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Circulars
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Addition in the list of Export Promotion Councils/Commodity Board given under Appendix-2 of Hand Book of Procedure (Vol.I)
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Addition to Export Promotion Councils list: DGFT recognition of IOPEA for oilseeds and oils export coverage.
DGFT Public Notice adds Indian Oilseeds & Produce Exporters Association EPC (IOPEA) to Appendix 2 of the Hand Book of Procedure (Vol. I) under Paragraph 2.4 of the Foreign Trade Policy, specifying IOPEA's contact details and product coverage as oilseeds and oils while excluding de oiled cake, rice bran oil, soya oil, soya de oiled cake and products handled by the Shellac & Forest Product EPC.
Amendments in Hand Book of Procedure (Vol.I)
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RCMC access expanded: multi-product exporters in north-eastern states may obtain RCMC from FIEO Shillong or Shellac and Forest Products EPC.
The amendment permits multi-product exporters with head/registered offices in the North Eastern States to obtain Registration cum Membership Certificate (RCMC) from the FIEO office in Shillong or the Shellac & Forest Products Export Promotion Council, except for products under APEDA, the Spices Board or the Tea Board; it also adds the FIEO North East Chapter to the Handbook of Procedures' list of Regional Offices.
Amendments in Appendix-6 of Hand Book of Procedure (Vol.I)
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Foreign Trade Policy amendment updates Appendix Six to designate a new certification body address in trade procedure.
Amendment to Appendix-6 modifies Sl. No.2 to read as the designated certification body and its office address, made under the authority of Paragraph 2.4 of the Foreign Trade Policy, and issued in public interest to update the Handbook of Procedure (Volume I).
Creation of Centralized Refund Section & Streamlining the procedure thereof-reg.
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Centralized refund procedure centralizes customs refund claims, mandates acknowledgements, document verification, pre-audit and speaking orders.
Centralized Refund Section Group VII will receive and register all customs duty refund claims (subject to listed exceptions), issue immediate receipts, conduct initial scrutiny to issue acknowledgements or deficiency memos within ten working days, process complete claims on a first-come-first-served basis, requisition original Bills of Entry and departmental records for verification, obtain No Payment Certificates from Accounts, compute and adjust refunds against confirmed demands, route high-value cases for pre-audit, record sanctioned refunds for post-audit, effect payment by crossed cheque in the claimant's name, and issue speaking orders addressing unjust enrichment and reasons for allowance or rejection.
Exim Bank's Line of Credit (LOC) of USD 30 million to Government of the Republic of Honduras
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Line of Credit enables financing for eligible exports to a foreign government under FEMA directions and export policy.
A public export finance institution made available a Line of Credit to a foreign government to finance exports of eligible goods and services, requiring at least eighty-five percent of supplies to be from India or of Indian origin. The Credit Agreement is effective from the stated date and prescribes outer time limits for opening Letters of Credit for project and supply contracts. Shipments must be declared on prescribed foreign exchange forms. No agency commission is payable under the credit, though exporters may pay commission from their own resources or EEFC balances subject to remittance rules. Directions are issued under the foreign exchange statute without prejudice to other required permissions.
Amendments in Appendix-4-C of Hand Book of Procedure (Vol.I)
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Amendment to Appendix-4-C updates authorised exporter association contact details under foreign trade policy as public notice.
Amendment of Appendix-4-C replaces the Maharashtra region entry at serial 28 with the Cotton Association of India's address, telephone, fax, email and website, as the operative directory information. The amendment is issued under Paragraph 2.4 of the Foreign Trade Policy, 2004-09 as a public notice to update the Handbook of Procedure (Volume I).
Board clarifies the issue of Inclusion of YQ and YR charges in the Taxable Value of Services Provided by Aircraft Operator
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Inclusion of YQ and YR charges affirmed as part of taxable service value; they form consideration for air carriage.
