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Circulars
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Norms/AML Standards/Combating Financing of Terrorism/Obligation of Authorised Persons under PMLA, 2002, as amended by PML (Amendment) Act, 2009 – Cross Border Inward Remittance under MTSS
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Customer Due Diligence: full CDD and STR filing required for suspicious cross-border remittances under MTSS.
Authorised Persons under MTSS must conduct full-scale Customer Due Diligence and withhold payment where identity or documentation cannot be verified; they must file an STR when no longer satisfied about a customer's true identity. Transactions involving Politically Exposed Persons require senior-level approval and ongoing enhanced monitoring; Principal Officers must ensure overall compliance and Indian Agents are responsible for sub-agent adherence.
KYC Norms/AML Standards/Combating Financing of Terrorism/Obligation of Authorised Persons under PMLA, 2002, as amended by PML (Amendment) Act, 2009- Money Changing Activities
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KYC and AML requirements mandate enhanced due diligence and STR filing for suspicious money changing transactions and PEPs.
When an authorised money changer suspects money laundering or cannot apply low risk treatment, it must perform full scale customer due diligence prior to transactions; where CDD cannot be completed the authorised person must not transact, must terminate the business relationship if necessary, and must file a Suspicious Transaction Report with FIU IND. PEP transactions require senior level approval and enhanced ongoing monitoring, and the Principal Officer must ensure overall compliance. These obligations extend to agents/franchisees and are issued under foreign exchange and anti money laundering laws with penal consequences for non compliance.
Commencement of Computerized processing Shipping bill under Draw Back & other Schemes at ICD Waluj- reg.
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Computerized processing of Shipping Bills expanded to Drawback and Duty Exemption schemes at ICD Waluj; procedural requirements and bank specified.
Computerized processing at ICD Waluj is extended to Drawback and Duty Exemption Scheme Shipping Bills under ICES (Ver 1.5); parties must follow the filing and processing procedures set out in Public Notice No. 10/2009 as applicable to ICD Waluj, and exporters filing DBK Shipping Bills must meet additional requirements specified in that notice, with the authorised bank for payments designated as State Bank of India, Waluj Branch.
Regarding monitoring of revenue collection
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Revenue collection monitoring requires officers to ensure monthly and quarterly filers deposit due tax before month-end to prevent spillover.
The department directed Zonal Additional Commissioners and Zonal Joint Commissioners to instruct Ward VAT Officers to monitor all monthly and quarterly filers and ensure all due tax for the current month is deposited within the same month to avoid spillover past the month-end; strict compliance is required and the circular is issued with prior approval of the Commissioner (VAT).
Implementation of Indian Customs EDI System 1.5 (ICES 1.5) at Customs (Import and General) New Custom House, New Delhi under CBEC’s IT Consolidation Project regarding.
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Customs EDI migration centralises processing and mandates electronic filing, central registration and message format compliance.
Migration of Customs (Import & General) New Custom House to centrally hosted ICES 1.5 under CBEC's IT Consolidation Project moves processing from a local server to the National Data Centre via ICEGATE and CBEC's MPLS network, discontinues floppy submissions, requires PAN based CHA registration and adherence to prescribed EDI message formats, centralises document numbering, mandates electronic bank challan exchange, and imposes cut off and re entry rules for unsubmitted jobs during the migration window.
Simplified procedure for registration of 100% EOU/EHTP/STPs for clearance of import goods
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EOU unit registration process: streamlined documentation, expedited verification and inter-port recognition enabling duty-free import clearance.
EOU/EHTP/STP units must apply to the Dy./Asstt. Commissioner (100% EOU Section) at JNCH with PAN, LOP, Private Bonded Warehousing Licence, IEC, Green Card, bank attested signatures and photographs; CHA authorisations if applicable. The 100% EOU Section will seek authentication from the jurisdictional DC/AC by fax and registered post and shall issue a registration certificate within seven working days of receipt of a complete application. Registrations at one port suffice for duty-free clearance at others, subject to inter-port verification by fax/post or cross-checking of published registration data and EDI entry where permitted.
