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Circulars
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Exim Bank's Line of Credit of USD 36 million to the Government of the Republic of Mali
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Line of Credit enables procurement of eligible Indian goods and services for Mali under specified supply, documentation, and FEMA compliance.
Exim Bank's Line of Credit to Mali finances eligible Indian goods, machinery, equipment and consultancy services for the interconnection project; at least 85% of contract value must be supplied from India while up to 15% (excluding consultancy) may be procured abroad. The Credit Agreement fixes timelines for opening Letters of Credit and disbursement, requires GR/SDF shipment declarations, disallows agency commission under the LOC (though exporters may use own funds or EEFC balances subject to remittance rules), and implements these directions under FEMA.
Reconciliation of manual Cargo Manifest with Online Cargo manifest filed by Airlines - reg.
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Cargo manifest reconciliation required: airlines must reconcile online and manual manifests and attach EDI acknowledgement.
Airlines must reconcile the online/electronic Cargo Manifest filed via ICEGATE with the manual Cargo Manifest before submitting the manual copy to the Batch Office, attach the signed EDI "Report on loading of EGM from EDI" acknowledgement, and place a signed certification on the manual manifest confirming that the manual and electronic manifests have been reconciled and tally in every respect. The Batch Office will accept only such manual submissions, record particulars in its register, and issue an acknowledgement to the airline.
Standard warning in Advertisements by Mutual Funds
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Standard warning in mutual fund advertisements must appear visually and in voiceover unchanged to ensure clear investor disclosure.
Audio-visual mutual fund advertisements must display and voice the exact standard warning "Mutual Fund investments are subject to market risks, read all scheme related documents carefully" without any addition or deletion, with the visual accompanied by a concurrently run voice-over for a sustained period to ensure intelligible investor disclosure; all mutual funds must comply strictly with this presentation requirement under the regulator's investor-protection authority.
35 - 04-02-2010 Income Tax
Modification in CIB Software- reg.
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Access to Individual Transactions Statement expanded to administrative commissioners, broadening jurisdictional ITS visibility for all PANs.
Three operational changes to the CIB module: a new excel extraction feature for non PAN/invalid PAN AIR data with mandatory query fields and RCC level role access for provision to Designated Assessing Officers; expansion of ITS access to administrative Commissioners via the AR_CIT role for all PANs under their jurisdiction irrespective of scrutiny or demand; and temporary deactivation of the automated PAN assignment process for non PAN CIB data to speed online dissemination to Ranges/AOs, with other processes unchanged.
Modification of Circular No. 5/83-CX.6 dated 10.03.83- Issue of show cause notice on receipt of Audit objections from CERA
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Audit objection adjudication permitted after one year from reply if the Local Audit Report remains unconverted to SOF or DAP.
Where a Local Audit Report (LAR) is not admitted by the department and is not converted into a Statement of Facts (SOF) or Draft Audit Para (DAP) by CERA, show cause notices issued on that LAR may be adjudicated after one year from the date of sending the department's reply to the LAR, provided that immediately before adjudication the LAR has still not been converted into SOF or DAP; this modifies the earlier instruction to issue show cause notices immediately on receipt of audit objections.
Valuation of MS and HSD sold amongst OMCs - MOU - Withdrawal of instructions dated 14-2-2007- regarding
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Transaction value: MOU price not treated as transaction value; inter company valuation instructions withdrawn, pending appeal, SCNs stayed.
The Board withdraws its earlier guidance treating MOU prices between oil companies as constituting transaction value for excise valuation, in light of a contrary tribunal decision; pending show cause notices on inter company sales are to be consigned to the call book until final determination of the pending appeal, and appeals may be filed immediately where within review or appeal periods.
Authorization/Duty credit scrips and re-credit of 4% SAD thereof
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Revalidation of duty credit scrips limited; re-credit of special additional duty allowed only under custody or short validity conditions.
Amendments permit revalidation of freely transferable Authorisation and Duty credit scrips only when validity expired in Customs/RA custody; introduce a six month maximum revalidation from endorsement to allow re-credit of 4% Special Additional Duty into freely transferable Duty credit scrips (including DEPB) where remaining validity is under six months; establish 24 month validity for Chapter 3 duty credit scrips and restrict DEPB revalidation except under those two exceptions.
