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Circulars
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Control Measures introduced in the Examination/Appraisement Area at Air Cargo Complex, Bangalore-Reg.
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Access control for customs agents tightened: restricted entry to secured air cargo areas with mandatory identity and procedural checks.
Control measures bar CHAs and authorised agents from entering ACC secured areas and appraisement halls except when specifically summoned or when authorised signatories with valid identity/access cards enter against a custodian-issued Examination Slip. Designated waiting rooms, document-handling points, drop boxes, electronic kiosks and custodian responsibilities for producing cargo, confirming receipt after examination, and issuing gate passes are mandated. Officers will process bills on a first-come-first-served basis; breaches will attract regulatory action and vicarious liability while gate and custodian staff must prevent unauthorised access.
Clarification on applicability of Service Tax on overseas Trade Fairs/ Exhibition under 'Business Exhibition Services' – reg.
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Business exhibition services: overseas venue and installation are outside tax net; domestic stall rentals may not qualify as export.
Hiring premises abroad and arranging stall installation are services performed wholly outside India and thus not taxable under the Rules for services provided from outside India, while renting stalls to Indian exhibitors for an overseas exhibition is a service provided in India and does not qualify as an export of services because consideration is not received in convertible foreign currency; the clarification is limited to the period prior to the subsequent exemption notification for Business Exhibition Service.
Regarding filling of Bill of Entry in terms of Section 46 of the Customs Act, 1962
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Filing of Bill of Entry required even where imports are duty exempt under Notification for display/demonstration.
A Bill of Entry must be filed for imports of goods intended for display or demonstration even when those goods are exempt from customs duty under the applicable Notification; the duty exemption does not relieve importers of the statutory filing obligation and Customs formations must ensure the Bill of Entry is lodged.
Prohibition on export of onion – Clarification for (a) MEP and (b) Export of Bangalore Rose onions and Krishnapuram onions under export licence.
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Minimum Export Price requirement: onion exports permitted via State Trading Enterprises only under licence and MEP compliance.
Exports of onions were reclassified to permit restricted exports under licence and to allow exports through State Trading Enterprises, subject to an applicable Minimum Export Price. The MEP is to be calculated as the Free On Board (FOB) price per metric ton. Export licences issued during the intervening period for specified varieties remain valid for those exports.
Amendment to Serial No. 3(ii) of Policy Circular No. 20(RE-2010)/2009-14 dated 14.02.2011 regarding issuance of licences for Value Added Special Yarn/Technical Yarn.
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Export licence conditions: manufacturers must submit required documents and allow customs sampling and testing, with daily reporting.
Applications for export licences for Value Added Special Yarn and Technical Yarn by original manufacturers must include ANF 2D and copies of shipping bills evidencing exports in the two preceding fiscal years; customs will draw shipment samples for testing and forward reports to the Regional Authority to facilitate penal action under the FT(D&R) Act for any deviation or misdeclaration, licences must be completed within the prescribed timeline, and Regional Authorities must submit daily reports of licences issued to designated email addresses.
Customs-Data quality of information furnished by the importers and exporters for assessment purposes-reg.
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Data quality obligations for importers and exporters require full accurate declarations and standard units; workshops announced to ensure compliance
Importers, exporters and CHAs must provide full and correct information-including description, brand, model, grade, specification and prescribed standard unit of quantity-in Bills of Entry and Shipping Bills under the relevant regulations and Customs Act provisions. Workshops are scheduled to educate stakeholders; G card holders and data-entry personnel are asked to attend, seek clarifications from Additional Commissioners at specified venues, and report any difficulties to the Commissioner while following the data quality guidelines.
Regarding customs duty exemption benefit to BCCI
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Customs duty exemption limited: BCCI not eligible under federation-based notifications; separate World Cup notification governs event imports.
