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Circulars
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Requirement to provide electronically maintained Records in non‐proprietary of Public format and readable by IDEA Software under Rule 22(3) of Central Excise Rules, 2002 for CAAP Audit ‐Reg
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Electronic records accessibility: officers may demand electronically readable records for CAAP audit under Rule 22(3) access provisions.
Assessees must maintain and, on demand under Rule 22(3), produce electronic records in a non proprietary, publicly readable format compatible with IDEA software for CAAP audits; these include electronic and hard copy documents, authenticated electronic media, audit trails, procedural documentation and source document inter linkages, with preservation and backup for five years and monthly printouts retained by record type.
Reporting of OTC transactions in Certificates of Deposit (CDs) and Commercial Papers (CPs).
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OTC transaction reporting for Certificates of Deposit and Commercial Paper: reports to FIMMDA within fifteen minutes for market dissemination.
SEBI requires all regulated intermediaries to report OTC transactions in Certificates of Deposit and Commercial Paper to the FIMMDA reporting platform promptly after trade execution; FIMMDA will issue operational guidelines to implement the reporting process and the circular is issued under SEBI's investor-protection and market-regulation powers.
Options on USD-INR Spot Rate
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Options on USD INR spot rate permitted with cash settlement, specified contract design and real time margin framework.
Permit introduction of options on USD INR spot rate with product specifications: premium styled European calls and puts, rupee quoted premiums with USD underlying positions, cash settlement in rupees against the Reserve Bank Reference Rate, serial monthly and quarterly contracts, contract size of US$1000, defined trading hours, strike availability, expiry and automatic exercise rules, T+1 premium settlement, and a risk framework requiring Initial Margin based on worst scenario portfolio loss (using specified price and volatility scenario ranges and standard option pricing models) plus an Extreme Loss Margin.
Implementation of Indian Customs EDI System 1.5 (ICES 1.5) at CH, Kandla -regarding.
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Centralized ICES 1.5 migration centralizes document numbering and mandates electronic challan confirmation, altering filing procedures.
Centralized implementation of ICES 1.5 at Custom House Kandla migrates EDI operations to a national Data Centre, nationalizes document numbering, mandates electronic exchange and confirmation of duty payment challans with the designated bank, and requires submission of all pending Service Centre and shipping agent entries before migration. Service Centres remain under existing management and charges, certain customs outputs will be issued by designated officers post migration, PAN based CHA registration is required for exports, temp scroll generation is mandatory for DBK, and DEPB licences will be debited from a centrally maintained ledger across ICES 1.5 locations.
Services provided by state governments under Centrally Sponsored Schemes (CSS) -- regarding
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Grant funding not consideration for taxable service; service tax cannot be imposed on state agencies implementing central schemes.
The Circular states that central grants released under Centrally Sponsored Schemes to State governments for implementation are not consideration for taxable services; the administrative obligation of States to implement CSS does not make them service providers nor the Central government a service receiver, and levy or collection of service tax on State departments/agencies in such cases is not legally tenable.
Guidelines on trading of Currency Options on Recognised Stock / New Exchanges
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Exchange traded currency options permitted for residents to hedge US Dollar Rupee spot exposure under RBI directions.
Permission is granted to introduce exchange traded currency options on the USD INR spot rate on recognized stock exchanges, limited to standardized premium styled European options with cash settlement in Indian Rupees and maturities up to twelve months, governed by the Reserve Bank's Exchange Traded Currency Options Directions and related amendments to the Foreign Exchange Derivative Regulations.
Data quality in Electronic Accounting System in Central Excise and Service Tax (EASIEST) - Assessee Code mandatory for Excise and Service Tax payments
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Assessee code mandatory in EASIEST - payments accepted only with valid codes; banks must verify and update directory.
Assessee code must be present and validated for EASIEST excise and service tax payments; banks must download the daily assessee code directory and use the online verification tool. If the code is in the directory or web service, accept the challan and digitize the location code as displayed; if absent from both, direct the assessee to seek correction from the tax authority. From September 1, 2010, central system uploads will be accepted only with a valid assessee code.
Mandatory requirement of Permanent Account Number (PAN)
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PAN requirement: demat accounts non-compliant with PAN will be suspended for credits, barring automatic corporate actions.
SEBI requires PAN verification for demat accounts and directs that PAN-noncompliant accounts, previously suspended for debit, will also be suspended for credit except for credits from automatic corporate actions; credits from public offers, rights issues, off-market transfers, and secondary market transactions are prohibited. Depositories must amend bye-laws, notify DPs and Beneficial Owners, and disseminate the rule on their websites to enforce KYC compliance.
It is brought to the notice of all Importers, Exporters, CHA and other concerned that the procedures for online movement of documents had been prescribed vide public
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Document submission and verification procedures require certified copies at filing and restrict routine demand for originals.
Mandatory procedures require authorized representatives to present identity and authorization and for Importers/CHAs to submit certified copies of documents at filing. CMC records and routes dockets to docks or assessment groups; assessments use online data and certified-copy dockets without routinely calling for originals, with any doubts recorded in Examination Instructions. Post-assessment docks verify originals and feed online reports; license debits occur online where available or manually otherwise. Sections must promptly pass dockets and avoid unnecessary queries to ensure timely clearance.
Refund of 4% Additional Duty of Customs (4% CVD) in pursuance of Notification No.102/2007-Customs dated 14.9.2007 - Disposal of claims in respect of cases where assessments are provisional - reg.
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Refund of additional customs duty: deadline runs from date of payment, not from provisional assessment finalization.