Procedure to re-credit 4% SAD of Customs in DEPB, VKGUY, FPS, FMS, MLFPS scrips in view of the refund facility allowed under no.102/2007, read with cus. instr. 354/129/2007-TRU, Cus. cir.6/08 & 6/09 reagarding.
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Special Additional Duty re-credit restores duty credit scrip balances after Customs refund, conditional on prescribed documents and endorsements.
Applicants must submit the original duty credit scrip and the consolidated certificate (credit note) issued by the customs authority to the Regional Authority that issued the scrip; the RA will endorse the scrip with the re-credit amount, may revalidate the scrip for six months, and must notify the customs authorities at the port of import and port of registration. Transferees claiming proportionate re-credit must produce an attested copy of the scrip, proof of transfer, the consolidated certificate and an Indemnity Bond; the RA will issue a duplicate scrip with a six-month validity after scrutiny and notify customs.
Enquiry of the Status of Bills of Entry/Shipping Bills through auto e-mail Responsibility of CHA/importer/exporter- Reg.
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Responsibility to verify shipment records via auto e-mail: parties must check statuses and report discrepancies promptly.
Responsibility to verify the electronic status of Bills of Entry and Shipping Bills is placed on Custom House Agents, importers and exporters through the existing e-mail enquiry facility, which provides status by document number or by PAN-based CHA license number and IEC code; recipients must check these details daily and promptly report any B/E or S/B recorded in their name that they did not file, and failure to verify and report will preclude pleading ignorance in subsequent investigations.
Enquiry of Bond Balance and Profile of Status Holder through auto e-mail Reg.
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Bond balance enquiry now available by auto-email; use prescribed subject formats to receive automated bond status and profile.
An e-mail enquiry facility permits ascertainment of running bond balances and Status holder/100% EOU profiles by sending requests to [email protected] using exact subject-line tokens (imp:bondbal:agent:, imp:bondbal:bond:, com:stareou:iec:). Replies are auto-generated and sent as attachments to the originating e-mail. Users must match subject formats precisely, report discrepancies against agent codes or IECs immediately, undertake periodic balance checks, and use provided contacts for assistance.
Pendency of Drawback claims due to non- receipt of Brand Rate Letters of Drawback under Rule 6 & Rule 7 of the Customs, Central Excise & Service Tax Duties Drawback Rules, 1995 from the Jurisdictional Central Excise authorities within time limit prescribed in Board’s Circular No.14-CUS dated 06.03.2003-reg.
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Brand rate deadline: submit brand rate letters and BRCs to avoid drawback claims being processed at zero rate.
Applications for fixation of Brand Rate under Rules 6 and 7 must be filed within the prescribed period and verified by the jurisdictional Central Excise division within specified time limits; Brand Rate letters must be issued after validation and communicated to the Custom House. The Drawback section will not process shipping bills absent Brand Rate letters received by fax or registered post. Under Rule 15, exporters must file a Supplementary claim within the prescribed period after Brand Rate communication, and Brand Rate claims pending over one year will be processed at zero rate unless requisite documents and supplementary claims are submitted.
Since no constructive credit to the depositor’s / payee’s account takes place while calculating interest on time deposits on daily or monthly basis in the CBS software used by banks, tax need not be deducted at source on such provisioning of interest by banks for the purposes of macro monitoring onl
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Tax Deduction at Source on interest provisioning clarified: TDS not required on CBS macro monitoring entries; deduct on actual credit.
Where banks using Core Branch Banking Solution calculate and park interest on time deposits in a provisioning account for macro monitoring only, such parking does not constitute constructive credit to the depositor; therefore tax need not be deducted at source on those provisioning entries. Tax shall be deducted at source when interest is actually accrued, credited, paid, matured or encashed, or at periodic intervals as per bank or depositor practice, whenever aggregate interest in the year exceeds the statutory threshold for deduction.
Valuation of Debt and Money Market Instruments
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Valuation of debt instruments: standardise traded price, amortisation, and benchmark yield based valuation to reflect market conditions.
Valuation is standardised by residual maturity and tradability: short residual securities are valued at weighted average traded price or amortization basis (floating rate with floors/caps amortised using the floor), while longer residual traded securities use weighted average traded price and non traded securities use a benchmark yield/matrix of spreads from agencies appointed by AMFI; securities outside the framework must be reported to AMFI and may be valued by AMC proprietary models approved by trustees and auditors until incorporated into the matrix.