BCCI is ineligible for customs duty exemptions that depend on recognition as a National Sports Federation or Apex Body; this ineligibility applies also to persons certified by BCCI. Benefits under Notification No.3/89 do not apply where the Ministry lacks administrative concern with the event, so imports by BCCI for the ICC World Cup, 2011 cannot claim that notification. A separate, event-specific customs notification has been issued for World Cup imports, which may be assessed under its conditions.
Eligibility of tufted cotton bathmats/cotton tufted bathrugs covered under ITC (HS) Codes 5703 or 5705 for grant of duty credit scrip under VKGUY/FPS of FTP.
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Handmade classification for tufted cotton bathmats enables duty credit scrip eligibility under FPS and VKGUY upon self declaration.
Exports of tufted cotton bathmats/bathrugs under ITC (HS) Codes 5703 or 5705 are to be treated as hand-made where tufting and finishing involve manual operations using a table top tufting/sewing machine. If the shipping bill does not state 'Handmade', the exporter must furnish a prescribed self declaration confirming manual tufting and manual finishing processes. With that declaration, such shipments are eligible for duty credit scrip benefits under the Focus Product Scheme and earlier VKGUY at the applicable rates for the specified period.
Online Payment to the beneficiaries (firms) for their DBK/TED refund claims, by RAs of DGFT.
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Online payment for deemed export refunds mandates centralized bank-mediated disbursement with bank-wise beneficiary lists and required bank details.
Online payment of deemed export drawback and terminal excise duty refunds is to be implemented by RAs through collection of beneficiary bank particulars (bank name, account number and type, customer ID if any, IFSC, contact details and cancelled cheque). RAs will issue a single cheque to the Central Bank of India payable as "yourself" for the total approved claims and enclose bank-wise lists of beneficiaries with specified fields, then forward the information to DBK Cell for onward processing by the Principal Accounts Office.
03/2011 - 21-02-2011 Companies Law
Clarification in respect of Circular No. 2/2011 dated 8th February, 2011 regarding direction under Section 212(8) of the Companies Act, 1956.
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Applicability of Section 212(8) directions: circular effective for financial statements for years ending on or after the specified year end.
Clarification that Ministry Circular No. 2/2011 regarding directions under Section 212(8) of the Companies Act, 1956, applies to balance sheets and profit and loss accounts prepared for financial years ending on or after 31st March, 2011.
Order direction that all objections pertaining to a particular year shall be filed before on Objection Hearing Authority only
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Single-authority filing requirement: objections for a tax year must be lodged before the Objection Hearing Authority with highest pecuniary limit.
All objections by a dealer for a given assessment year must be filed before a single Objection Hearing Authority-the one with the higher or highest pecuniary limit for objections in that year; this requirement takes immediate effect, while objections already filed with different authorities remain where they were originally lodged.
Remedial measures to mitigate difficulties faced by service tax assessees in e-filing of Service tax returns
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E filing assistance: new ACES support includes helpdesk, facilitation centres, manuals and automated account recovery.
Operational support for ACES e filing comprises a national Service Desk with ticketing and escalation, email submission of XML files, ACES Certified Facilitation Centres providing digitization and authorised on behalf filing services, web based Learning Management Software and user manuals, jurisdictional Range Officers empowered to update credentials and regenerate TIPIN/password, and automated password recovery being implemented by the Directorate.
Customs Procedure for ICTT, Vallarpadam, Cochin Port
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Customs procedure for export containers: seal verification and checklist endorsement required before Let Export Order and loading allowed.
Containers sealed by authorised officers shall be moved directly to ICTT Vallarpadam; the Custom House Agent must present the Shipping Bill checklist with the examination report to the Preventive Officer, who will verify containers, endorse the checklist with 'seal intact', record permitted containers in a separate register and permit 'Allow Loading' at the ICTT gate. The endorsed checklist is then presented to the designated Appraiser/Superintendent at Ernakulam Wharf for the issuance of the Let Export Order subject to statutory compliance. Existing Trade Facility No. 4/2011 procedures continue and this arrangement is interim until permanent facilities are provided.
