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Circulars
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Maintenance of proper records of transportation of goods
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Transporter liability for excisable goods: lack of invoices or records can trigger seizure and penalties under excise rules.
Transporters who accept or carry excisable goods without proper invoices or accurate lorry receipts, or who destroy transportation records, may be liable to seizure of goods and conveyances and to penalties where there is reason to believe the goods were removed to evade excise duty. Central Excise Officers may detain or seize goods and vehicles when duty liability is suspected; transporters knowing or suspecting confiscable goods will face penalties. Transporters must maintain proper transport records and carry goods under proper invoices for the prescribed statutory retention period.
Limitation period for filing an arbitration reference
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Limitation law governs arbitration filings; depositories must align bye laws, notify participants and update websites.
The limitation period for filing an arbitration reference in depository matters shall be governed by the Limitation Act, 1963, including cases where the Limitation Act period has not expired and no arbitration was filed or where an arbitration was earlier rejected solely for delay but the Limitation Act period still subsists. Depositories must amend bye laws, notify Depository Participants to inform Beneficial Owners, and disseminate the change on their websites.
Overseas forex trading through electronic / internet trading portals
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Overseas forex trading restrictions bar remittances for internet portal trading; banks must block and report suspicious payment flows.
Residents are not permitted to remit funds for overseas foreign exchange trading through electronic or internet trading portals; foreign exchange derivative contracts are allowed only to hedge permissible underlying exposures, while currency futures and options on recognised domestic stock exchanges remain permitted subject to Reserve Bank directions. Banks must be vigilant against portals soliciting margin or investment payments via domestic accounts or cards, as such collections and remittances may contravene foreign exchange rules and KYC/AML obligations.
12/2011 - 07-04-2011 Companies Law
Clarification regarding Easy Exit Scheme (EES)
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Easy Exit Scheme: streamlined acceptance of strike off applications where compounding for non filing is pending, subject to disposal.
Applications for strike off under the Easy Exit Scheme from companies that are defunct and face prosecutions only for non filing of annual returns and balance sheets may be accepted if a compounding application has been filed or an undertaking to file one is furnished; final name removal is to occur only after disposal of the compounding application. Certificates from practising Chartered Accountants, Cost Accountants or Company Secretaries certifying present directors may be accepted to address signatory database mismatches, and indemnity bonds and affidavits of foreign nationals/NRIs must be notarised per their country's law.
11/2011 - 07-04-2011 Companies Law
Allotment of Director Identification Number (DIN) under Companies Act, 1956
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Director Identification Number: mandatory identity fields and PAN requirement to enable online DIN processing and prevent duplicate DINs.
The Ministry requires Name, Father's name, Date of Birth, PAN for Indian nationals and Passport for foreign nationals as mandatory fields in DIN 1 to enable system examination of DIN 4 and prevent duplicate DINs; existing DIN holders who did not furnish PAN must file DIN 4 to furnish PAN.
Export of handicraft and artware items under Drawback Scheme
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Handicraft classification: certificates from the certifying authority should normally be accepted and exports not held up.
Certificates from the recognised certifying authority for artware and handicraft exports should normally be accepted by customs and not rejected as a routine; rejection requires Commissioner approval and consultation with the certificate issuer, and exports should not be held up. Examination of consignments without certificates must follow normal export examination norms and EDI selection, with certificates sought only when doubt arises.
AML Standards/Combating Financing of Terrorism Standards - Cross Border Inward Remittance under MTSS
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AML/CFT compliance required for money transfer agents: FATF guidance must be implemented and constituent notification mandated.
Indian agents under the Money Transfer Service Scheme are directed to implement AML and CFT measures for cross border inward remittances by considering the FATF Statement and the referenced Paragraph 5.10(b) guidance; they must notify their constituents and obtain acknowledgement from their Principal Officer to ensure compliance.
AML Standards/Combating Financing of Terrorism CFT Standards - Money Changing Activities
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AML/CFT compliance required for money changing activities; authorised persons must implement FATF action-plan and note statutory penalties
Authorised persons engaged in money changing activities are directed to consider and implement the FATF action plan set out in the enclosed Statement, to notify their constituents, and to have their Principal Officer acknowledge receipt. Compliance with AML/CFT controls, including recordkeeping, client identification and reporting obligations, is mandated under the relevant foreign exchange and anti-money laundering statutes and rules; failure to comply will attract statutory penalties.
KYC Norms/AML Standards/Combating Financing of Terrorism/Obligation of Authorised Persons under PMLA, 2002, as amended by Prevention of Money Laundering (Amendment) Act, 2009- Cross Border Inward Remittance under MTSS
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AML/CFT risk: Indian MTSS agents must assess and mitigate transactions involving jurisdictions with FATF strategic deficiencies.
Authorised Persons under the Money Transfer Service Scheme must apply enhanced Know Your Customer (KYC), Anti Money Laundering (AML) and Combating Financing of Terrorism (CFT) measures for cross border inward remittances, taking into account risks from jurisdictions identified by the Financial Action Task Force as having strategic AML/CFT deficiencies, incorporate those risks into customer due diligence and monitoring, notify constituents, and obtain Principal Officer acknowledgement; directions are issued under the regulatory foreign exchange and anti money laundering framework with attendant penalties for non compliance.
KYC Norms/AML Standards/Combating Financing of Terrorism/Obligation of Authorised Persons under PMLA, 2002, as amended by Prevention of Money Laundering (Amendment) Act, 2009- Money Changing Activities
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AML/CFT risk based due diligence required: consider jurisdictions with strategic deficiencies before entering business relationships.
