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Modification of ANF5A, ANF5B, Appendix 26 and Appendix 26A in Handbook of Procedures Vol.1 (RE:2010)
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EPCG authorisation requirements updated: revised application, documentary and professional certification obligations for imports and export obligation discharge.
The modification updates ANF 5A, ANF 5B, Appendix 26 and Appendix 26A for issuance and redemption of EPCG/Annual EPCG Authorisations, detailing required applicant data, sector and capital goods classification, duty saved calculation, export obligation multiples and periods, documentary enclosures (RCMC/IEM/SSI, Chartered Engineer certificate, CA certified export statements, previous authorisations), procedural steps for restricted imports and EOU/SEZ cases, and mandatory CA/CWA/CS certifications that verify export records, realization and non duplication of export claims, together with professional attestation obligations and liability for false statements.
Amendment in ANF8 Appendix 14-I-G and deletion of Appendix 14-II
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Joint monitoring of EOU units mandates semiannual performance reviews and requires suppliers' disclaimer for deemed export benefits.
Amendment requires six-monthly performance reviews of Export Oriented Units by the Unit Approval Committee using prescribed QPR/APR formats, review of non-fulfilment of export obligations, separate reviews for units under implementation, publicity and local promotion of meetings, preparation of unit-wise action plans to address poor performance, referral of infrastructure gaps for projects under ASIDE, and preparation of reports by Development Commissioners for the Department of Commerce and CBEC recommending corrective measures. Appendix 14-II is deleted and ANF 8 now includes a prescribed Disclaimer Certificate for deemed export benefits to be furnished by suppliers.
Amendment of ANF 4A and Appendix 11A, related to Advance Authorisation Scheme
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Advance Authorisation Scheme: removal of Chartered Engineer certificate and introduction of a revised self declaration data sheet.
The Public Notice amends ANF 4A by deleting the Chartered Engineer certificate requirement for paragraph 4.7 cases and replaces Appendix 11A with a revised data sheet for advance authorisation applications on self declaration, mandating itemised imported and indigenous input details, wastage, technical descriptions, certified production and consumption data, prior authorisation particulars, and export value and entitlement disclosures.
Amendments in the Reward/Incentive Schemes of Chapter 3 of FTP 2009-14- Appendix 37A, Appendix 37D of Handbook of Procedure Vol. 1
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Amendments to export incentive schemes expand and refine eligible products and market-linked focus benefits for exporters.
Amendments modify eligible items and descriptions under the VKGUY Scheme (Appendix 37A) and expand the Focus Product Scheme (Appendix 37D), adding and deleting product entries across specified tables, rewording certain product descriptions to clarify coverage, introducing new focus products and market-linked focus product entries, and adding Towns of Export Excellence; the changes take effect for exports from the stated admissible dates in the public notice.
Handbook of Procedures (Volume 1) incorporating Annual Supplement as updated on 23rd August, 2010
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Notification of Handbook of Procedures: updated procedural handbook under the Foreign Trade Policy takes effect and governs trade procedures.
Notification under Para 2.4 of the Foreign Trade Policy, 2009-14 publishes the Handbook of Procedures (Volume 1) incorporating Annual Supplement as updated on 23rd August, 2010, exercising delegated administrative power to notify the procedural handbook for export-import regulation and declaring it to take effect from 23rd August, 2010.
Efficient Mineral Administration - Regarding.
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Efficient Mineral Administration: central departments to use state nominated nodal officers for inter departmental mineral data sharing.
Instruction providing an annexed list of state-nominated nodal officers from Gujarat, Goa, Jharkhand, Karnataka, Maharashtra, Orissa and Rajasthan, with designations and contact details, to facilitate data sharing on mineral matters between State mining authorities and designated Central ministries and the Department of Revenue (Customs) for implementation of efficient mineral administration.
Data quality of information furnished by the importers and exporters for assessment purposes
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Data quality obligations require importers and exporters to furnish complete accurate goods information; noncompliance may trigger penalties.
