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Circulars
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Fixing of Additional OTL by Indian Customs for movement of Nepal traffic-in-transit from Kolkata/Haldia ports-reg.
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One Time Seal requirement for Nepal transit goods mandates serial endorsement and mandatory customs verification in transit declarations.
An additional One Time Seal (OTL) must be affixed by Indian Customs on Nepal-bound transit goods via Kolkata/Haldia, with the OTL serial number endorsed in the Customs Transit Declaration (CTD). Land Customs Station officers are required to verify the physical OTL and match its serial number against the CTD; such checking by Customs officials is mandatory and subject to strict compliance.
Master Circular on Prosecution of Directors – Regarding.
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Officer in default protections clarified: ROCs must verify board process and documentation before prosecuting directors.
Prosecution must target persons who are officers in default after verifying resignation filings, annual returns, board minutes and any formal board delegation; nominee, independent and government nominated directors shall not be held liable for contraventions occurring without their knowledge via the board process, or without their consent or connivance, or where they have acted diligently. ROCs must identify managing directors, company secretaries or specifically charged employees as primary officers in default for account related defaults, seek Central Government authorization before prosecuting government companies, and refer doubtful cases to the Regional Director.
Regarding making E-payment of Customs duty mandatory.
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Mandatory e-payment for higher-value customs transactions and accredited importers; ICEGATE online payment enables immediate clearance.
The Board mandates e-payment of Customs duty for importers above a specified per-transaction threshold and for Accredited Clients, to be notified separately. Payment is made via the Customs E-Payment Gateway at ICEGATE through authorised banks: users select unpaid challans, choose a designated bank, complete bank login and payment, obtain a cyber receipt, return to ICEGATE to finalise the transaction, and use the VERIFY option for incomplete transactions; ICEGATE then relays payment details to ICES enabling the bill of entry to move to examination without physical proof of payment.
Stay on operation of Trade Notice No. 13 dated 27.07.2011 for export of non-Basmati rice.
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Stay on export allocation of non-Basmati rice halts implementation of prior allotments pending court decision.
A court-ordered interim stay directed that no allotments be made until the next hearing; although DGFT had completed allocation under Trade Notice No.13 before receipt of that order, DGFT has stayed operation and implementation of those allocations pending the outcome of the writ petition and has sought further directions while deferring execution.
57/2011 - 28-07-2011 Companies Law
Filing of Balance Sheet and Profit and Loss Account in eXtensible Business Reporting Language(XBRL) mode.
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XBRL filing: Phase I companies allowed extended fee waiver and must have XBRL statements certified by authorized signatory and professionals.
Permits filing of Balance Sheet and Profit and Loss Account in XBRL format with an extended fee waiver for Phase I companies (excluding exempted classes) until the prescribed extended deadline or within an extended grace period tied to the due date. XBRL financial statements submitted via e forms must be verified and certified by the company's authorized signatory and may also be certified by a Chartered Accountant, Company Secretary, or Cost Accountant in whole time practice.
56 /2011 - 28-07-2011 Companies Law
Blocking of DIN consequent to non-filing of Statement of Affairs (SOA).
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Blocking of DIN for non filing of Statement of Affairs follows after issuance of notice and reporting by official liquidators.
Failure to file the Statement of Affairs delays liquidation; Official Liquidators must monthly report directors who have not furnished the SOA to the Ministry and relevant offices, and upon approval the MCA 21 cell will block the Director Identification Number of such directors after notice.
Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010
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Courier electronic declaration compliance: IEC mandatory for low value dutiable imports retained, procedural and exam eligibility relaxations granted.
IEC Branch Code fields in Forms D/CBE XIII and E/CBE XIV and the AD Code field in Form E/CBE XIV shall be treated as non mandatory, while mandatory IEC declaration for low value dutiable consignments in Form D/CBE XIII continues. Transition for qualification under CHALR regulation 8 is extended to 31.12.2011; employees of authorised couriers are permitted as a one time measure to sit the CHALR regulation 19 examination until 31.12.2011 but may not work for CHAs. Consignee authorisation for certain low value consignments may be obtained at delivery and retained for one year or until inspection.