Authorised persons in money changing activities must apply enhanced KYC and AML/CFT measures by assessing risks from jurisdictions identified by FATF as having strategic deficiencies and consider those risks when entering business relationships or transactions with persons or entities from such jurisdictions. These directions are issued under the Foreign Exchange Management Act and the Prevention of Money Laundering Act; non compliance may attract penal or regulatory consequences, and authorised persons should notify constituents and obtain acknowledgement from their Principal Officer.
Income-tax Explanatory Notes to the provisions of the Finance Act, 2010
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Tax rate structure and direct tax amendments update rates, TDS thresholds, deductions and source rules for non resident income.
Finance Act, 2010 enacts comprehensive amendments to direct tax law: it prescribes updated tax and TDS rate schedules, clarifies source rules for non resident income to include certain interest, royalty and fees irrespective of where services are rendered, modifies the definition of charitable purpose to allow limited commercial receipts, expands and increases weighted deductions for scientific research and in house R&D, extends investment linked deductions to specified hotels, hospitals and housing projects, raises TDS and audit thresholds, adjusts MAT and insurance income computation, and establishes conditions for tax neutral conversion of companies into LLPs; applicability dates and retrospective provisions are specified for each change.
Request to waive charges during implementation of 1.5 version for additional period of holding the cargo in the CFS
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Waiver of demurrage and detention directed during EDI migration, with CFS-certified delays permitting charge relief.
Directive to waive demurrage and detention charges where delivery delays arise from CFSs' non-procurement or non-installation of hardware, software or connectivity required for migration to the 1.5 version of the ICES EDI system; such delays must be certified by the AC/DC (Export) of the respective CFS, and waivers are to be effected on the basis of that certificate.
Duty free export of samples as personal baggage of the exporter - regarding.
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Duty-free export of trade samples as personal baggage allowed; customs to apply a liberal, criteria based administrative approach.
Customs should permit duty-free export of bona fide trade samples as part of passenger baggage by reading Para 2.31 of the Foreign Trade Policy together with Para 2.20 and Para 2.27 of the Handbook of Procedure; pending amendment of Para 2.31, a liberal administrative view based on exporter status, nature and quantity of samples, and any Export Promotion Council certification may be applied.
Appointment of Adjudicating Authority
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Adjudication authority assignment directs transfer of a show cause notice to the customs commissioner for formal adjudication.
The board assigns a Show Cause Notice and corrigendum issued by a directorate to the Commissioner of Customs, Sea Port Imports, Chennai, thereby designating that commissioner as the adjudicating authority to proceed with formal adjudication under delegated statutory powers.
Acquisition of credit card/debit card transactions in India by overseas banks - payments for airline tickets
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Foreign exchange compliance: overseas acquisition of domestic card transactions for airline ticket sales must cease and be advised against.
Foreign exchange compliance concerning settlement of domestic card payments for airline ticket sales: overseas banks acquiring credit/debit card transactions originating in India and settling them abroad on behalf of foreign airlines is inconsistent with the Foreign Exchange Management Act, 1999 and related regulations permitting repatriation of ticket-sale surpluses only after payment of local expenses and taxes.
Extension of Validity of Public Notice No. 02/2005 up to 31.07.2011 for B.I.S.N. Jetty, Inland Waterways Authority of India
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Validity extension of public notice for B.I.S.N. Jetty continued under customs administration for the specified inland waterways facility.
Validity of Public Notice No. 02/2005 relating to the B.I.S.N. Jetty of the Inland Waterways Authority of India was extended further up to 31.07.2011. The extension followed an earlier continuation up to 31.03.2011 and maintained the operative effect of the notice for the specified jetty under the customs administration at Kolkata.
Amendment in the Point of Taxation Rules, 2011.
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Amendment to Point of Taxation Rules corrects reference in rule nine, replacing "this sub-rule" with "these rules".
A corrigendum to the Service Tax notification published in the Gazette substitutes the phrase "this sub-rule" with "these rules" in rule 9, effecting a textual correction to the Point of Taxation Rules without changing substantive tax provisions.
Appointment of Common Adjudicating Authority
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Adjudication assignment: transfer of a customs show cause notice to the Commissioner of Customs (Export) for adjudication.
The Board, invoking powers under the Notification issued under sub section (1) of section 4 of the Customs Act, 1962, assigns Show Cause Notice No.DRI/MZU/E/34/2007 dated 1.10.2008 (M/s Shah Trading & Others) issued by the Additional Director General, DRI MZU Mumbai, to the Commissioner of Customs (Export), Chennai for adjudication.
Appointment of Common Adjudicating Authority
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Assignment of Adjudication: transfer of specified customs show cause notices to a different commissionerate for adjudication.
Under Notification No. 15/2002 Customs (N.T.) issued under sub section (1) of section 4 of the Customs Act, 1962, the Board assigns adjudication of Show Cause Notice No. S/IV/17/2009 OS Factory (Imp) and S/IV/17/2009 OS Factory (Seizures), both dated 25.5.2010 in the matter of M/s Hewlett Packard India Sales Pvt. Ltd. & Others, to the Commissioner of Customs, ACC (Import & General), New Custom House, New Delhi for adjudication.
Conditions and modalities for registration of contracts of cotton yarn with DGFT.
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Registration requirement for cotton yarn export contracts: registration with DGFT and payment proof enable permitted exports but non performance invites penal action.
Export of cotton yarn under specified ITC(HS) codes is allowed only after mandatory registration of export contracts with DGFT. Applicants must supply the export contract, an Indian bank authenticated irrevocable Letter of Credit or bank proof of advance remittance, a prescribed declaration, and IEC. On acceptance, a Registration Certificate is issued and the export must be completed within the certificate's validity. Non performance leads to debarment and initiation of penal action under the Foreign Trade (Development & Regulation) Act.

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