Rapid Alert Notification from the EU on Aflatoxin-Mandatory Sampling, Testing & Certification of Nutmeg and mace-reg.
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Aflatoxin testing requirement for nutmeg and mace: mandatory sampling, testing and certification for exports under spices board directive.
Export consignments of nutmeg, nutmeg products and mace must comply with aflatoxin limits through mandatory sampling, laboratory testing and certification before export clearance; the Spices Board has stipulated this pre-export compliance regime to be implemented from 01.01.2011, and exporters facing implementation difficulties should notify the Commissioner of Customs (Export).
Appoints Common Adjudicating Authority - in case of M/s. Kirat International, New Delhi & others
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Appointment of adjudicating authority: a DRI-issued show cause notice is assigned to the port import adjudicator for adjudication.
Under delegated authority from a statutory notification, the Board assigns a Show Cause Notice issued by a DRI zonal unit to the Import Commissioner at the specified port for adjudication, directing the receiving adjudicating office to proceed with adjudication and notifying both the investigative unit and the adjudicator for necessary action under the customs adjudication framework.
Proper verification of EARCs issued by Ministry of Textile for Export of cotton yarn-reg.
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Verification of export authorisations: Customs must obtain textile authority confirmation before clearing cotton yarn exports.
Customs must obtain a return fax from the concerned Textile authority confirming authenticity and validity of EARCs issued for cotton yarn before permitting export consignment clearance, in light of forged shipment proof documents used to extend export validity.
05/2010 - 22-11-2010 Companies Law
Reopening/revision of annual accounts after their adoption in the annual general meeting.
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Reopening of annual accounts allowed only on prescribed grounds; registrars must reject repeat filings not meeting those requirements.
Companies shall not lay more than one set of annual accounts for the same financial year unless the accounts have been reopened or revised after adoption on the specific grounds set out in the Ministry's circular; Registrars of Companies must monitor and reject repeat filings that do not comply with the statutory filing requirements and the Ministry's guidance on post-adoption revision.
04/2010 - 22-11-2010 Companies Law
Change in additional fee to be levied for delays in filing Forms
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Additional fee for delayed filing revised to tiered multipliers by delay period, applicable to forms other than Form 5.
The circular prescribes a tiered schedule of additional fee multipliers for delays in filing statutory forms other than Form 5: two times the normal fee up to 30 days, four times for 31-60 days, six times for 61-90 days, and nine times for delays beyond 90 days; the revised regime applies from 5 December 2010 and is to be implemented by Registrars of Companies and Regional Directors.
Appoints Common Adjudicating Authority - in case of M/s. SAP India Systems, Applications and Products in Data Processing Pvt. Ltd., Bangalore & others,
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Common Adjudicating Authority appointed for multiple customs show cause notices, transferring adjudication to a single export commissioner.
The Board, invoking powers under the customs notification issued under the Customs Act, assigns the show cause notices issued by the DRI Zonal Unit, Bangalore in respect of M/s. SAP India and other named parties to the Commissioner of Customs (Export), IGI Airport, New Delhi for adjudication, listing each notice by reference and date and directing administrative notification to the Commissioner, the DRI Addl. Director General and the departmental webmaster.
Minutes of the 43rd meeting of the SEZ Board of Approval held on 18th November 2010 to consider proposals for setting up of Special Economic Zones
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SEZ approvals conditioned on tax treatment, regulatory clearances, and developer compliance with contiguity and refund obligations.
The Board approved multiple SEZ formal and authorised-operation proposals and co-developer requests subject to development guidelines, regulatory clearances and DC due-diligence. Co-developer approvals uniformly carried the condition that lease terms shall not determine tax treatment and Assessing Officers may examine taxability under Income Tax law. Matters touching revenue, service tax refund/exemption and certain contiguity relaxations were deferred pending Department of Revenue or TRU inputs. Authorised operations and de-notifications were approved in specified quantums, with conditions to refund tax/duty benefits where applicable and to comply with environmental and FTP-based import restrictions.
