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Circulars
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Regarding Change of designation of officers representing CBEC in the CESTAT.
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Officer designation change confirms departmental representatives before CESTAT as Authorised Representative and mandates internal notification.
Re-designation of officers representing the Department before the Customs, Excise and Service Tax Appellate Tribunal mandates new titles suffixed by (A.R.)-denoting Authorised Representative-for ranks from Chief Commissioner to Appraiser (e.g., CDR Chief Commissioner (A.R.); Jt. CDR Commissioner (A.R.); SDR/JDR designations replaced by corresponding (A.R.) titles). The change is effective immediately and departments must notify subordinate officers for future correspondence.
Regarding payment of court fee, w.e.f. 1.9.2011, by the Directorate of Legal Affairs in appeals filed before the Supreme Court.
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Centralized court fee payment expedites departmental appeal fee deposits by shifting responsibility to a central legal unit.
W.e.f. 1.9.2011 the centralized payment of court fee for Supreme Court appeals will be made by the Directorate of Legal Affairs, funded under "Law Charges"; directions to deposit fees previously issued to field formations will be routed to the Directorate, which will itself deposit fees, while communications issued before 1.9.2011 leave deposit responsibility with the originally directed field formation.
Redressal of investor grievances against stock brokers and sub-brokers in SEBI Complaints Redress System (SCORES)
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Investor grievance redressal via centralized complaints system mandates brokers to resolve complaints and exchanges to enforce penalties.
Redressal of investor grievances is centralized via the SEBI Complaints Redress System (SCORES), which provides a central database, online complaint routing, ATR uploads and investor tracking. Complaints against brokers and sub brokers are communicated electronically to exchanges, which must pursue the matter with brokers. Brokers and sub brokers must redress grievances and inform investors/exchanges within one month, failing which brokers face penal action; exchanges must follow up, levy penalties for noncompliance, update SCORES with status and documents, and align website disclosures with SCORES.
Processing of Investor Complaints in SEBI Complaints Redress System (SCORES)
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Investor complaint processing centralized via SCORES requires electronic ATR submission and online complaint tracking by intermediaries.
SEBI mandates that all investor complaints be processed exclusively through the SCORES system, requiring intermediaries to submit Action Taken Reports and supporting documents online via assigned credentials; physical ATRs will not be accepted and failure to update ATRs will be treated as non-redressal and shown as pending.
Issue of Customs House Agent License – Reference from field formations.
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Customs House Agent licence eligibility expanded to permit additional subject exams with relaxed attempt limits for past qualifiers.
Applicants who passed examinations under the earlier CHALR but were not granted a CHA licence may qualify in prescribed additional subjects to meet CHALR requirements; the Board has allowed these candidates to clear the additional subject examinations within a prescribed window regardless of the number of attempts. The DGICCE is directed to conduct the examinations expeditiously after due notice. Field formations must publish Trade/Public Notices and issue standing orders or instructions to guide officers and inform the trade.
Allocation of quantity of Rough Marble Blocks for import for Financial Year 2011-12 vide Trade Notice no:16 of 17th August 2011.
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Import allocation of rough marble blocks: allocations subject to documentary scrutiny and sanctions for misdeclaration.
Allocation of import quantities of rough marble blocks under specified ITC HS codes is confirmed to applicants and Regional Authorities are directed to scrutinize allocations for clerical or typographical errors by verifying ITC HS codes and IECs against documentary evidence, with authorized correction where supported by documents; misdeclaration by allottees will invite the consequences set out in the earlier Trade Notice.
Modification of Procedure for refund of excess amount of TDS deducted and/or paid - Refund claims pertaining to the period upto March 31, 2009 may be submitted to the Assessing Officer (TDS) upto 31-12-2012, with the approval of competent authority.
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TDS refund deadline extended: affected refund claims may be submitted to the Assessing Officer (TDS) by the revised deadline.
Refund claims for excess TDS deducted and/or paid for periods up to March 31, 2009 may be submitted to the Assessing Officer (TDS) by the extended deadline, pursuant to a partial modification of an earlier circular and with the approval of the competent authority.
