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Circulars
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Review of the Deemed Export Policy - inviting comments from Members of Trade.
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Deemed export policy review invites stakeholder submissions and offers presentations; comments to be emailed to designated contacts.
Review of the Deemed Export Policy requests written suggestions by email to two designated contacts within the prescribed comment period, with senders asked to include contact details; interested parties may also request to make in person presentations, and dates for interactive sessions will be announced on the Department's website.
Implementation of 'Self-Assessment' in Customs
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Self-assessment of customs duty shifts declaration responsibility to importers/exporters while preserving customs verification and reassessment.
Self-assessment places responsibility on importers or exporters to declare correct classification, value, rates and exemptions when filing Bills of Entry or Shipping Bills electronically, subject to selective verification by Customs via the Risk Management System, with powers to examine, test, require documents, reassess duty, issue speaking orders on request, and allow provisional assessment upon security where urgent clearance is needed.
06/2011 - 10-06-2011 Central Excise
Simplification of the procedure of endorsement be Central Excise/Customs authorities on Deemed Exports documents of ARE-3 and invoices.
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Deemed export endorsement: quintuplicate ARE 3 and invoice copies may be attested and returned to claim export incentives.
Suppliers to EOUs may file ARE 3 in quintuplicate to avail export incentives; after due verification Range/Excise Officers shall attest the optional fifth copy of ARE 3 and an extra copy of the invoice and return those attested copies to the assessee for claiming export benefits.
Filing of Annexure 2A & 2B along with Form DVAT-16.
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Filing of Annexure 2A and 2B with DVAT-16 is required and effective from the notification date.
Filing of Annexure 2A and Annexure 2B with the DVAT-16 return is effective from the notification dated 07.05.2010, while other amendments to the DVAT Act concerning levy and deduction provisions are implemented from the notification dated 01.04.2010; the circular clarifies these distinct applicability dates and directs departmental communication and compliance.
Procedure for issuance of NOC to exporters requesting for supervision of stuffing and sealing of containerized cargo and allocation of work amongst the field officers for such supervision and sealing
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Exporters must obtain NOC and verification before factory stuffing, schedule supervision 48 hours ahead, and pay overtime fees.
Exporters must obtain an NOC and original verification report from the jurisdictional Assistant/Deputy Commissioner before applying for Factory Stuffing Permission; the authority shall issue the NOC or notify inability within three working days. Requests to the Technical Section for allocation of officers must be made at least 48 hours in advance, handled on a FIFO basis with online scheduling, and supervision is chargeable via advance Merchant Overtime Fee paid under the applicable Customs fee regulations.
Pre- funded instruments / Electronic fund transfers
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Certification requirement for pre-funded instruments mandates bank-certified identity and an audit trail to ensure client-origin of funds.
Where the aggregate daily value of pre-funded instruments per client meets the prescribed threshold, brokers may accept them only if accompanied by evidence identifying the account holder and debited bank account, certified by the issuing bank by means such as a bank certificate on letterhead, certified requisition slip, certified passbook/bank statement copy, or authentication on the reverse of the instrument; brokers must also maintain an audit trail for electronic fund transfers to ensure funds originate from their clients.
Remittance of assets by foreign nationals - Opening of NRO Accounts.
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NRO account re-designation permitted for departing foreign nationals to collect pending dues, subject to tax clearance and repatriation rules.
AD Category I banks may permit departing foreign nationals to re-designate resident accounts as NRO accounts to receive pending bonafide dues, provided the bank obtains full details of expected dues, verifies that credits are bonafide, ensures immediate repatriation after satisfying itself about payment of applicable taxes, enforces that debits are only for repatriation to the holder's overseas account, permits no other inflows, applies internal controls to monitor transactions, observes the per financial year repatriation limit, and closes the account after all dues are repatriated.
Framing of assessments under CST Act, 1956.
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Framing of assessments under CST Act requires adherence to statutory-form filing timelines and completion of deficiency assessments by prescribed deadlines.
