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Circulars
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Condition on import of textile and textile articles as per paragraph 11 of Notification no.3 (RE-2001)/ 1997-2002 dt. 31st March, 2001
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Duty-free import exemption for textile inputs when imported for export production or job-work, and for consumables for export permitted.
The restriction on import of textile and textile articles under paragraph eleven of the cited notification does not apply to imports made under Export and Import Policy paragraph 7.5 for duty free import on a job work basis, nor to imports permitted by the customs notification allowing duty free import of lining, interlining and other consumables for exports, subject to the conditions in that customs instrument.
Discontinuing Monthly Statistical Reports (MSTATS)
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Reporting requirement change: mutual funds need not file Monthly Statistical Reports but must continue Monthly Cumulative Reports by monthly deadline.
SEBI withdraws the requirement for mutual funds to submit Monthly Statistical Reports in hard or soft form; however, the obligation to submit Monthly Cumulative Reports by the prescribed monthly deadline remains in force for all registered mutual funds.
Widening of tax base vide Notification Nos. S.O. 409(E), dated 10-5-2001 and S.O. 410(E), dated 10-5-2001 [See 116 Taxman 101 (St.)]
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Expansion of urban tax base: One-by-six scheme extended to specified towns, adopting existing floor area rules.
Notification S.O. 410(E) extends the One-by-six scheme to all urban areas defined by the 1991 Census, and the circular lists specific towns and urban agglomerations in Jammu and Kashmir covered by that notification. The circular confirms that the floor area standards prescribed by Notification S.O. 409(E) apply to those towns.
Unique client code
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Unique client code requirement: brokers must collect PAN or alternate IDs, report quarterly and retain client mappings.
Brokers must collect, verify and retain the Permanent Account Number (PAN) for all clients or, where PAN is unavailable, prescribed alternative identity documents; furnish client particulars to stock exchanges/clearing corporations with quarterly updates; maintain and preserve for seven years a mapping of trading-order client IDs to the unique client IDs with KYC particulars; and exchanges must keep confidential client databases, retain historical quarterly submissions for seven years, include confidentiality clauses in member agreements and ensure broker compliance.
HAND DELIVERY of I.E.C Numbers
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Hand delivery of IEC numbers permitted with prescribed identity and address verification at counter for authorised representatives.
Hand delivery of IEC numbers is permitted if applicants mark "FOR HAND DELIVERY" and submit a self attested identity/address document. Delivery is limited to the person whose attested photograph is on Appendix 2A and who is the Proprietor, Partner, Director, Karta or Trustee. That person must present original documentation at the counter proving the address shown in the relevant columns of Appendix 1 A or 2 A, with accepted originals including passport, ration card, electricity or telephone bill, SSI registration, or Central Excise registration.
Compulsory pre - scrutiny system for on-line applications
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Compulsory pre-scrutiny requirement for online licence applications imposed to reduce deficiencies and expedite licence issuance.
Compulsory pre-scrutiny of online export licence applications is instituted to address frequent deficiencies in unscreened electronic submissions and to streamline the licensing process; exporters must submit hard copies of supporting documents at the designated pre-scrutiny counter and may avail same-day licence issuance where compliant.
Amendments to the SEBI (Disclosure and Investor Protection) Guidelines, 2000
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Qualified Institutional Buyers expansion permits additional investors to participate in book-built public issues under revised disclosure and lock-in rules.
Qualified Institutional Buyers are expanded to include SEBI-registered Foreign Venture Capital Investors and State Industrial Development Corporations, permitting their participation in book-built issues. Pre-issue shares held by Venture Capital Funds and registered Foreign Venture Capital Investors are exempt from the general lock-in, subject to SEBI venture capital regulations. Post-issue monitoring reports have specified three-day and final-report deadlines. Public offer thresholds are adjusted to permit net offers of at least 10% or 25% as applicable, and a formal procedure allows certain unlisted transferee companies to seek listing without an initial public offer following court-sanctioned schemes, with prescribed conditions, lock-in treatments, listing timelines and advertisement content. Research report circulation is restricted to offer-document information only.
