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Circulars
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RMB CIRCULAR NO.1 (2002-2003)
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Registration independence for group entities: separate merchant banker certificates allowed if independence criteria are satisfied.
Circular permits separate merchant banker registration for group entities where each is a separate legal person, has independent Boards (no majority common directors), operates at arm's length, maintains distinct key personnel and infrastructure, and retains independent regulatory controls; it also provides that suspension or cancellation of one entity's registration may invite regulatory action against other registered group entities. 'Group' is defined by common control (alone or with relatives), same management per the Companies Act, or direct/indirect control, with 'control' as defined in the Takeovers Regulations.
Central Excise Registration-new instructions regarding
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15 digit PAN based Registration mandates same day issuance via SACER, temporary numbers and mandatory conversion procedures.
From 1.10.2002 Central Excise registration is centralized at Divisional Offices using the SACER system to generate a 15 character PAN based Registration Number or a system generated Temporary Registration Number where PAN is absent; applications are to be entered into SACER and, if complete, a Registration Certificate issued on the spot, with post registration verification by Range Officers and procedures to convert Temporary Numbers to PAN based numbers once PAN is obtained.
Import of Raw Garlic Against Export of Garlic Product under Duty Exemption Scheme
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Advance licence conditions: import of raw garlic allowed only with prior import and allicin-content match requirement.
Advance licences for import of raw garlic against export of garlic products must include a prior import condition and a requirement that the allicin weight in import and export match within a narrow variation on the basis of chromatographic profile; Regional Licensing Authorities shall issue licences with these endorsements and forward them to the head office ALC for finalization of norms under the Handbook of Procedures.
External Commercial Borrowings (ECBs)
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External Commercial Borrowings eligibility clarified: Automatic route confined to registered legal entities; individuals, trusts and non profits excluded.
Only legal entities registered under corporate, societies or cooperative statutes, including proprietorships and partnerships, are eligible to raise ECBs under the Automatic Route; individuals, trusts and non profit organisations are excluded. Authorised dealers must notify affected constituents of this clarification, issued under the regulatory powers of the foreign exchange statute.
External Commercial Borrowings (ECBs) - Prepayment
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Prepayment of external commercial borrowings allowed under automatic route with simplified compliance; larger prepayments require central bank approval.
Any borrower who raised ECBs in accordance with applicable rules may prepay outstanding ECBs up to USD 100 million without prior Reserve Bank permission via the automatic route, subject to a certificate from the company secretary/auditors confirming lawful utilisation and submission of ECB-2 Returns; authorised dealers must file the revised ECB-PAR within seven days. Prepayments above USD 100 million require Reserve Bank approval or in-principle clearance (valid 15 days), while prepayment from EEFC balances or fresh equity inflows requires no prior permission even if exceeding the threshold.
Electronically filing of application .(all applications for Advance Licences/DEPBs/DFRCs shall be filed electronically only. )
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Electronic filing requirement for export licences mandates only electronic submission of Advance Licences, DEPBs and DFRCs; manual filings barred.
All applications for Advance Licences, DEPBs and DFRCs must be filed electronically; manual applications will not be accepted. Exporters must obtain passwords by applying with copies of IEC allotment letter and RCMC to the designated office contact, and passwords will be issued within one working day, as part of the transition to a paperless electronic filing system.
Disposal of duplicate copies of Export Declaration Forms
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Retention of duplicate export declaration forms: authorised dealers to retain certified duplicates and conduct internal audit checks after realisation.
Authorised dealers must retain, after due certification following realisation of export proceeds, duplicate copies of export declaration forms (GR, PP, SOFTEX), Exchange Control copies of shipping bills and related SDF instead of submitting them to the Reserve Bank; they must continue to submit Schedules 3-6 with R-Returns and perform random internal/concurrent audit checks to ensure any non-realisation or short realisation is within delegated powers or has required approval.
Service Tax — Food Grain Commission Agents — Leviability of Service Tax as C&F Agents
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Clearing and Forwarding agent status determined by commission relationship; commission from principal triggers service tax liability.
Whether food grain commission agents are C&F Agents depends on the principal-agent relationship and who pays the commission. Agents who buy grain outright are not agents of the farmer and are not C&F Agents. Agents who sell on farmer-dictated terms but receive commission only from buyers are not C&F Agents; unlawful deductions do not create agency. Agents who lawfully receive commission from farmers and meet Board conditions are C&F Agents and liable to service tax on their commission.
Amendments/ Corrections in the Schedule of DEPB Rates
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DEPB rate amendment adds entitlement for disposable hypodermic needles under the Schedule of DEPB Rates.
Addition to the Schedule of DEPB Rates inserts an entry for "Hypodermic needle (Disposable)" under Engineering Product Code 61, specifying a DEPB Rate of 3% and showing a column for a Value Cap for DEPB entitlement without a specified cap; the change is effected under the Export and Import Policy, 2002-07 and the Handbook of Procedures, 2002-07 by Public Notice No. 35/2002-07.
Soft Copy of Manual applications. Amendment in documentation for redemption under AL for DE, Addition of four new AEZ's
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Documentation requirement: soft copy submissions and stricter deemed-export proof; new agri export zones specified issued.
Manual application filers must provide a soft copy of the application in MS Word on a floppy disk; deemed-export supplies to EOUs/EPZs/SEZs require a copy of the invoice or ARE-3 signed by the receiving unit and jurisdictional excise authorities certifying item, quantity, value and date of supply; four Agri Export Zones are added for specified products and districts.
