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Circulars
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Classification of pedestrian controlled tractors/power tillers as rotary tillers under heading 84.32. - Reg
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Classification of pedestrian controlled tractors: treat walking tractors as tractors, not rotary tiller implements.
Pedestrian controlled tractors (walking tractors/power tillers) are prime movers designed for an operator walking behind and intended to use interchangeable implements via a power take-off, and therefore should be classified as tractors under the HS Explanatory Notes; rotary tillers are implement attachments with driven tines fitted to tractors and should not be used to clear pedestrian controlled tractors as rotary tillers. Customs Houses must ensure reclassification and report implementation difficulties to the Board.
Classification of certain inorganic chemicals such as, monopotassium phosphate, calcium nitrate, potassium magnesium phosphate as `fertiliser'. - Reg
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Tariff classification change reclassifies certain phosphate and nitrate compounds under industrial headings, removing concessional fertiliser duty eligibility.
Monopotassium phosphate, calcium nitrate and potassium magnesium phosphate are excluded from the fertiliser chapter as separate chemically defined compounds and must be classified under industrial chemical headings; they are not eligible for concessional fertiliser duty and past assessments treated as fertilisers should attract demands for differential duty.
Import of livestock products - reg -
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Sanitary import permits required for livestock product imports; designated ports and additional statutory safety compliance enforced.
Amendment brings livestock products under the Livestock Importation Act, requiring imports to be allowed only against valid sanitary import permits issued by the Department of Animal Husbandry and Dairying and to enter through specified airports and seaports with Animal Quarantine and Certification Services Stations; compliance with this regime is additional to other statutory import standards and consignments may be tested for microbiological or other contaminants.
Compulsory Dematerialisation in Rolling Settlement effective January 02, 2002
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Compulsory dematerialisation for rolling settlement required; exchanges must ensure depository connectivity and submit compliance reports.
Compulsory dematerialisation requires securities not already in rolling settlement to be brought within the rolling settlement framework by the implementation date; stock exchanges must ensure affected issuers establish connectivity with both depositories by the specified deadline and submit a compliance report to the regulator by the prescribed reporting date, imposing supervisory duties on exchanges and operational connectivity obligations on issuers to enable dematerialised trading and settlement.
17/2001 - 03-08-2001 Companies Law
Regarding Norms for revenue recognition and classification of assets applicable to Nidhi or Mutual Benefit Society.
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Norms for revenue recognition and asset classification set binding directions for Nidhi and Mutual Benefit Societies.
Two Notifications dated 26.07.2001-GSR 555(E) and GSR 556(E)-were circulated directing compliance by Nidhi and Mutual Benefit Societies, with GSR 555(E) issuing mandatory directions and superseding earlier GSRs and GSR 556(E) prescribing norms for revenue recognition and classification of assets; recipients were instructed to implement the Notifications and acknowledge receipt.
Monthly Open House Meetings
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Monthly Open House Meetings require prior written representations and limited attendance, with grievances referred to the facilitation committee.
Monthly Open House Meetings established to enhance engagement and transparency required detailed representations be submitted at least three days before the meeting, limited participation to 30 persons on prior confirmation, and preferred electronic submission by email with confirmations sent by email or telephone. The Trade Notice was later deleted; exporters with grievances were directed to the Export Facilitation/Grievance Committee meeting monthly and further details are available from the Export Facilitation Cell.
Date of shipment/export of the quantities of coarse grain/maize allowed for export is extended upto 30.9.2001
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Extension of export shipment deadline for coarse grain; balance quota released for RCAC issuance to eligible exporters.
The last date for shipment/export of coarse grain/maize allowed for export is extended until 30.9.2001 by amendment to the relevant Public Notice. The remaining reserved allocation of 18,571.5 MT is made available for issuance of Registration-Cum-Allotment Certificates (RCACs) by the designated agricultural export authority to STC, STCL and private exporters.
EPCG units which are subject to restrictions pertaining to count/sourcing domestic cotton would be permitted to export cotton yarn without such restrictions upto 31st December,2001
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EPCG units export permission allows cotton yarn shipments without count or sourcing restrictions, subject to an overall quantitative ceiling.
EPCG units subject to restrictions on yarn count and sourcing domestic cotton are permitted to export cotton yarn without those restrictions until 31 December 2001, provided such exports remain within the overall quantitative ceiling of 500 million kilograms; this amendment is added to sub paragraph 2(iii)(d) of Public Notice No.51 under Paragraph 4.11 of the Export & Import Policy, 1997 2002.
New/Amended Standard Input Output Norms(SION)
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Standard Input Output Norms: amendments expand and correct SION entries, adding product-specific import export norms and procedural notes.
Amendments to the Standard Input Output Norms require textual corrections, deletions and additions in the Handbook of Procedures, Vol.2, revising existing SION entries across Chemicals and Allied, Engineering and Textile products and inserting new entries via Annexures A, B, C and D; they prescribe detailed product specific input output ratios, allowed import items, and conditions such as CIF value restrictions and AU condition fuel allowances for eligible composite textile units.
Speedy Customs clearance to avoid payment of detention/demurrage charges
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Speedy customs clearance: ensure prompt processing to prevent departmental demurrage liability and enable warehousing options.
Customs formations must ensure expeditious processing of Bills of Entry and Shipping Bills to prevent demurrage liability arising from departmental delays. Daily supervisory monitoring at Group and Commissioner levels is required for both EDI and manual filings. CHAs must discharge their regulatory duties promptly; piecemeal queries should be curtailed. Where provisional release is inadvisable, importers/exporters should be given written option to place consignments in warehousing under the Customs Act and be warned they will bear demurrage if they do not avail the facility. Negligent officers are to be held accountable.