Framing of assessments under the Central Sales Tax framework requires assessing authorities to follow local general sales tax procedure and time limits; statutory forms must be furnished within three months after the relevant quarter, subject to central extensions by the Commissioner. Assessing officers must complete deficiency-of-form assessments by prescribed dates under the compliance schedule and bear personal responsibility for their assigned cases. While assessing, officers should also verify balance-sheet reconciliations for larger dealers, timely returns and tax payments, reversal of input tax where applicable, and consistency between return versions and financial statements. No reconciliation is needed for dealers without central sales in the period.
Regarding monitoring of fresh Fruit and Vegetable Import from Europe for E.Colli bacterial contamination.
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E. coli monitoring of European fresh produce now requires FSSAI testing and NOC before customs clearance.
Imported fresh fruits and vegetables from specified European countries must undergo testing for E.Coli bacterial contamination by the designated food-safety testing authority, and customs clearance is permitted only after issuance of a No Objection Certificate. Ports, airports, ICDs/CFSs and land customs stations must ensure compliance with the testing and NOC requirement, issue appropriate public guidance, and report implementation difficulties to the Board.
37/2011 - 07-06-2011 Companies Law
Filing of Balance Sheet & Profit & Loss Account in eXtensible Business Reporting Language (XBRL) mode
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XBRL filing requirement mandates specified classes of companies to submit financial statements electronically, with exemptions and transitional fee relief.
Mandates filing of Balance Sheet, Profit & Loss Account and related reports in XBRL format for specified classes of companies from 2010-11, with listed companies and their Indian subsidiaries and companies meeting prescribed capital or turnover criteria covered in Phase I; banks, insurance firms, power companies and NBFCs are exempted until further orders. The Ministry has published taxonomies, business rules and validation tools and will provide an XBRL filing module on MCA 21. Transitional relief allows Phase I companies with AGMs before a set date to file by an extended date without additional fee; training contacts are provided.
36/2011 - 07-06-2011 Companies Law
Guidelines for Fast Track Exit mode for defunct companies under section 560 of the Companies Act, 1956
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Fast Track Exit for defunct companies enables streamlined striking off following prescribed certification, affidavit and notice procedures.
Fast Track Exit provides a streamlined procedure for striking off defunct companies with nil assets and liabilities: apply electronically in Form FTE with a filing fee; submit certification by a practising professional, director affidavits, notarised indemnity bonds, and a recent certified statement of account; Registrar issues a thirty day show cause notice and posts applications for public objection; regulators and tax authorities are notified; absent objections and on satisfaction, the Registrar strikes the name off the register and publishes dissolution in the Official Gazette.
DRAFT COMPANIES (DEMATERIALIZATION OF CERTIFICATES) RULES, 2011
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Dematerialization requirement: public companies must hold and convert public securities into dematerialized form under the Depositories Act.
Public companies and their subsidiaries that have raised funds from the public through shares, debentures, deposits, stock, bonds or other financial instruments must issue and maintain those instruments in dematerialized form in accordance with the Depositories Act, 1996 and related regulations, and must convert existing physical certificates into dematerialized form by the prescribed conversion deadline.
35/2011 - 06-06-2011 Companies Law
Green Initiatives in the Corporate Governance – Clarification regarding participation by shareholders or Directors in meetings under the Companies Act, 1956 through electronic mode.
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Electronic participation in corporate meetings: video conferencing mandatory for listed companies after transitional period, and e-voting restricted to certified depositories.
Participation by shareholders and directors under the Companies Act, 1956 may occur through electronic means; video conferencing is not mandatory for directors, is optional for shareholders during a transitional period and mandatory thereafter for listed companies. Companies choosing video conferencing must comply with the procedures in the Ministry's earlier circulars and ensure chairman and secretary verify equipment that enables concurrent, intermediary free participation. E voting at general meetings is permitted only through specified depository agencies which must obtain STQC certification.