Food Products prepared and served at Hotels/Restaurants or retail outlets - Regarding.
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Excise duty on prepared food not intended for hotel, restaurant or takeaway items; exemptions issued to clarify intent.
The Government clarified it did not intend excise duty to apply to foods prepared and served in hotels, restaurants or retail outlets, including takeaways. Accordingly, a notification exempting such food preparations and an explanatory insertion into the levy notification were issued to confirm the exemption from the commencement of the levy, and Commissioners were directed to apply this position to pending disputes.
Allocation of Government debt long term limits to FIIs
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Allocation limits for FII government-debt investments capped per entity; bidding and FCFS processes with fees and non-utilisation charge.
Unutilized Government debt long-term limits will be allocated to FIIs via a bidding process and an FCFS process. The bidding process on the BSE imposes a per-entity cap of INR 600 crore, a minimum bid of INR 100 crore, and a minimum tick size of INR 50 crore, with custodians remitting fees by a set date. Remaining limits are allocated FCFS via a dedicated email window subject to a per-request cap and a non-utilisation charge equal to the average successful bid premium; custodians must remit that charge within three working days after the utilization period.
Import of hazardous waste under Hazardous Waste (Management, Handling and Transboundary) Rules, 2009-reg.
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Import controls on hazardous electronic waste require prior permission for second hand electronics and mandate re export for illegal imports.
Imports of waste electrical and electronic assemblies are regulated and certain items require Prior Informed Consent; entries covering electrical and electronic assemblies destined for direct re use, including second hand computers, require permission from the environmental regulator. Contravening imports are treated as illegal traffic and must be re exported at the importer's cost within the timeframe prescribed by the Rules.
Allocation of quantities of non-Basmati rice for export in terms of Notification No. 60 dated 19.07.2011.
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Non Basmati rice export allocations totalling 1,000,000 MT assigned to 82 allottees; registration window 28 Jul-18 Aug.
Allocation of 1,000,000 MT of non Basmati rice for export was made to 82 allottees with IEC codes (Annexure 1) and a 1st waiting list (Annexure 2); one allottee received a partial 9,000 MT allotment with 3,500 MT placed first on the waiting list. Document submission, scrutiny and issuance of registration certificates will run from 1000 hrs on 28.07.2011 to 1700 hrs on 18.08.2011, subject to the conditions of the governing notification.
55/2011 - 26-07-2011 Companies Law
Scrutiny inspection and investigation in all winding up cases.
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Scrutiny and investigation in winding up cases require preliminary reporting, timed inspections, and follow up actions against management.
Upon filing of a winding up petition the Official Liquidator must forward the petition to the Registrar of Companies, who shall review MCA registry records and submit a one week preliminary report covering company history, management, capital and financial position, compliance and complaints, prior inspections, fundraising and related party transactions, unsecured borrowings and auditor qualifications. The Ministry will decide within 15 days whether to order inspection or investigation; ordered inspections/investigations must be completed and sent to the Official Liquidator within 30 days, after which the Official Liquidator will seek appropriate court orders and pursue action against directors and management.
54/2011 - 26-07-2011 Companies Law
Pro-active action in case of winding up petitions.
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Proactive obligations in winding up petitions require Official Liquidators to secure verified company asset and creditor information.
Official Liquidators must post staff at Company Courts, consult the High Court institution register, and file court applications directing company management to provide chartered accountant-verified information: current addresses of officers, detailed immovable and movable asset locations and valuations, debtor and creditor particulars, employee dues, personal assets of directors with acquisition and title details, three years of audited balance sheets, and registered office location. Regional Directors must ensure these applications are filed promptly and a legally vetted standard draft is used in all cases.
53/2011 - 26-07-2011 Companies Law
Guidelines for RDs/ROCs in the matter of scheme of arrangement/amalgamation under section 391-394.
