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Clarification regarding excisability of Bagasse prior to the budget of 2008
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Excisability of bagasse: pre-2008 cases to be decided per apex ruling; post-2008 amendment remains unaffected.
Cases concerning the excisability of bagasse for periods prior to the 2008 budgetary changes are to be removed from the call book and decided in accordance with the law as laid down by the apex authority following dismissal of the department's appeal; the apex decision does not affect the post 2008 position where the definition of excisable goods was amended, and earlier clarifications regarding the post 2008 period remain operative.
Exim Bank's Line of Credit of USD 416.39 million to the Government of the Democratic Socialist Republic of Sri Lanka
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Line of Credit to Sri Lanka conditions financing on India sourcing, shipment reporting and prescribed disbursement timelines.
A concessional Line of Credit of USD 416.39 million to Sri Lanka funds specified railway track-laying projects and related goods, services and consultancy, requiring at least 85% of contract value to be sourced from India and permitting up to 15% non-consultancy imports. The Credit Agreement, effective January 24, 2011, sets Letter of Credit and disbursement timelines, mandates GR/SDF shipment reporting, disallows agency commission under the LOC (while permitting exporter-funded commission subject to remittance rules), and instructs Authorised Dealer Category-I banks to notify exporters and ensure compliance under FEMA powers.
Exim Bank's Line of Credit of USD 1 billion to the Government of the People's Republic of Bangladesh
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Line of Credit for bilateral financing permits primarily India-origin supplies and sets export eligibility and disbursement timelines under foreign exchange rules.
A central bank circular notifies an Exim Bank Line of Credit to finance eligible goods, project exports and consultancy services from India, requiring at least 85% of contract value to be supplied from India and permitting up to 15% of non-consultancy goods from abroad. The Credit Agreement is effective from February 1, 2011 and prescribes separate timelines for opening Letters of Credit and disbursement. Shipments must be declared on GR/SDF forms; no agency commission is payable under the LOC though exporters may use own resources or EEFC balances for commission subject to AD Category-I bank approval after realisation.
Amendment in Appendix – 30 A relating to Export Obligation Period under Advance Authorization/DFIA Schemes.
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Export obligation period now begins from each import consignment's customs clearance, with specified periods for listed inputs.
Amendment requires that the Export Obligation Period under Advance Authorization/DFIA schemes be counted from the date of clearance of each import consignment by Customs. Appendix 30A lists six input categories and prescribes their respective EOPs while preserving the existing item descriptions; the Column 3 heading has been revised to reflect the customs clearance commencement rule and a transitional EOP applies for certain earlier imports.
Amendment in paragraph 4.24A related to Advance Authorisation for Annual Requirement in HBP v1.
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Advance authorisation flexibility: exporters may endorse input specifications at clearance and obtain multiple authorisations per port.
Amendment to paragraph 4.24A permits exporters to record technical characteristics, quality and specifications of inputs at import clearance-to be endorsed in the Bill of Entry or invoice and attested by Customs-avoiding the need to return to the Regional Authority for authorisation amendments; it also increases the allowable number of Advance Authorisations per port for the same product group from one to up to five within eligible entitlement.
Incorporation of a new provision as paragraph 4.7A in the HBP. v1 to allow access to duty free inputs based on actuals, for pharmaceutical products manufactured through Non-Infringing process- regarding.
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Advance authorisation for non infringing pharma exports: duty free inputs allowed based on certified actuals and market approval.
A new provision authorises issuance of Advance Authorisation for pharmaceutical products made via a Non Infringing (NI) process, permitting access to duty free inputs based on actuals certified by a Chartered Engineer (Chemical) against ANDA/DMF and approved by the destination market. Applications are to be filed on ANF 4J with Appendix 32C and Appendix 23A documentation; RA verifies the engineer's certificate and Appendix 23A certified by Central Excise and issues authorisation without NC referral. Redemption requires RA comparison of certified consumption with authorised inputs; shortfalls attract customs duty with interest or additional exports, subject to preservation of verified records.