Importers, exporters and CHAs must declare complete and accurate information-description, brand, model, grade, specification, unit of quantity in standard units, weight and country of origin-in bills of entry or shipping bills. Appraising and dock/assessment sections shall verify all fields and return documents lacking required details; repeated noncompliance may lead to penal action, including suspension of CHA licence. Stakeholder education sessions and ICD/Mulund contact points are provided for assistance.
Extension of ACP Programme to Export Houses / Trading Houses - Regarding
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Accredited Clients Programme extension to FTP status holders expands eligibility and defines disqualifying customs and tax infringements.
Extension of the Accredited Clients Programme admits Foreign Trade Policy status holders as an alternate eligibility category subject to existing ACP criteria; it narrows disqualifying cases to specified Customs, Central Excise and Service Tax misconducts in the prior three financial years and empowers Chief Commissioners to report such cases to the Risk Management Division for exclusion even without issuance of a show cause notice, while requiring an application-form amendment to record FTP status.
Review of norms for investment and disclosure by Mutual Funds in derivatives
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Derivative exposure limits set for mutual funds, ban on writing options, and uniform disclosure format mandated.
SEBI prescribes prudential limits on mutual fund derivative activity by capping cumulative gross exposure of a scheme through equity, debt and derivatives at the scheme's net assets, prohibiting writing of options and instruments with embedded written options, and limiting exposure from option premiums. Hedging positions may be excluded from limits only when they demonstrably reduce loss on an existing securities position, use the same underlying, and do not exceed the existing position; excess hedging is counted as exposure. Interest rate swaps for hedging and a standardized exposure computation and disclosure regime are mandated.
Transferability of Mutual Fund units
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Transferability of mutual fund units affirmed; AMCs must addend demat holdings as freely transferable, ELSS lock in unchanged.
Asset management companies must issue an addendum by October 1, 2010 clarifying that mutual fund units held in demat form are freely transferable from the addendum's effective date, while transfers of units of equity linked savings schemes remain subject to existing lock in restrictions.
Processing of returns of A.Y. 2009-10 - steps to clear backlog - regarding
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TDS credit acceptance streamlines return processing by allowing limited matching claims to be accepted at processing stage.
Instruction sets automated acceptance criteria for TDS claims while processing returns for A.Y. 2009-10: for ITR-1 and ITR-2, TDS claims below specified aggregate and refund thresholds will be accepted at processing if As-26 shows a positive TDS payment; for other return forms, acceptance at processing requires similar thresholds plus at least ten percent matching of claimed TDS. Remaining cases require TDS credit only after due verification.
Consolidated guidelines /instructions issued on the staff management of Government and Private Special Economic Zone
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Manpower structure in SEZs sets sanctioned posts, deputation appointments and cost-recovery obligations for private SEZ staffing.
Manpower structure prescribes sanctioned posts for Sector Specific and Multi Product SEZs, establishes that posts in private SEZs are on a cost recovery basis, allows officers to serve multiple proximate SEZs with apportionment of cost, mandates deputation-based initial appointments for specified posts with detailed eligibility criteria, requires Zonal Development Commissioners to prepare recruitment plans and convene Selection Committees, authorises specified re-designation and downgrading of posts subject to incumbents' continuity, and permits a one-time adjustment of sanctioned ADC strength to regularise excess promotions against deputation quota under DOPT conditions.
Valuation of Goods cleared in DTA by EOU's
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Valuation of EOU DTA clearances must follow Customs Valuation Rules, applying Rules 3 to 9 sequentially to determine transaction value.
Valuation of goods cleared from an Export Oriented Unit for sale in the Domestic Tariff Area must be determined under the Customs Valuation framework by sequential application of the Customs Valuation Rules to fix the transaction value when the sale occurs after clearance; earlier guidance on the subject is withdrawn and field formations must follow the Customs Valuation Rules.
Declaration of vague description in filing bill of entry relating to Alloys of Steel -regarding
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Goods description accuracy: mandatory composition disclosure for alloy and steel imports to ensure proper classification and valuation.