YQ and YR surcharges collected by airlines constitute part of the gross consideration for services provided by an aircraft operator to a passenger embarking in India for an international journey and are includible in the taxable value of that service; valuation rules treat any amount received in connection with the service before, during or after provision as part of taxable value, and method of vivisection is irrelevant when the amount is integral to the consideration.
Delegation of power in respect of National Highways Authority of India (NHAI)
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Customs duty exemption authority delegated to Member (Finance) allowing issuance of exemption certificates for NHAI projects.
The Central Board of Excise & Customs directed that, for internationally financed projects, Customs field formations shall accept Customs Duty Exemption Certificates issued by the Member (Finance) of the implementing authority where the implementing authority has delegated the Chairman's signature authority to that Member; existing requirements that the certificate be issued by the executive head and counter signed by an appropriate officer in the line ministry remain applicable.
Classification of Boric Acid and separate chemically defined compounds for the purpose of Customs & Central Excise
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Classification of boric acid clarified: treated as a chemically defined compound; only retail pesticide forms treated as preparations.
Boric acid shall be classified under the tariff entry for separate chemically defined compounds, with the more specific heading preferred over general pesticide headings; only technical grade insecticidal boric acid or boric acid put up for retail sale as pesticide preparations shall be classified under the provision for pesticide/insecticidal preparations. This supersedes earlier circulars and field formations should finalise pending assessments accordingly.
Acceptance of Central Excise Certificate under Para 3.1(e) of CBEC Circular No. 58/2004-Cus dated. 21.10.2004 - reg.
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Cenvat credit inclusion for excise duty counts toward bank guarantee exemption under Advance Authorisation and EPCG schemes.
Excise duty paid through Cenvat credit shall be taken into account when calculating whether a manufacturer exporter has met the excise duty threshold in Para 3.1(e) of CBEC Circular No. 58/2004 Cus, thereby qualifying for exemption from executing a bank guarantee under the Advance Authorisation and EPCG Schemes; stakeholders are asked to report any implementation difficulties to the Commissioner of Customs (Exports).
Documents for address proof submission with registration application
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Service tax registration documents: specify PAN, address proofs and additional branch proof for centralized registration.
Service Tax ST-1 registration requires a copy of the assessee's PAN card; proof of address for the premises to be registered (telephone or electricity bill, rent agreement in the name of the entity, or passport for proprietors/partnerships); and, where applicable, partnership deed or company Memorandum of Association. For centralized registration, proof of address must be furnished for each premises/branch. Previously submitted documents need not be resubmitted for addition/deletion of services unless a new premises/branch is added, when address proof for the new location is required.
Refund scheme for the 4% additional CV duty levied under Section 3(5) of the Customs Tariff Act, 1975 - Regarding
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Additional countervailing duty refund allowed if sales tax or VAT is paid; invoices must state that no credit is admissible.
Importers must first pay all customs duties including the additional countervailing duty and may thereafter claim refund of that additional duty if the imported goods are sold and appropriate Sales tax or VAT (or Central Sales Tax for inter State sales) is paid on the sale. Refund claims require the bill of entry and proof of sales tax or VAT payment. Invoices for goods subject to refund must bear an endorsement that no credit of the additional duty shall be admissible; Cenvat Credit Rules and Central Excise Rules have been amended to bar credit and require dealer endorsements, with penalties for wrongful availment.
Clarification regarding issue of Export House Status Certificate by Regional Offices of DGFT
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Export House Status Certificate: jurisdictional regional offices to issue certificates for STPI units and consider clubbed export performance.
Applications for Export House Status Certificates are to be filed with the jurisdictional Regional Authority or Development Commissioner; where SEZ/EOU export performance is clubbed with a domestic entity the jurisdictional Regional Authority will consider it. Jurisdictional Regional Offices shall examine, consider and issue Export House Status Certificates for STPI units, while Development Commissioners will issue certificates for SEZ and EOU units.