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Scheme of arrangement compliance: Central guidelines impose timelines and procedural checks for ROCs and Regional Directors to report.
The circular mandates a uniform procedure for RDs and ROCs on schemes under section 391-394, requiring electronic tracking of court notices, specified short timelines for ROC reporting and RD actions, submission of valuation and auditors' materials, routing of finalized affidavits through standing counsel and Law Ministry, and substantive checks on filing status, investor grievances, inspections, regulatory clearances, listing/NOC issues, foreign interests, accounting and valuation conformity, employee protection, and potential circumvention of statutory safeguards.
Regarding leviability of Cess on export of Lac/shellac.
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Cess on lac/shellac exports no longer payable following repeal of the Produce Cess Act; field units to cease collection.
Exports of lac and shellac are no longer subject to cess because the Produce Cess Act, which imposed that levy, has been repealed; authorities are to instruct field formations to stop demanding or collecting cess on such exports.
Classification of Palm Stearin –Reg.
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Tariff classification of palm stearin clarified: crude palm stearin to be assessed under the specified Customs Tariff subheading.
Goods declared as Crude Palm Stearin are to be assessed under the Customs Tariff heading applicable to palm stearin treated as fatty acid mixtures; identification must follow Rule 3(a) of the General Rules for the Interpretation, resorting to essential character only if identification is impossible. The prior Board Circular providing alternate assessment guidance is withdrawn and pending cases should be finalised accordingly.
Exim Bank's Line of Credit to the Indo - Zambia Bank Limited.
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Line of Credit terms permit export financing with shipment declaration requirements and restricted agency commission subject to prior RBI approval.
Exim Bank made a Line of Credit available to Indo Zambia Bank to finance exports eligible under India's Foreign Trade Policy, effective from June 29, 2011, with specified deadlines for opening LCs and final disbursement. Shipments must be declared on GR/SDF forms. Agency commission is generally not payable under the LOC, though the Reserve Bank may permit commission for exports needing after sales service; such commission must be deducted from the invoice, reimbursable amounts to banks will be ninety percent of FOB/CFR/CIF value, and prior RBI approval is required before shipment. AD Category I banks must observe realization and prevailing instructions for remittances.
Exim Bank's Line of Credit to the Government of the Kingdom of Swaziland.
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Line of Credit conditions require predominant domestic-supply content and specified timelines for letters of credit and disbursement.
Authorisation for two concessional Lines of Credit to finance eligible goods and consultancy services for a specified infrastructure project requires at least seventy-five percent of contract value to be supplied from the lending country, permits limited external procurement, sets distinct timelines for opening Letters of Credit and disbursement for project versus supply contracts, mandates shipment declarations on prescribed export forms, disallows agency commission under the LOCs except from exporter resources subject to remittance rules, and is issued under foreign exchange management powers without prejudice to other statutory approvals.
Exemption from requirement of furnishing return of income for A.Y. 2011-12 where income does not exceed Rs. 5 lakhs - Assessee has option to avail said exemption
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Return filing exemption allowed; taxpayers may still file returns and tax offices must accept voluntary filings.
Exemption under the Notification relieves specified individuals from the requirement to furnish a return of income where their income falls below the prescribed threshold, but qualifying taxpayers may elect to avail the exemption. Tax office personnel are instructed to accept Returns of Income from any taxpayer who chooses to file voluntarily even if they satisfy the Notification conditions, and must not refuse receipt on the ground of entitlement to exemption.
Regarding- Exemption from the requirement of furnishing a Return of Income Under Section 139(1)
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Filing exemption clarified: taxpayers eligible for exemption may still voluntarily submit income tax returns; offices must accept them.
The Board directs that taxpayers who satisfy the conditions of the exemption under Section 139(1) may nevertheless voluntarily file a Return of Income and that departmental officers and staff must accept such returns from taxpayers who choose to submit them, despite their eligibility for exemption.

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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