The one-year refund limitation for additional customs duty runs from the date of payment of duty at import clearance, not from finalization of provisional assessment; pending claims must be disposed of without awaiting assessment finalization and field formations should issue Public Notices and Standing Orders to guide trade and staff.
Implementation of Indian Customs EDI System 1.5 (ICES 1.5) at CH, Mundra -regarding
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Customs EDI migration centralises document processing and mandates pre cutover submissions to avoid re entry after migration.
Migration of local ICES operations at Custom House, Mundra to centrally hosted ICES 1.5 requires completion of all Service Centre submissions and cash manager queues before cut over; document numbers will be assigned centrally and not remain locally sequential; duty payment challans will be exchanged electronically with the designated bank; DEPB licences will be held in a common central ledger for automatic online debits at ICES 1.5 locations, while TRAs will be issued and registered for non EDI or legacy locations.
Additional mode of payment through Applications Supported by Blocked Amount (hereinafter referred to as “ASBA”) in Mutual Funds
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ASBA facility requirement: mutual funds must offer ASBA for all new fund offers from the revised effective date.
Mutual funds must provide Applications Supported by Blocked Amount (ASBA) as an additional payment mode for New Fund Offers, with the mandatory implementation date revised to a later effective date; the circular imposes a compliance obligation on Mutual Funds and Asset Management Companies to offer ASBA for NFO subscriptions under the regulator's statutory powers to protect investors and regulate the securities market.
Procedure regarding Carting of Export goods - marking of packages reg.
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Package marking requirement mandates durable stencil numbering; unmarked exports barred from examination and shipping bill registration.
Export consignments must be durably stencil marked and serially numbered to show the total packages covered by the shipping bill; carting permission, an exporter-signed checklist, and custodian endorsement of quantities are required for entry to the export shed. Customs will register shipping bills and permit examination only after the full consignment is received with proper marking and numbering, and unmarked packages will not be examined. Non-compliance by exporters, CHAs or CFSs will lead to appropriate legal action.
Amendments/ additions/deletions/corrections in the Handbook of Procedures, Vol.2, and 2009-2014
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Standard Input Output Norms amendment updates input and packaging specifications for glass containers under SION.
Amendment to the Handbook of Procedures (Vol.2) revises the Standard Input Output Norms (SION) for chemical and allied products by updating input composition and packaging specifications for glass containers under SION A3627, replacing existing import-item entries with a detailed per-kilogram breakdown of glass formers, intermediates, modifiers, special additives, and specified packaging materials, and including a proviso limiting borax/boric acid to a stated maximum per kilogram.
Amendments/additions/deletions/corrections in the Handbook of Procedures, Vol.2, and 2009-2014.
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Specification flexibility allows exports under specified SION entries to meet foreign buyer purchase order specs instead of Chapter 27 standards.
An amendment to the Handbook of Procedures, Vol. II appends Note 2 to SION entries A-2687, A-2688, A-2689, A-2690 and A-3625 clarifying that specifications in Chapter 27 of the ITC (HS) Classification need not apply to exports under those SIONs provided the exported products meet the specifications specified by the foreign buyer in the purchase order.
Import of 'Old and Worn Clothing' - instructions - regarding
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Import restriction on old and worn clothing requires stronger fines and mandatory fumigation before customs clearance.
Import of old and worn clothing is restricted under ITC(HS); adjudicating officers must impose fines and penalties that reflect the margin of profit on unauthorized imports rather than nominal penalties, and consignments will be cleared only after proper fumigation at the importer's expense, with field formations required to ensure strict compliance and issue public notices.
Classification of Aseptic Packaging Paper - reg
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Aseptic packaging paper classification: coated or plastic-covered papers fall under paper coated with plastics heading, altering applicable subheadings.
Coated, impregnated or plastic-covered aseptic packaging papers are not covered by the 'Other' subheading for aseptic packaging but fall under the single-dash description for paper coated, impregnated or covered with plastics. Bleached papers weighing more than 150 g/m2 are classifiable under 4811 51 00; other such papers are classifiable under 4811 59 00. Field formations should finalize pending assessments accordingly.
Market Access through Authorised Persons
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Market access certification now requires authorised persons' approved users and sales staff to hold continuous segment-specific certification.
The circular modifies the existing market-access framework by deleting a prior sub-clause and inserting a new provision requiring that approved users and sales personnel of Authorised Persons possess and maintain the necessary certification for the respective segments at all times, aligning their obligations with those of stock brokers and sub-brokers; exchanges must amend bye-laws to implement the framework and the measure takes effect immediately under regulatory powers to protect investors.
Procedure for clearance of State SEZ Bills
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Faster procedure for clearance of State SEZ bills streamlines inter-departmental consultation and presidential approval process.
Department of Commerce shall consult all concerned central departments, obtain their no-objection confirmations, and forward a consolidated recommendation to the Ministry of Home Affairs for final approval; Ministry of Home Affairs shall obtain the President's assent, and Development Commissioners of SEZs shall send copies of communications to the nodal department of the respective State Government.
Appoints Common Adjudicating Authority
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Common Adjudicating Authority appointed: Show Cause Notice reassigned for adjudication under Customs Act administrative powers.
The Board, invoking powers under the Customs notifications and statutory provisions, assigns the DRI Show Cause Notice in the matter of M/s Rajita Herbals and others to the Commissioner of Central Excise (Adjudication)-I, New Customs House, New Delhi, designating that officer as the Common Adjudicating Authority to adjudicate the notice.

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