Mandatory e-Payment of Service Tax by large taxpayers - Interim accounting arrangement for e-Payment collection
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Mandatory e-payment of service tax: interim RBI-authorised bank branches designated to collect e-payments for other commissionerates.
Mandatory e-Payment of service tax by large taxpayers will be received under an interim accounting arrangement: RBI has authorised Allahabad Bank, Parliament Street Branch, New Delhi (BSR Code 0210163), and Central Bank of India, Janpath Branch, New Delhi (BSR Code 0280318), to accept e-payment collection for e-payment receipts of Commissionerates not authorised for physical collection.
Security of seized/ impounded Books/ documents/ electronic storage devices
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Security of seized materials: strict custody and verification procedures required to prevent tampering and preserve evidence.
Security of seized and impounded books, documents and electronic storage devices requires numbered and sealed pages at seizure, Control Room verification, and immediate rectification of discrepancies. Processing officers must identify and copy Core Documents, confront them with the assessee during post search investigation, and annex photocopies and corroborating evidence to the Appraisal Report. Inspections must be recorded in a prescribed register and supervised. Receiving officers must verify materials against Panchnama and Appraisal Report, report discrepancies to the CIT, and bear custody responsibility for any subsequent loss or tampering unless preexisting defects are recorded.
Circular on acceptance of Foreign Sovereign Securities as collateral from Foreign Institutional Investors (FIIs) for Exchange Traded Derivative Transactions
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Acceptance of foreign sovereign securities as collateral permitted subject to safeguards, liquidation rights, valuation haircuts and concentration limits.
AAA-rated foreign sovereign securities may be accepted as collateral from FIIs for exchange-traded derivatives subject to written agreements preserving jurisdiction or arbitration and rights to liquidate on default. Clearing members and clearing corporations must ensure availability for timely liquidation despite overseas intermediaries, apply appropriate haircuts (fixed or VaR-based) using market prices converted daily at the RBI Reference rate, and treat such securities as part of the cash component of liquid assets subject to a ten percent concentration limit.
Loss of revenue due to incorrect allowance of depreciation : CBDT directs AOs to take immediate steps.
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Depreciation verification: assessing officers must verify claims and link records to prevent revenue loss and ensure compliance.
Assessing Officers are instructed to verify depreciation claims and the set off of brought forward losses against physical records during scrutiny, ensuring such claims and unabsorbed depreciation are linked with assessment records for correctness; remedial action for earlier years should be initiated and the instruction communicated for strict compliance.
Modification of the abstract of XT-I Diary regarding
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Recordkeeping requirements: Revised XT-I diary mandates monthly officer activity reporting and specified inspection and seizure details.
The revised XT-I Diary, effective from 01.10.2007, requires monthly recording of officer identity and posting, visits out of place of work (with date, time, place, distance, mode, work completed, reason and permission), numbers of ranges inspected, specific returns checked, refund/rebate verifications, recovery actions, audit show-cause processing, vehicle checks, and preventive work including searches and seizures; field formations must instruct officers to maintain the XT-I per existing guidelines.
Classification of Digital LCD / Flat Panel Monitor - Admissibility of Notification benefits
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Classification of computer monitors: eligibility for customs duty exemption depends on technical features distinguishing ADP monitors from TV/video monitors.
Monitors solely or principally used with ADP machines qualify as computer/ADP monitors and remain eligible for the import duty exemption, whereas monitors designed for television or video reception are excluded. Field officers should apply the Board's technical guidance-examining connectors, tuners, supported signal types, audio circuitry, ergonomic features, and display specifications-to determine proper tariff classification and entitlement to the notification benefit.
Classification of Digital Still Image Video Camera - Admissibility of Notification benefits
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Digital still image camera classification narrows exemption to cameras primarily for still images, excluding camcorders and film cameras.
The exemption applies only to digital cameras whose principal function is still image recording, and may include those that record moving images for a limited period; camcorders/video recorders and photographic film cameras are excluded from the notification benefit and field formations should finalise assessments accordingly.

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