Importers and Customs House Agents must furnish detailed composition and specific descriptions for imported alloy and steel products (including rolled products, pipes, rod bars, alloy segments, welding wires and rods, saw blades, and steels other than mild and plain carbon steel); vague or incomplete descriptions will be returned for correction and repeated failures may attract penal action including suspension of CHA licence.
Service tax on commercial training and coaching service
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Consideration nexus: donations to charities for free training are not service taxable absent linkage to trainees.
Donations and grants in aid given generally to a charitable foundation for free livelihood training lack the requisite nexus to be treated as consideration for commercial training or coaching service. As such, where payments are not made for a specific trainee or specific training activity but support the foundation's charitable purpose, they do not qualify as taxable consideration and service tax is not leviable; field formations should issue appropriate notices.
Clean Energy Cess - Interim Accounting Code
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Clean Energy Cess interim accounting code assigned; deposits to be booked under temporary excise head pending new account.
Clean Energy Cess is to be provisionally accounted under the Sub Head "Receipt Awaiting Transfer to the other Minor Head etc" within Major Head 0038 Union Excise Duty using reduced accounting code 00380086 (U.E.D.), pending opening of a dedicated Head of Account by the Controller General of Accounts; Pay & Accounts Officers must keep separate records for subsequent transfer to the new Head.
Import of goods under Notification No.13/2010-Customs dated 19.2.2010 for Commonwealth Games, 2010 - regarding
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Customs exemption procedure for Commonwealth Games imports permits importer amendment with undertaking to secure duty free clearance and compliance.
Board permits substitution of importer to OC CWG or Prasar Bharti by Customs NOC and carrier amendment to IGM/Bill of Lading, with invoice endorsement, filing or amendment of Bill of Entry in the new importer's name, and mandatory undertakings on stamp paper committing to the exemption conditions and payment of duty if obligations (consumption, re export or handover) are not met; Customs to expedite clearance and issue public guidance.
Refund of 4% CVD (SAD) in terms of Notification No.102/2007-Customs dated 14.9.2007 by re-crediting the DEPB scrip / reward scheme scrips - regarding
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Re-credit of duty credit scrips allowed manually to enable CVD refund and manual bill of entry processing
Registration of re-credited DGFT duty credit scrips for refund of CVD shall be allowed on a manual basis where EDI cannot record such re-credits; manually filed Bills of Entry may utilize re-credited balances. Commissioners must issue consolidated certificates showing total sanctioned refunds to enable DGFT re-crediting. Manual processing is permitted only where the duty payable does not exceed the re-credited scrip balance, re-credits must be used for BCD and CVD only, and measures must be taken to prevent misuse; administrative notices and reporting to the Board are required.
20/2010 - 13-08-2010 Central Excise
Clean Energy Cess - Interim Accounting Code
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Clean Energy Cess accounting: interim booking under Union Excise Duty pending creation of a permanent head of account.
Collections of the Clean Energy Cess must be provisionally accounted under Major Head 0038 - Union Excise Duty in the Sub Head/Minor head for Receipt Awaiting Transfer, using the specified reduced accounting code for interim deposits. Pay & Accounts Officers should maintain separate records of these provisional bookings so the amounts can be transferred to the permanent Head of Account once opened by the Controller General of Accounts.
Computerized Processing of Bills of Entry under the Indian Customs EDI System - Imports (ICES –I) at ICD Maliwada
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Computerized processing of Bills of Entry at ICD Maliwada mandates electronic filing, registration and automated assessment workflows.
Computerised processing of Bills of Entry at ICD Maliwada requires electronic filing and pre registration (IE Code, CHA, shipping/agents, licences and ICEGATE), strict data capture per Annexure C, and adherence to code lists and bank certified exchange rates. ICES automatically validates declarations, applies exchange rates, assigns B/Es to Appraising Groups, computes duty using tariff and notification directories, supports System/First/Second check appraisement, concurrent audit, and generates assessed B/E and TR 6 challans for payment and goods examination. Licence, DEPB and Bond registration and debit/credit rules are mandatory for claiming exemptions and for goods release.

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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