PAYMENT OF VOLATILITY MARGINS
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Volatility margins required for outstanding sell positions; foreign institutional investors must pay end-of-day margins to brokers.
SEBI requires payment of volatility margins by institutional investors on their net outstanding sale positions at end of day; no class of investor is exempt and exchanges will announce applicable rates. Brokers must collect margins where client settlement margins exceed the prescribed threshold, and custodians are to inform their FII clients of the obligation.
14/2001 - 16-07-2001 Companies Law
Clarification on provisions of Section 224A of the Companies Act, 1956
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Special resolution requirement for auditor appointment applies when institutional holdings aggregate to threshold, regardless of category.
The Department of Company Affairs concludes that the three sub-clauses identifying institutional holders are not mutually exclusive and that holdings by institutions described in those clauses must be aggregated in any combination to determine applicability of the special resolution requirement for appointment or re-appointment of auditors when the institutional holding meets the prescribed threshold.
Exim Bank’s Line of Credit of US$ 5 million to Banque Internationale Arabe de Tunisie (BIAT)
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Line of Credit financing for exports to Tunisia: export payments supported via irrevocable letters of credit under prescribed conditions.
Exim Bank made a line of credit available to BIAT to finance eligible exports to Tunisia: contracts require Exim Bank approval, U.S. dollar denomination, a specified minimum value, and financing of up to ninety per cent of the f.o.b./c.i.f./c&f contract price. Payment terms require a ten per cent buyer advance and the balance under an irrevocable letter of credit with pre shipment inspection and inspection certificates. Negotiating banks may pay beneficiaries in Indian Rupees at spot rates and obtain reimbursement from Exim Bank in U.S. dollars subject to reserve rules; Exim Bank disclaims liability for negotiating banks. Shipments must follow GR/SDF procedures, commission rules are restricted, and directions are issued under Sections 10(4) and 11(1) of FEMA.
Amendments and Addition to DEPB Rate List
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DEPB rate amendments update export benefit rates and value caps for specified engineering and textile products.
Amendment to Appendix 28A revises DEPB rates and value caps for Product Group Engineering (Code 61), altering rates and caps for specified items and adding new engineering entries with designated DEPB percentages and per kg or per piece caps; and corrects Textile (Code 89) entry 47 to set DEPB rates for fabrics and madeups made of manmade filament and spun yarns. Issued under paragraph 4.11 of the Export and Import Policy 1997-2002 by the Director General of Foreign Trade.
Clearance of vegetable oils imported for industrial purposes at concessional rate of duty under notification No.17/2001-Cus., dated 1.3.2001 - Reg
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Concessional duty for non-edible vegetable oils allowed when testing confirms non-edible grade and industrial end-use is proven.
Imported vegetable oils qualify for the concessional rate only where they are shown not to meet PFA edible-grade standards and are actually used for industrial purposes. Customs should test samples; if nonconforming, permit provisional assessment at the concessional rate subject to a bond covering the differential duty and appropriate security; require production of an end-use certificate from the competent Central Excise authority within the prescribed period to discharge the bond and release security; otherwise initiate recovery and take action for misdeclaration where oil meets edible standards.
No Quantitative ceiling on Export of Wheat in the year 2001-2002
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Export liberalization of wheat: removal of quantitative ceilings and designation of authority to issue RCACs for exports.
Wheat exports for 2001-02 are permitted without any quantitative ceilings by exercise of powers under Paragraph 4.11 of the Export & Import Policy 1997-2002; a designated export authority will issue Registration-cum Allocation Certificates (RCACs) to implement the allocation and registration mechanism consistent with referenced ITC(HS) schedule entries.
Putting Standard Observation on Website
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Disclosure standards: mutual funds must adopt SEBI's standard observations and file revised offer documents with due diligence.
