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Circulars
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Savings Bank account maintained by residents in India –Joint holder - liberalisation.
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Joint account holdings with non-resident close relatives allowed on former-or-survivor basis with operation restricted during lifetime.
Residents in India may include non-resident close relatives as joint holders in resident savings bank accounts on a former or survivor basis, with "close relatives" as defined in Section 6 of the Companies Act, 1956; such non-resident joint holders shall not be eligible to operate the account during the lifetime of the resident holder. Authorised Dealer banks must notify their customers. The directions are issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 and are without prejudice to other legal permissions.
10 - 15-09-2011 VAT - Delhi
Notice of the findings in the enforcement surveys
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Assessing authority examination: ensure enforcement survey findings are correlated with dealer returns before allowing tax credits.
Assessing authorities must corroborate enforcement survey findings with dealers' tax returns and sales/purchase records and examine all relevant records in detail before allowing any credit or exemption indicated by the survey report, to prevent inappropriate allowances.
09 - 15-09-2011 VAT - Delhi
Live telecasting of events performed in Delhi is covered under the Delhi Value Added Tax Act, 2004
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Live telecasting rights classified as taxable under VAT for rights to events performed in Delhi.
Sale or transfer of live telecasting rights for events performed in Delhi falls within entry no.3 of the Third Schedule of the Delhi Value Added Tax Act, 2004, which covers intangible goods (copyrights, patents, reproduction licences, goodwill), and is therefore taxable under the Act; the clarification is issued with the Commissioner's approval.
Regarding Export of Non-Basmati Rice, Wheat and Onions.
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Export prohibition on onions requires strict enforcement; transitional shipments allowed only under pre-restriction validated letters of credit.
Export of Non-Basmati rice and wheat is permitted through Customs EDI ports (rice only from privately held stocks by private parties), while export of onions in all forms is prohibited subject to a transitional FTP exception allowing shipments under pre-restriction validated irrevocable commercial letters of credit and contracts that must be registered with the Regional Authority within the prescribed 15-day period.
Section 73(b) of the Finance Act, 2011 as applicable to Spare parts and Components of Construction Equipment - Regarding.
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Retrospective excise levy: CENVAT credit allowed only with prescribed duty documents and certified stock records.
Retrospective excise liability arising from packing, repacking and related operations permits manufacturers to utilise eligible input duties as CENVAT credit for payment of duty on final products, but only upon production of prescribed duty paying documents. Opening stocks as at the cut off must be declared on internal records authenticated by a chartered accountant and company directors; input credit on such stocks is allowed on the basis of available invoices/import documents. Supplementary invoices/challans for stock transfers and monthly statements of production, clearances and credit balances are required to support verification. Retail spares are valued under MRP while original equipment follows transaction value; interest waiver is not available under existing law.
Redressal of investor grievances against Depository Participants (DPs) in SEBI Complaints Redress System (SCORES)
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Investor grievance redressal requirement: DPs must resolve complaints within one month via SCORES, with depository enforcement.
SEBI has implemented SCORES to centralize investor complaint processing against DPs, enabling routing of complaints to Depositories, online uploads of Action Taken Reports, and investor tracking. DPs must redress grievances within one month and inform investors and Depositories of actions; non-compliance may attract penalties. Depositories must follow up with DPs, levy penalties for non-compliance, update SCORES with status and supporting documents at every stage, ensure website disclosures match SCORES, amend bye-laws for uniform implementation, report monthly to SEBI, and monitor compliance through half-yearly audits and inspections. The circular is issued under Section 11(1) of the SEBI Act.
Regarding meetings, to be chaired by Chief Commissioners, of Regional Advisory Committee for organized sector and small scale industries –
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Regional Advisory Committee constitution centralized at zonal level, chaired by Chief Commissioner to improve trade representation and coordination.
A single zonal Regional Advisory Committee for organized sector and small scale industries shall be constituted and chaired by the Zonal Chief Commissioner, replacing earlier guidelines to the extent specified; the RAC will be advisory, include broader trade and governmental representation, and be re-constituted by the Chief Commissioner without prior Board approval.
Regarding voluntary payment of duty before final assessment.
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Voluntary payment of customs duty: interim payments attract prescribed interest and are adjusted against the final assessed duty.
Voluntary payment of customs duty during provisional assessment is permitted upon written intimation to the proper officer; such payment must include interest at the prescribed rate from the first day of the month in which the duty was provisionally assessed until payment. Bond terms and security remain unchanged and no refund is allowed until finalisation. Interim payments do not attract further interest from payment date to finalisation, but interest is recalculated from the first day of the provisional assessment month to the payment date upon final assessment, and interim duty and interest are adjusted against the final liability.
Online transmission of DES (Advance Authorization), EPCG and DEPB at ICD Karur(INKAR 6) w.e.f. 12.09.2011 - regarding.
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Online transmission of export authorizations now mandatory at ICD Karur; EDI filing and electronic Customs communication required.
Implementation of online transmission for export incentive authorizations at ICD Karur requires DEPB applications linked to shipping bills from that port to be filed in EDI mode, and mandates that Regional Authorities' issuances of DES (Advance Authorization), EPCG and DEPB for the port be communicated electronically to Customs, effective 12 September 2011.
Amendments to SEBI (Mutual Funds) Regulations, 1996
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Consolidated account statements: monthly statements required, with unit allotment confirmations sent by email or SMS, and option for physical reports.
The circular mandates electronic delivery of scheme annual reports or abridged summaries to investors with registered email addresses while preserving an opt in for physical copies, requires AMCs to solicit and register missing email addresses, display reports on AMC websites and provide physical copies on request, and introduces a requirement that AMCs issue a consolidated account statement each calendar month to investors whose folios had transactions during that month, while maintaining unit allotment confirmation by email and/or SMS within the existing dispatch timeline.