Amendments in SION No. H-3 of Plastic Product Group – Import and Export items - Due to advancement in the technology the Poly Carbonate (PC) is being used in place of ABS/other polymers, to provide higher impact strength and these amendments enable import of required raw materials for exports of ‘Briefcases/Suitcases/Beautycases’ made up of Poly Carbonate.
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Import permission for polycarbonate raw material enables export of polycarbonate briefcases by allowing specified moulding granules.
SION No. H-3 is amended to allow briefcases, suitcases and beautycases to be manufactured of either ABS or Poly Carbonate and to add an import item authorising Poly Carbonate moulding powder/granules at a specified input-output ratio per kilogram of export product; all other import items and quantities remain unchanged, enabling import of the polycarbonate raw material for export production under the Foreign Trade Policy framework.
Authorized Economic Operator (AEO) programme for implementation.
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Authorized Economic Operator programme grants compliant supply-chain operators preferential customs facilitation and reduced inspections and streamlined procedures.
The circular establishes a voluntary Authorized Economic Operator (AEO) programme granting certified economic operators preferential Customs facilitation. Eligibility requires record of compliance, satisfactory commercial and transport record systems, financial solvency and approved security and safety standards. The Directorate General of Inspection administers applications, pre-certification on-site verification and certification; AEO status is valid for three years and subject to ongoing compliance, periodic review, suspension, revocation and appeal rights.
Completion of online uploading of RCMC data on DGFT’s Server By EPCs/ Commodity Boards/Authorities.
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Online RCMC registration required for EPCs and boards; failure to register will make manual RCMC copies unacceptable.
Export Promotion Councils, Commodity Boards and Authorities must register with DGFT and upload RCMC data on DGFT's server to avoid repeated submission of RCMC copies. An authorized representative must contact the designated FTDO with e-Token of Digital Signature Certificate, Password and an Authorization Letter to obtain upload access. The uploading process must be completed by the prescribed deadline; thereafter online RCMC registration will be mandatory and manual copies will not be accepted.
Simplification and Rationalization of Trading Account Opening Process
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Standardised SEBI account-opening rules require KYC, a Rights and Obligations document, risk disclosure and uniform tariff disclosure.
SEBI requires stock brokers and trading members to adopt standardized account opening documentation-replacing multiple client-broker agreements with a mandatory Rights and Obligations document-and to use a two-part Account Opening Form (KYC plus trading-details), uniform Risk Disclosure, Guidance Note and tariff/policy disclosures. Brokers must provide tariff sheets and grievance contacts, ensure voluntary clauses do not conflict with mandatory terms, segregate client funds and securities, implement ECN standards and maintain records, and comply with margin, settlement, reporting and audit obligations as coordinated with stock exchanges.
Circular for Mutual Funds
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Transaction charges for mutual fund distributors permitted on qualifying subscriptions, with disclosure, AMC deduction, and anti splitting safeguards.
SEBI permits a structured transaction charge paid from qualifying subscription proceeds to distributors while excluding direct investments and non purchase flows; charges must be disclosed in bold, deducted by AMCs with net investment and units shown in statements, be subject to distributor level opt out only, and AMCs remain responsible for distributor malpractices and must detect folio splitting and complete folio de duplication within six months.
Consolidated Guidelines for import of precious metal by the Nominated Agencies. – Reg.
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Import monitoring of precious metals: designated agencies must hold RA certificates and submit prescribed returns for regulatory oversight.
Designated entities under paragraph 4A.4 of the Foreign Trade Policy must obtain a one year import Certificate from the Regional Authority upon producing a valid Status Certificate; renewal depends on Status Certificate validity, agency performance and prescribed returns. Nominated agencies (other than designated banks) must maintain records of imports by quantity and value and submit half yearly returns (Premier/Star houses to RAs; others to G&J EPC). G&J EPC and RAs compile and forward returns to DGFT for annual review and possible delisting for non filing. Imports remain subject to FTP, RBI guidelines and Customs procedures.
Chambers of Commerce- Service tax on fee charged for issuance of Country of Origin Certificate (COOC)- regarding.
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Technical inspection and certification service: issuance of country of origin certificates by chambers attracts service tax and may be refunded.
Issuance of Country of Origin Certificates by Chambers or authorised agencies involves examination of origin and composition and, when certifying national character of goods, constitutes technical inspection and certification rather than a general club or association service; fees for such COOC issuance attract service tax under that specific classification and tax paid is eligible for refund under the refund mechanism.