Restriction on export of Cotton yarn- Exemption from the quantity ceiling of 720 million Kg for export of (i) cotton yarn manufactured out of imported raw cotton (ii) cotton yarn by 100% EOUs and (iii) Value Added Special Yarn and Technical Yarn upto 31.03.2011
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Export exemption for cotton yarn allowing licences for yarn from imported cotton, value added/technical yarn and fully export oriented units
The government exempted three categories of cotton yarn exports from the 720 million Kg ceiling for 2010-11: yarn manufactured exclusively from imported raw cotton (with Central Excise certification), Value Added Special/Technical Yarn by original manufacturers (with Export Promotion Council certification and prior export proof), and exports by 100% Export Oriented Units. Manufacturers must apply to the concerned Regional Authority on ANF 2D with prescribed supporting documents; licences must be executed by 31.03.2011, and Regional Authorities must send weekly licence reports to designated email addresses.
Guidelines for availment of input combination for pharmaceutical products manufactured through Non Infringing (NI) process.
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Input combination allowances for non infringing pharmaceutical manufacturing permit country and exporter specific higher input wastage subject to prescribed documentation.
The policy permits exporters manufacturing pharmaceuticals via a Non Infringing process to obtain input combinations and higher input allowances than SION or adhoc norms, subject to prescribed conditions and documentary verification. Implementation requires Notification/Public Notice changes, use of ANF 4J, a Chartered Engineer certificate (Appendix 32C), a new Appendix 23A format and a Central Excise certificate for actual consumption; approvals are country specific and exporter specific.
Fresh guidelines for conversion of various categories of Shipping Bills
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Conversion of Shipping Bills: Commissioner may permit scheme-to-scheme conversion subject to documentary eligibility and conditions.
Guidelines permit conversion of Shipping Bills between export promotion schemes where documentary evidence at export time shows eligibility, with the Commissioner exercising discretion under Section 149 and subject to conditions: timely request, proof of input use, examination endorsements confirming export and coverage under relevant schedules, fulfilment of scheme conditions, and no prior benefit or fraud. Free Shipping Bills cannot be converted to scheme Shipping Bills, though All Industry Rate drawback may be allowed without conversion; dual benefits are prohibited.
Deferred Payment Protocols dated April 30, 1981 and December 23, 1985 between Government of India and erstwhile USSR
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Special currency basket valuation revised; authorised dealer banks must apply updated rupee value under FEMA directions.
The Reserve Bank notified a revision of the Rupee value of the special currency basket used for settlement under the Deferred Payment Protocols and directed Authorised Dealer Category I banks to adopt the revised rupee valuation and notify their constituents; the directions are issued under FEMA and do not affect permissions required under other laws.
Amendment/modification of SION Nos. H-206 and A-1687.
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SION amendment permits alternate input materials and revised input norms for polyester chips and automotive rubber/plastic components.
Amendment of SION No. H-206 allows Antimony Trioxide or Antimony Triacetate as Import Item No. 6 and permits substitution between Isophthalic Acid and Purified Terephthalic Acid within a capped aggregate quantity, with quantity adjustments between those inputs; Diethylene Glycol may be increased under a specified incremental mechanism with corresponding adjustments to Purified Terephthalic Acid and Ethylene Glycol/Monoethylene Glycol. Amendment of SION No. A-1687 revises the export product description and input norms to permit Mild Steel OR Relevant Plastic Parts as inputs and specifies permitted rubber grades and input ratios for rubber compounds.
Export of Onion in cut, sliced or broken in powder form.
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Export of processed onions: cut, sliced or powdered forms exempt from export prohibition, whole onions remain restricted.
Onions in cut, sliced or broken in powder form are excluded from the export prohibition and may be exported freely; whole onions, whether dehydrated or not, remain subject to the Notification's export restriction. Exporters and customs officials must apply the item description and classification note to distinguish covered whole/onion forms from the permitted processed presentations.
Export of Onion in cut, sliced or broken in powder form.
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Export of cut, sliced or powdered onions permitted while whole onions remain prohibited under current export restriction.
Notification No. 13 prohibits export of onions described as fresh, chilled, frozen, provisionally prepared or dried, while excluding onions that are cut, sliced or broken in powder form. Under the ITC(HS) classification note incorporated by the Notification, onions in cut, sliced or powdered form may be exported freely; onions in whole form, dehydrated or not, remain subject to the export prohibition.
Date of filling of ITR-V extended to 31st July, 2011.