General permission for Authorised Dealers to import currency notes from their overseas branches – regarding
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Import of currency notes permitted for authorised dealers without separate central bank clearance; customs must allow normal imports.
Authorised dealers may import currency notes from their overseas branches/correspondents to meet normal banking requirements under the general permission retained from the Exchange Control Manual/FEMA; customs should not insist on separate Reserve Bank clearance and any implementation difficulties should be reported to the Board.
21/2002 - 12-09-2002 Companies Law
Threshold limits for deduction of tax at source from income by way of dividends and income from units.
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Threshold limit for TDS on dividend and mutual fund income raised, exempting small payments from deduction.
The circular raises the threshold limit for deduction of tax at source on dividend income and income from mutual fund units so that no tax shall be deducted where the dividend or unit income does not exceed the prescribed threshold, with immediate effect; officers are directed to implement the revised threshold and to notify staff in their regions.
Duty evasion by fabric importers in connivance with M/s. Sweety International Pvt. Ltd. (SIPL), Surat under Advance Licence Scheme by showing high seas sales transaction — regarding
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Duty evasion through Advance Licence Scheme exposed; customs instructed to alert field staff and prevent high seas sales fraud.
Duty evasion under the Advance Licence Scheme involved SIPL obtaining licences using a fictitious office and manufacturer, arranging ostensible high seas sales so bills of entry were filed in SIPL's name, obtaining duty-free clearance, then delivering goods to original importers for a premium. The circular directs issuance of instructions to customs field staff to detect and prevent this modus operandi and requests acknowledgement of receipt.
Eligibility of drawback on the element of SAD - regarding
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Special Additional Duty drawback allowed where customs law grants drawback on any customs duty, restoring entitlement for exporters.
The document addresses whether drawback may be claimed on the Special Additional Duty component of customs duty. An earlier legal view interpreted the tariff provision as not providing for drawback on SAD and temporarily disallowed it. After representations and review, including a policy opinion that government intent was to allow such drawback, customs leadership directed that drawback on the SAD element should be afforded and administrative guidance issued.
FEMA, 1999 – Current Account Transactions – Remittances towards Consultancy Services
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Remittance exemption for consultancy payments: no prior RBI approval if paid from EEFC accounts under government notification.
Where remittances for consultancy services are made out of funds held in Exchange Earners' Foreign Currency (EEFC) accounts, prior approval of the Reserve Bank is not required under the government notification (Rule 6(2)), thereby exempting such EEFC-sourced consultancy payments from the departmental prior-approval requirement.
Remittance of assets in India acquired by way of inheritance/legacy/Foreign Nationals
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Remittance of inherited assets: permitted for eligible foreign nationals and NRIs subject to annual limit and tax clearance.
Authorised dealers may permit remittance out of assets in India acquired by inheritance or legacy by foreign citizens (excluding Nepal and Bhutan), Non Resident Indians and Persons of Indian Origin up to the enhanced ceiling per calendar year on production of documentary evidence of acquisition and a tax clearance/No Objection Certificate from the Income Tax authority; where remittance is in instalments, all instalments must be routed through the same authorised dealer.
Foreign Exchange Management (Insurance)Regulations, 2000
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Foreign exchange regulation for insurance: permitted foreign currency accounts, reinsurance remittances and conditional claim settlements under prescribed documentation.
The memorandum sets exchange control rules under FEMA for general insurance covering issuance of policies, premium receipt and claims settlement in rupees or foreign currency; it permits IRDA registered and public sector insurers to decide annual reinsurance programmes (with Board approval) and allows designated authorised dealers to make remittances under those approved arrangements, subject to specified documentary requirements, residency rules, limitations on foreign currency payments, maintenance of foreign currency accounts abroad with minimal balances, and RBI approval where exceptions arise.
Liberalisation of Release of Foreign Exchange for Medical Treatment Abroad
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Release of foreign exchange for medical treatment allowed on applicant declaration, subject to payment by cheque, debit, or demand draft.
Authorised dealers may release foreign exchange for medical treatment abroad on the applicant's declaration without requiring a hospital/doctor estimate, subject to the circular's specified limit, and provided payment is made by cheque, debit to the applicant account, or demand draft.
Release of Foreign Exchange for Small Value Remittances
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Small value remittances: simplified declaration allows authorised dealers to release foreign exchange for permissible purposes.
Authorised dealers may effect small-value remittances for permissible purposes on the basis of a simple signed letter containing remitter and beneficiary details, amount and purpose; submission of the A2 Form need not be insisted upon. No supporting documents are required where payment is by cheque on the remitter's account or by demand draft, provided the authorised dealer reasonably satisfies himself that the transaction is not designed to contravene FEMA.
Work distribution amongst various sections of CBEC
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Work distribution among CBEC sections clarifies section responsibilities to ensure technical references route to the correct policy unit.
Directs strict adherence to a detailed section wise allocation of technical, legislative and administrative functions across the Central Board of Excise & Customs, requiring that all technical references to the Board identify the specific Policy Section concerned so matters are routed and processed expeditiously. The circular assigns tariff classification, valuation, exemptions, legislative drafting, Service Tax and Customs policy, audit and judicial functions, anti smuggling and export related schemes to designated Sections and records contact points for coordination.

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