Regarding stuffing of export containers under supervision of Central Excise Officers.
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Export container sealing: Central Excise officers may examine, stuff and seal containers at place of dispatch subject to conditions.
Exporters may request Central Excise officers to examine, stuff and seal export containers at the factory, warehouse or approved premises by applying to the jurisdictional Superintendent/Inspector in advance. The jurisdictional officer shall carry out or depute staff, prepare the examination report to accompany consignment, and accept online scheduling by email to the range officer. Exporters must obtain one-time Customs permission before sealing at non-standard premises, and MOT charges apply for services at other premises or beyond normal hours.
Compliance of DGFT Notification No.44 (RE-2000)/1997-2002 dt.24.11.2000- Labeling of goods prior to clearance-reg.
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Labeling compliance: importers must declare non compliance and obtain permission for labeling of imported goods before clearance.
Importers must declare non compliance with RE 44 labeling conditions at import and obtain specific permission to label goods before clearance. For Bills of Entry selected for verification, the importer gives a letter to the assessing group, which issues an examination order to the docks officer to allow labeling at CFS; the docks officer must verify RE 44 compliance before clearance. For RMS cleared Bills of Entry, the importer submits a permission letter to the AC/DC Docks, who instruct docks officers to verify compliance. The procedure applies to all goods under the DGFT Notification.
Transhipment of cargo from Gateway port to EPZs and SEZs reg.
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Transhipment coding requirement: use specific SEZ destination codes in import manifests or amend Local entries promptly.
Import General Manifests must list cargo transhipped to EPZs and SEZs using the specific SEZ destination codes provided in ICES v1.5 rather than as Local items; any manifests already filed as Local for SEZ-bound goods must be amended immediately to change the destination code to the appropriate SEZ code.
08 - 08-09-2011 VAT - Delhi
New application for on-line filing of returns along with Annexures— 2A & 2B.
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Online filing requirement for VAT returns now mandatory for monthly filers; hard-copy submission still required.
A new online application for filing DVAT returns and Annexures 2A and 2B is available for user testing on the department website, with test data not retained; the application will be made operational on the announced launch date and mandatory for all monthly return filers to file the specified tax period return through the new system, while dealers must continue to submit hard copies of returns filed online.
External Commercial Borrowings – Simplification of Procedure.
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Delegation of lender-change approval for external commercial borrowings allows AD Category-I banks to approve transfers subject to conditions.
Authorised Dealer Category-I banks are empowered to approve changes in the recognised lender for ECBs when both original and new lenders fall within specified recognised categories, provided the new lender meets recognised-lender criteria, no other ECB terms change, and the ECB complies with extant guidelines; changes involving foreign equity holders or collaborators remain subject to Reserve Bank review. Approved changes must be reported in Form 83 and the amendment is effective immediately while other ECB policy parameters remain unchanged.
Deferred Payment Protocols between Government of India and erstwhile USSR.
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Special currency basket valuation revised, affecting deferred payment protocols; banks must apply new Rupee value and notify constituents.
RBI circular revises the Rupee value of the special currency basket applicable to Deferred Payment Protocols with the erstwhile USSR, fixing the new Rupee value effective August 23, 2011. AD Category I authorised dealer banks are directed to apply the revised valuation and notify their constituents. The directions are issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 and are without prejudice to other statutory permissions or approvals.
63/2011 - 06-09-2011 Companies Law
Compliance of the provisions of Companies Act, 1956 and Rules made thereunder.
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Registrar acceptance of specified filings for defaulting companies permits limited event-based updates subject to prescribed form list.
The Registrar of Companies will accept a specified set of event-based filings from defaulting companies, categorized by company status (defaulting, dormant, active in progress). Permitted filings include allotment returns, share contract particulars, capital-change notices, registration of resolutions, compounding applications, DIN intimations, officer appointment particulars, notices of court orders, balance sheet and profit and loss filings, annual returns, compliance certificates, auditor information, and Fast Track Exit applications; acceptance applies only to the listed forms and is effective as stated in the circular.
Online Transmission of Duty Free Import Authorization issued between Customs and DGFT
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Online transmission of Duty Free Import Authorization postponed; commencement deferred and fresh start date will be notified to stakeholders.
Implementation of online transmission of Shipping Bills to DGFT and electronic receipt of Duty Free Import Authorization via an Electronic Message Exchange System at Chennai Seaport has been postponed due to technical and administrative reasons; CHAs, importers, exporters and the trade will be informed of a fresh commencement date.
Implementation of Authorized Economic Operator (AEO) Programme guidelines
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Authorized Economic Operator programme secures supply chains and grants certified traders simplified customs procedures and reduced inspections.
The AEO Programme creates a voluntary certification for legal entities engaged in Customs related international trade that meet criteria of Customs compliance, records management, financial solvency and robust security systems; applicants submit prescribed documentation, undergo scrutiny and on site pre certification verification by the AEO Programme Team, and, if accepted, receive an AEO certificate ordinarily within 90 days conferring facilitative customs benefits subject to ongoing compliance, review, suspension, revocation and a right of appeal.
Export of Pan Masala-Gutkha packed in plastic sachet by 100% EOU -Application of provisions of Plastic Waste Management and Handling Rules, 2011 - regarding.
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Plastic Waste Management and Handling Rules amend date in instruction on export of pan masala-gutkha packed in plastic sachets.
Corrigendum to the Board's instruction on application of the Plastic Waste Management and Handling Rules, 2011 to exports of pan masala and gutkha packed in plastic sachets by an export oriented unit: paragraph 3's date is corrected to 02.07.2011 and all other contents of the instruction remain unchanged.

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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