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Extension of ITR-V filing: deadline extended to 31 July 2011; post ITR-V to CPC Bangalore by that date.
The Central Board of Direct Taxes, under Section 119(2)(b), extends the filing period for ITR-V forms for electronically filed returns without digital signature to 31 July 2011 or within 120 days from the date of uploading, whichever is later, and directs that ITR-Vs be sent by ordinary post or Speed Post to the Centralised Processing Centre, Bangalore.
Allocation of cotton yarn export not being made today.
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Allocation of cotton yarn exports deferred; only applicants with prior export experience will be considered, confirmation required.
Allocation of cotton yarn export quantities will not be made today due to a very small residual balance. Only applicants with export performance in 2009-10 will be considered; such applicants must send a confirmatory e-mail to the DGFT address by the stated deadline or their earlier submission will stand. Applicants awarded allocation must submit proof of their 2009-10 exports to the Regional Authorities when applying for export licences, along with other required documents. Allocation will be completed promptly after confirmations are received.
Procedure for Registration and Monitoring of DEEC / Advance Authorisation Scheme Reg.
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EODC verification requirement: Customs will require original EODCs and supporting export documents for verification and redemption.
The DEEC Monitoring Cell, formed by merging DEEC Verification and DEEC Monitoring functions, will verify shipping bills and cancel/redempt Bonds/BGs/LUTs. Original EODCs with export details must be submitted and sequentially registered; EODCs requiring Customs verification will be checked per procedure, while others are accepted unless misuse or random selection arises. Annexure A lists documentary requirements by export mode; Customs may demand additional documents and will publicise monthly lists of verified and accepted cases.
Customs procedure for ICTT, Vallarpadom, Cochin Port.
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Customs procedure for container transshipment sets filing, boarding, movement and seal verification rules at the ICTT terminal.
Customs procedures for ICTT, Vallarpadom require carriers/agents to register and file IGMs/EGMs at Custom House before vessel arrival; vessels are boarded and remain under Preventive control with authorised officers conducting inspections. Containers for DTA must be moved to a CFS with CFS Movement Approval and gate verification; broken seals trigger Customs survey and carrier liability for shortages. International transshipment of FCL/LCL is permitted under segregation, supervision and documentation within thirty days, subject to prohibitions and applicable customs procedures. Movement, sealing, Let Export and Allow Loading follow adapted existing practices, with records and monthly reporting maintained by Custodian and Customs.
Regarding Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010
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Suspension inquiry deadline: inquiry under Regulation 13(1) must be completed within three months from suspension order.
Suspension of authorised courier registration under the Regulations is subject to an inquiry; such inquiry required by the proviso to the suspension provision must be completed within three months from the date of the order of suspension. Instructions to this effect are to be communicated via standing orders and any implementation difficulties reported to the Board.
Arbitration mechanism of stock exchanges - Applicability of the provisions of the Limitation Act, 1963
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Limitation period for arbitration extended to a three-year rule; eligible pending or previously time-barred claims may now proceed.
Limitation for stock exchange arbitration is governed by the Limitation Act, 1963 modified to a three-year period and applies where three years have not elapsed and either no arbitration was filed or earlier-filed arbitration was rejected solely for delay under the prior six-month bar; fees for new cases follow SEBI circulars of August 2010, and fees already paid in rejected cases will be deducted from the recomputed fees with the balance borne by parties; exchanges must publicise, amend rules/bye-laws, notify eligible applicants, report implementation to SEBI, and submit to SEBI inspection.
Revision of monetary limit of appeals by the Department before Income Tax Appellate Tribunal, High Courts and Supreme Court - measures for reducing litigation - Reg -
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Monetary limits for departmental appeals restrict filing to cases where tax effect exceeds prescribed thresholds, with specified exceptions.
Appeals in income tax matters are to be filed on merit only where the tax effect of disputed issues exceeds prescribed monetary limits; "tax effect" means the difference in tax on total income with and without disputed issues (excluding interest unless interest chargeability is disputed) and includes notional tax on converted losses and penalty reductions. The tax effect must be calculated separately for each assessment year and appeals may be filed only for years where that effect exceeds the limit, subject to special rules for composite orders, required recording where appeals are not filed due to low tax effect, and exceptions for constitutional questions, ultra vires findings, and accepted Revenue Audit objections.

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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