Dissolution of the Development Council of Textile Industry
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Dissolution of Development Council ends the Council's official status and functions upon publication of the dissolution order.
Dissolution of the Development Council for Textile Industry is ordered under the executive powers conferred by the Industries (Development and Regulation) Act, 1951, the Central Government, satisfied it should cease to continue and that dissolution is in the public interest, dissolves the Council with effect from the date of publication of the order, removing the Council's institutional status established by prior government notification.
Export and Import of Currency
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Currency export/import limits altered for resident travellers; revised per-person cash ceiling applies excluding Nepal and Bhutan.
The amendment increases the permissible amount of Government of India and Reserve Bank of India currency notes that a resident may take out of, or bring into, India on a temporary visit (excluding Nepal and Bhutan), raising the per person cash carriage limit to Rs.7,500 and replacing the previous lower ceiling under Regulation 3(1)(a) and (c) of the relevant FEMA notification.
Non-Compliance by trade of Querry Memo, Consultative Letter, Advisory Memo, Less Charge Demand Notice issued by PCA-reg.
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Post-clearance audit non-response triggers system interception of live bills until importer compliance and NOC issuance.
If importers or CHAs do not respond within 30 days to Query Memos or Consultative Letters issued by the Post Clearance Audit section, the EDI/Risk Management system will intercept live Bills of Entry for other consignments of the non complying importer. PCA will, with approval of the Joint/Addl. Commissioner, refer the importer's name and IEC code to the LRM section to introduce the interception target, which will be removed only upon importer compliance and issuance of an NOC by the PCA Joint/Addl. Commissioner.
Disclosure of investor complaints and arbitration details on Depository website
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Disclosure of investor complaints and arbitration details: depositories must publish standardized reports to boost grievance transparency.
Depositories must publish on their websites detailed disclosures of investor complaints, arbitration proceedings, and penal actions concerning Depository Participants and listed companies using prescribed report formats. Reports must capture complaint types, DP status, arbitration filings and awards, penal orders and related status codes; one report is updated weekly and others quarterly. Depositories must inform DPs, companies and RTAs, amend bye laws or rules if necessary, and report implementation status to SEBI, under the statutory mandate to protect investor interests and promote market regulation.
Adjustment of "Advance Tax in respect of Fringe Benefits" for Assessment Year 2010-11 against "Advance Tax" - matter regarding
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Advance tax adjustment: payments for fringe benefits may be treated as advance tax and adjusted or refunded.
Any installment of "advance tax in respect of fringe benefits" paid for the assessment year shall be treated as an advance tax payment for that assessment year and may be adjusted against the assessee's advance tax liability on other income for that year or, if there is no liability, claimed as a refund as advance tax paid for that assessment year.
Custom House Agents Licensing Regulations, 2004–Inviting applications for grant of New CHA licences–Reg.
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Custom House Agent licensing: applications require prescribed qualifications, financial proof, security instrument and appearance in licensing examinations.
Invitation for grant of Custom House Agent licences at Cochin requires applicants to apply in Form A, furnish names and addresses of partners/directors and nominate the person to conduct clearances, and meet qualifications through a recognized graduate degree plus professional qualification or prescribed experience or Regulation 8 qualification or retired Group A customs officer status. Financial viability must be evidenced by a bank or state revenue authority certificate of assets above the prescribed threshold; applicants must be Indian citizens and submit bond, surety, security instrument and licence fee prior to grant.
Amendment in ANF 2-A of HBP vol.1
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ANF 2-A amendment: no fee for modifications within 90 days; Rs1000 penalty for condoned delays; PAN inclusion free.
The amendment provides that no fee is payable for modification/amendment applications made within 90 days; the Regional Authority issuing the IEC may condone delays on payment of a penalty of Rs.1000 by Demand Draft. No fee is required for inclusion of PAN in an existing IEC.

Circulars

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CORRIGENDUM - Income Tax Deduction from salaries during the F.Y. 2009-10 under section 192 of the Income Tax Act.

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Income tax deduction from salaries corrigendum corrects circular reference, increases severe disability deduction and amends example tax computations.
Corrigendum to the Board's circular on Income Tax deduction from salaries for FY 2009-10 corrects the prior circular reference, increases the specified ... Summary

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Acts Income Tax