Notice of the clarification regarding exemption from filing of ER-4, ER-5 & ER-6 returns
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Exemption from ER-4/ER-5/ER-6 filing confirmed: exempt assessees need not comply with electronic filing despite lower e-filing threshold.
Assessees exempt from filing ER-4, ER-5 and ER-6 under the cited notifications are exempt where duty paid is below the higher exemption threshold including amounts paid by utilization of CENVAT credit; such exempt assessees are not required to file those returns electronically even if their duty paid including CENVAT utilization in the preceding year exceeds the lower electronic-filing threshold.
Amendments in the Reward/Incentive Schemes of Chapter 3 of FTP 2009-14:- Appendix 37A and Appendix 37D of Handbook of Procedure Vol. 1.
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Reward and incentive scheme amendments expand eligible export products and specify benefit linkages for exports after January first.
Amendments add specified ITC HS codes and product descriptions to Appendix 37A (VKGUY) and Appendix 37D (FPS) of the Handbook of Procedures Vol. I, expanding eligible commodities and specifying variant eligibility, Special FPS, Bonus and Market-Linked treatments; entitlements apply for exports made on or after 1 January 2011 under powers conferred by paragraph 2.4 of the Foreign Trade Policy.
Amendment in Paragraph 2.63 of Handbook of Procedures, Vol.I, 2009-2014(RE 2010) regarding issue of RCMC by Director, Handicrafts, Government of Jammu & Kashmir.
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Registration Cum Membership Certificate authorization allows state-level issuance for handicrafts and handloom exporters, easing local certification access.
Amendment authorizes issuance of Registration Cum Membership Certificate (RCMC) to exporters of handicrafts and handloom products from the State of Jammu & Kashmir by the State-level Director of Handicrafts, effected by adding Sub Para (viii) to Paragraph 2.63 of the Handbook of Procedures, Vol. I, 2009-2014 (RE 2010) under powers of Paragraph 2.4 of the Foreign Trade Policy, 2009-14. The change delegates issuance of this export compliance document to the designated state authority, enabling regional exporters to obtain RCMC locally.
Prohibition on export of onion – Exemption for export of Bangalore Rose onions and Krishnapuram onions.
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Export prohibition modified: specified onion varieties allowed only under licence with a minimum export price condition.
Two named onion varieties were reclassified from prohibition to the restricted category, permitting export only under licence and subject to a Minimum Export Price; exporters must apply to Regional Authorities using the prescribed application (ANF 2D), and Regional Authorities must send weekly reports of licences issued to designated email addresses.
Declaration relating to ozone depleting substance
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Ozone depleting substance declaration required only for chemical inputs in advance authorisation and DFIA applications.
The declaration requirement for advance authorisation and DFIA applications is confined to chemical inputs that may be ozone depleting substances; the declaration is mandatory only where inputs are chemical items to prevent import of ODS under those schemes.
Clarification regarding Liability of Service Tax under the category "Construction of Complex Services"
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Deemed construction service: builders liable for service tax unless full payment follows issuance of a competent completion certificate.
Construction of complex intended for sale is deemed a taxable service by the builder unless full consideration is paid after issuance of a competent authority completion certificate. The explanatory amendment effective from 1-7-2010 treats construction for sale as a service except where no sum is received from or on behalf of the buyer before grant of the completion certificate. Pre-effective-date services attracted no tax but any amounts collected as service tax for such services must be deposited; payments made before the effective date are exempt subject to documentary evidence. "Authority competent" includes registered architects, chartered engineers and licensed surveyors authorised to issue completion certificates.
Master Circular on Micro Credit
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Micro credit: banks must mainstream SHG lending as priority sector with simplified procedures and discretionary interest rates.
The circular requires banks to treat the SHG-Bank Linkage Programme as a normal business activity and to report lending under a separate Advances to SHGs segment as part of priority sector lending, while permitting operational flexibilities on margin, security, documentation and savings linked loan ratios; banks must provide simplified procedures, delegate sanctioning powers to branches, train staff, monitor and review SHG lending with half yearly reports to NABARD and SLBC/DCC oversight.

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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