Regarding installation of Weigh-Bridges at different ports.
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Weigh-bridge installation required at customs cargo facilities, with mandatory weighing of all containers and compliance enforcement.
Requirement that Customs Cargo Service Providers maintain weigh-bridges at their facilities, preferably near entry/exit gates, and that all containers must be weighed; Commissioners of Customs must ensure strict compliance and issue standing orders, instructions or public notices to inform concerned officers.
CBEC SPECIFIED Monetary limits below which appeal shall not be filed in the Tribunal, High Court and the Supreme Court.
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Appeal threshold limits restrict appellate filings based on disputed tax amounts; exceptions exist for constitutional and validity challenges.
CBEC prescribes appeal thresholds based on the duty/tax under dispute: Rs.5,00,000 for the Tribunal, Rs.10,00,000 for High Courts and Rs.25,00,000 for the Supreme Court. Thresholds apply to the disputed duty (including refund cases); penalty or interest are included unless they alone exceed the limit. Exceptions require contesting irrespective of amount where constitutional validity or illegality/ultra vires of an administrative instrument is involved. Revision applications before the Joint Secretary are excluded from the limits. Revised limits effective 1 September 2011.
Regarding reduction of Government litigation - providing monetary limits for filing appeals by the Department before CESTAT/High Courts and Supreme court .
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Monetary thresholds for government appeals restrict filing to higher-value tax disputes; specified exceptions permit challenge irrespective of amount.
The Board prescribes monetary limits for filing appeals, applied to the duty/tax under dispute (not total demand), and extending to refund claims; if the disputed portion is below the threshold no appeal shall be filed. Penalty or interest may independently trigger litigation if they alone exceed the threshold. Revision applications to the Joint Secretary are excluded. Constitutional challenges, ultra vires findings, and recurring classification or refund issues must be contested irrespective of amount. Accepted audit objections are now subject to these monetary limits. Effective 1 September 2011.
Reduction of Government litigation - providing monetary limits for filing appeals by the Department before CESTAT/High Courts and Supreme Court - Regarding
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Monetary limits for government appeals restrict filing of departmental appeals to higher fora when disputed duty falls below prescribed thresholds.
Fixes monetary limits below which departmental appeals shall not be filed in the Tribunal, High Courts or Supreme Court, with the determinative element being the disputed duty: if disputed duty is below the prescribed threshold no appeal is to be filed, though penalty or interest exceeding the limits may permit further litigation. Exceptions require contesting adverse rulings on constitutional validity or declarations of ultra vires. The limits apply to refund cases and disputed outstanding duty (not total demand), exclude Joint Secretary revision applications, and subject accepted revenue-audit objections to the limits. The revisions take effect from the stated effective date.
Supply of card holders details for Biometric Smart Cards-reg.
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Biometric identification mandatory for customs pass holders; card replaces magnetic passes and requires biometric enrolment.
Biometric Smart Cards will replace existing Customs passes and are mandatory for CHAs, their employees and self-category importers/exporters. Cardholders must have prescribed details furnished by their CHA using Annexure A and must appear for fingerprint, signature and photograph capture; cards embed digitally encoded personal and firm data, must be updated on any change, and serve as the Customs pass cum identity/authentication device. Forms must be typed, one per person, completed in capital block letters, and strictly conform to the format or risk rejection.
Rates of deduction of income-tax from the payment of income chargeable under the head "Salaries" during the financial year 2011-2012 and explains certain related provisions of the Income-tax Act.
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Tax Deduction at Source on Salaries: updated withholding rates, employer perquisite payment option, reporting and compliance obligations.
Employers must deduct income tax on estimated salary income for FY 2011-2012 at age and gender based slab rates, add applicable education cesses, and are subject to higher withholding where PAN is not furnished. Employers may opt to pay tax on non monetary perquisites and must compute such tax at an average rate, deposit it when salary tax is otherwise deductible, issue Form 12BA and Form 16 with required PAN/TAN/receipt identifiers, file quarterly TDS statements (Form 24Q) electronically where mandated, and comply with specified deposit timings, e filing validation procedures and penalties for non compliance.

Circulars

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Circulars

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