Settlement of prosecutions cases – regarding
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Compounding of corporate prosecutions encouraged through Lok Adalats; RDs and ROCs to review and process eligible cases
Regional Directors and Registrars of Companies must organize Lok Adalats to facilitate compounding applications under Section 621A, accept and decide compounding petitions where empowered, forward others to the Ministry, and publicize invitations broadly. ROCs/ RDs must review pending prosecutions to withdraw cases against nominee/independent directors not liable, pursue withdrawal where no public interest exists in nonfiling cases, consider prosecutions against firms applying for striking off, submit monthly recommendations, and ensure the prosecution module is updated and reported.
Processing of investor complaints against listed companies in SEBI Complaints Redress System (SCORES)
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Investor complaint processing through SCORES requires electronic ATR submission; failure to upload is treated as non-redressal of complaints.
SEBI requires centralised electronic processing of investor complaints through SCORES: companies must use issued credentials to view complaints and upload ATRs and supporting documents online; physical ATRs are not accepted for complaints in SCORES. If an RTI/STA processes complaints for a company, the company must notify SEBI via the Annexure so credentials can be provided; failure by the company or authorised RTI/STA to upload ATRs will be treated as non-redressal of the complaint.
Periodical Report – Grant of prior approval to members of stock exchanges/sub-brokers
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Change in control now requires SEBI prior approval; stock exchanges must report other member status changes quarterly.
SEBI dispensed with the general prior-approval requirement for members and sub-brokers to change status or constitution but retained a prior-approval requirement for any change in control. Stock exchanges must continue to grant approvals for specified changes (corporate restructuring, director changes under regulatory provisions, legal form conversions, partner changes, etc.) and submit quarterly periodical reports to SEBI in the prescribed Annexure A format, following specified procedural guidelines and reporting channels.
Redemption of Indian Depository Receipts (IDRs) into Underlying Equity Shares
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Redemption restrictions on IDRs: permitted only when IDRs are infrequently traded with mandated announcement and processing timelines.
Redemption of IDRs into underlying shares is permitted only after the initial lock in and solely when IDRs are deemed infrequently traded under a six month trading turnover test; issuers must test liquidity semi annually, treat a qualifying low liquidity result as the redemption trigger, make prescribed public announcements and exchange notifications, accept applications during the announced window, complete redemptions within the stipulated processing period, and have the domestic depository notify revised shareholding patterns upon completion.
Amendment of para3.11.8 of HBP Vol I( 2009-14).
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Declaration of intent on Free Shipping Bills now required to claim FTP chapter benefits, with exemptions for other schemes.
A Declaration of Intent - "We intend to claim chapter 3 benefits" - must be stated on Free Shipping Bills to be eligible for Chapter 3 FTP benefits; this declaration is not required for schemes under Chapter 4 (including drawback), Chapter 5 or Chapter 6. For products or markets newly included for Chapter 3 benefits, a one month grace period from the date of decision/notification/public notice applies, after which the declaration is mandatory; exports made prior to the decision/notification/public notice do not require the declaration.
Amendment in the Hand Book of Procedures, Vol.1; specifically in the ANF 3B.
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Served From India Scheme revised ANF 3B introduced with EDI filing, updated appendix applicability and documentation requirements.
Revised ANF 3B is mandated for claiming Served From India Scheme benefits, replacing the previous form in HBP Vol.1. Applicants earning foreign exchange under the prior and amended appendices must use this form; it requires applicant and RCMC details, service category per applicable appendix, fixed application frequency for the financial year, detailed foreign exchange entries across Para 9.53 supply categories, total in rupees and entitlement calculation, port of registration, and number of split certificates. Electronic filing data, a signed declaratory undertaking, and a prescribed CA/ICWA/CS certificate with supporting evidence must accompany submissions.
Clarification about requirement of “Declaration of Intent” on Free Shipping Bills for claiming Chapter 3 scheme benefits.
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Declaration of Intent requirement on free shipping bills enables claim of Chapter Three benefits when properly recorded or customs attested.
Exporters must include a Declaration of Intent on free shipping bills to claim Chapter Three benefits; the declaration may be placed in the product description column or be the scheme name or a manual statement attested by customs, and such shipping bills will be accepted by Regional Authorities. The declaration is not required for shipments under FTP chapters four, five or six.

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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