Mutual funds must incorporate SEBI's standard observations published on its website into offer documents and abridged offer documents; file a revised offer document and memorandum with a fresh due diligence certificate for SEBI's records and reproduce that certificate in the offer document; and comply with prior circular requirements. While filing revisions, funds must highlight page numbers where each observation appears and state the date of the observations as on the website; the same observations may be used for new scheme filings to expedite processing.
Subject: Tax on 15 New Services to be effective from 16.7.2001- Instructions regarding.
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Self-assessment for expanded service tax: fifteen services taxed from 16 July 2001 with designated authority and valuation rules.
Service tax on fifteen specified services takes effect 16 July 2001 with amendments introducing self-assessment, designation of authorities for registration, assessment and recovery, revised interest and penalty provisions, and rule changes including Form ST-1 PAN reporting. Annexures define the scope, taxable providers, valuation rules and exclusions for each newly taxable service and provide operational clarifications on reimbursement, composite charges, centralised billing, and which entities bear liability.
Notification No. 42/2001-CE(NT), dated 26.6.2001-procedure to be followed for export of excisable goods-
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Procedure for export of excisable goods: transitional allowance to use prior formats avoids detention of consignments.
The notification prescribes new prescribed formats-ARE-1 for exporter applications, a revised bond form, and CT-1 for indigenous duty-free removal-but treats these changes as minor procedural adjustments. Administratively, exporters may continue to follow the prior procedure and formats during the transitional period, and consignments should not be detained solely for non-use of the newly prescribed formats so long as the earlier procedure has been duly followed.
Clarification regarding treatment of tax paid under section 172(3)/(4) by a non-resident engaged in shipping business
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Advance tax treatment of shipping voyage levy affirmed; regular assessment triggers interest liability and refund interest entitlement.
Payment of the levy on each voyage by non-resident ship owners or charterers is to be treated as advance tax instalments; if the assessee opts for regular assessment under section 172(7) those payments are treated as tax paid in advance for that year. Administrative guidance denying interest consequences is withdrawn: regular assessment attracts standard interest liabilities for defaults and entitles the assessee to interest on any refund.
Extension of Brand Rate of Drawback Scheme to exports under DEPB scheme against DEPB-cum-Drawback shipping bills – regarding
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Brand rate of drawback available where DEPB exports involve cash-paid additional customs or excise duties without CENVAT relief.
Brand Rate of Drawback for exports under the DEPB scheme against DEPB-cum-Drawback shipping bills is permitted only where additional customs duty on imported inputs was paid in cash and no CENVAT/Modvat credit was availed, or where excise duty on indigenous inputs not specified in the relevant SION was paid and no CENVAT/Modvat credit was availed; the facility applies irrespective of whether the export product is dutiable or excisable.
Amendment in Handbook (Vol 1).(RE-01), 1997-2002
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Deemed export benefits extended for specified petroleum related supplies, enabling advance licences where goods are manufactured in India.
Nominated Agencies may operate airport showrooms for sale of plain and studded jewellery to foreign tourists subject to Customs procedure, a 60 day rule for unsold stock (to be exported or returned) and prescribed minimum value addition. Agencies must provide Customs countersigned sold/unsold statements, agency value certificates and Forward Inward Remittance Certificates; DTA units seeking replenishment must also submit original Customs attested invoices/shipping bills and a prescribed agency certificate. Deemed export benefits are extended to specified goods for petroleum operations, enabling Advance Licences for Deemed Export where goods are manufactured in India.
Last date of shipment/export of wheat in respect of ceiling is extended upto 31st August,2001
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Export deadline extension for wheat extends permitted shipment period under existing ceiling, amending prior public notice.
The Director General of Foreign Trade, exercising powers under Para 4.11 of the Export and Import Policy, 1997-2002, amends paragraph 2(ii) of Public Notice No.17(RE-2001)/1997-2002 to extend the last date for shipment/export of wheat under the specified ceiling to 31st August, 2001, applying to consignments governed by the relevant ITC(HS) entries and conditions.

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