs and PIOs may open NRE and FCNR(B) accounts jointly with a resident close relative on a former-or-survivor basis, with the resident eligible to operate the account as Power of Attorney during the NRI/PIO's lifetime; authorised banks must notify account holders and regulatory amendments to deposit regulations will be issued.

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Online transmission of DES (Advance Authorization), EPCG and DEPB at 7 new port locations w.e.f. 21.3.2011 - reg.

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Online transmission requirement for export authorizations mandates EDI filing and automated Customs communication for specified ports.
Directive requires online transmission of DES (Advance Authorization), EPCG and DEPB at seven newly designated ICES/Customs locations effective 21 March ... Summary

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Acts Income Tax