Appoints Common Adjudicating Authority in case of Shri P.C. Jain, New Delhi & others
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Assignment of adjudication under Customs Act: Show Cause Notice reallocated to Commissioner of Customs Port Kolkata for adjudication.
The Board assigns a Show Cause Notice issued by the Additional Director General, DRI Zonal Unit, New Delhi in the matter concerning Shri P.C. Jain and others to the Commissioner of Customs (Port), Kolkata for adjudication, transferring adjudicatory responsibility and directing communication of the assignment to the Commissioner and the DRI unit.
Processing and Settlement of Export related receipts facilitated by Online Payment Gateways
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Repatriation of export receipts via online payment gateways permitted with due diligence, NOSTRO accounts, and prompt repatriation.
AD Category-I banks may repatriate export receipts facilitated by Online Payment Gateway Service Providers if they perform due diligence, limit the facility to low-value exports, open NOSTRO collection accounts into which all receipts are swept, permit only repatriation to exporters, payment of predetermined fees to OPGSPs, and charge-backs, repatriate balances to exporters promptly on importer confirmation within a short prescribed period, ensure appropriate purpose codes, report transactions to the central bank on request, and conduct quarterly reconciliation and audit; OPGSPs must open liaison offices and obtain prior approval as required.
Reporting Mechanism - Data of Authorised Dealer Category-I Branches
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Reporting obligation for authorised dealer banks requires electronic submission of branch categorisation data using RBIMOF and prescribed proformas.
AD Category I banks must notify the Reserve Bank of India of any changes in branch categorisation for foreign exchange dealings by preparing Proforma I or II using the RBIMOF Application package to ensure data compatibility, and e mailing a soft copy to the Department of Statistics and Information Management. The circular provides the download path for RBIMOF.exe on the Reserve Bank website and the procedure to access and save the Directory of AD Category branches from the DBIE portal.
Extend the Time Limit for furnishing of reconciliation return in Form DVAT 51, up to 31st December, 2010 for Ist, IInd, IIIrd and IVth quarter of the year 2009-10.
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Extension of DVAT 51 filing deadline and original declaration submissions for 2009-10 now due by 31 December 2010.
The Commissioner extends the time for furnishing the quarterly reconciliation return in Form DVAT 51 for all four quarters of 2009-10 until 31 December 2010, and similarly extends submission of the 'original' portion of Declaration Forms C, E I/E II, F, I, J and H relating to 2009-10 to 31 December 2010, by exercise of powers under the relevant Value Added Tax and Central Sales Tax rules.
Compliance of ISPM-15 for exports
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ISPM-15 compliance required: exports with wood packaging via land customs allowed only with treatment marking or phytosanitary certificate.
Exports using wood packaging material through land customs stations are allowed only if the packaging has been treated and marked per ISPM-15 or is accompanied by a phytosanitary certificate endorsing the treatment; this applies to plant and plant products and follows the amendment to the ITC (HS) Classification and the referenced DGFT notification.
Extend the Time Limit for Furnishing of Reconciliation Return In Form DVAT 51, up to 31st December, 2010 for Ist, IInd, IIIrd and IVth quarter of the year 2009-10.
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Extension of Time for Reconciliation Returns granted to year-end for 2009-10 quarters, including submission of original declaration forms.
The Commissioner extends the time for furnishing the reconciliation return in Form DVAT 51 for all four quarters of 2009 10 and likewise extends the deadline for submitting the 'original' portions of Declaration Forms C, E I, E II, F, I, J and H, as required under the Delhi Value Added Tax Rules, 2005 and specified provisions of the Central Sales Tax (Delhi) Rules, 2005 and the Central Sales Tax (Registration and Turnover) Rules, 1957, for declaration forms relating to 2009 10.
Clarification on Instruction No. 49 on FTWZ issues
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FTWZ storage rules now restrict warehousing to goods for zone development, unit setup, manufacturing, export or DTA sale.
Amendment limits activities of Free Trade Warehousing Zones (FTWZ) in sector specific SEZs so that units may store goods required for zone development, for setting up units, or for manufacturing and for export or Domestic Tariff Area sale of goods and finished products of units in that particular sector specific zone.

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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