Clients Codes For Mutual Funds
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Client coding for mutual fund transactions requires use of SEBI registration numbers as primary client codes provided to brokers and custodians.
Mutual funds must adopt standardized client codes for securities transactions by using their SEBI registration number as the primary client code element, followed by an internal identifier for scheme or plan; these codes must be communicated to stockbrokers and custodians and a list provided to the regulator.
Service Tax — Payment by cheque not to be treated as discharge of duty unless the cheque is encashed
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Cheque payment not effective until encashment; tax discharge occurs only after funds credited to government account.
Payment by cheque does not discharge service tax liability until the cheque is encashed and the amount is credited to the Government account; cash and demand draft payments receive immediate credit. Trade associations should circulate this clarification, and the earlier trade notice on the subject is withdrawn.
Indo-Mauritius Credit Agreement dated May 4, 2001, for US$ 100 million
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Export credit financing terms ensure majority of export costs are financed subject to L/C, documentation, and drawdown timelines.
Line of credit financing covers the majority of the f.o.b. value of eligible exports for specified Mauritius projects while importers pay the balance in U.S. dollars at L/C opening. Contracts require governmental approval and L/Cs must be opened by Mauritian banks, include a prescribed reimbursement clause and be supported by certificates that the importer's share has been received. Shipments must be declared on GR/SDF/SOFTEX forms with the circular reference; specified timelines govern contract signature, L/C establishment and full drawdown. Agency commission is ordinarily disallowed but may be permitted within limits for certain capital goods, and the directions are issued under the Foreign Exchange Management Act.
Remittance for participation in lottery etc. schemes
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Prohibition on remittances for lotteries: remitting funds for lottery or similar schemes is barred and attracts FEMA penalties.
Remittances from India for participation in lotteries, lottery-like operations, money circulation schemes, or remittances purportedly to secure prize money are prohibited. Authorised dealers must inform the public of this prohibition and implement the exchange control restriction. Directions are issued under the Foreign Exchange Management Act and contraventions attract the penalties prescribed under the Act.
Procedural Simplification in the filing of payment certificate for availing of deemed export benefits
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Deemed export payment certificate procedure simplified: suppliers may file project-specific or consolidated periodic certificates to ease claims.
Suppliers claiming deemed export benefits may file the payment certificate either for supplies to a particular project or as a consolidated certificate covering all projects for a chosen period (month, quarter or half year), thereby simplifying filing under paragraph 10.15(ii) and addressing prior regional practice; this relaxation applies to the relevant deemed exports effected prior to the indicated implementation cutoff.
Rolling settlement of shorter duration
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Rolling settlement on T+5 required; exchanges must implement T+5 now while shorter durations are deferred.
The Securities and Exchange Board of India directs stock exchanges to introduce rolling settlement initially on a T+5 basis, following the Risk Management sub group recommendation; proposals for shorter settlement durations are declined for now and will be considered later.
Diffculties being faced by EOUs and EPZ/STP/SEZ units in procurement of indigenous goods without payment of duty - regarding
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Duty free procurement procedure: prior EOU procedural formalities remain in force pending clarification, preventing administrative disruption.
The Board directs that, notwithstanding the new concessional movement rules, all procedural formalities and requirements previously applicable to 100% EOUs and similar export oriented units shall continue to be followed pending rewording of provisions that reference prior movement rules; this includes bond execution for accountal, storage, utilisation and export obligations and movement of duty free goods against the modified CT-3 certificate.
16/2001 - 24-07-2001 Companies Law
The Companies (passing of the resolution by postal ballot) Rules, 2001 Clarification reg.
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Postal ballot procedure requires notices approved after 15 June and mandates serialised ballots, scrutinizer oversight, and board authorisation.
The circular clarifies that the Companies (postal ballot) Rules and section 192A apply to notices approved by the board after 15 June 2001; companies need not advertise despatch dates but may do so; postal ballots must be serially numbered and watermarked, specify the last receipt date under Rule 5(f), and record voting proportional to paid-up equity on despatch date. A board resolution must authorise the company secretary and one functional director to oversee the postal ballot, which must be notified to the Registrar of Companies. Scrutinizer appointment, receipt deadlines, record-keeping and interplay with the general meeting are prescribed, and proposed rule amendments are listed.
Clarification regarding restriction on re-opening of completed assessments on account of provisions of section 14A
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Restriction on reassessment: completed assessments final before April 2001 should not be reopened to disallow expenses related to exempt income.
The amendment introducing Section 14A states that expenditure relating to income not includible in total income is not allowable; however, assessments final before 1 April 2001 should not be reopened under reassessment provisions to disallow such expenditure, to avoid hardship and unnecessary litigation.
Joint Monitoring of the Performance of EOUs and EPZ/SEZ units by the Development Commissioners and the Commissioner of Customs / Central Excise- Reg
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Joint monitoring of export units to enable information sharing and timely action against non compliant units.
Directs joint monitoring of EOUs, EPZ and SEZ units by Development Commissioners and Commissioners of Customs/Central Excise using statement/returns in Appendix 16E and, for STP/EHTP, information from the Director, STPI, to cross tally with customs records, assess discharge of export obligations and NFEP achievement, take timely enforcement against defaulters, communicate joint review results to the Board, and report any information exchange difficulties to the Board on priority.

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