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Circulars
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Distribution of work amongst various sections of the CBEC
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Work allocation in tax administration: standardized sectional responsibilities to ensure correct routing and expedite technical policy matters.
The Circular prescribes a detailed allocation of responsibilities among CBEC Sections for tariff classification, legislation, valuation, exemptions, service tax and customs procedures, enforcement, litigation oversight, international customs matters, drawback and export schemes, and related administrative tasks. It directs strict adherence to these distribution norms, requires technical references to specify the appropriate Policy Section to prevent misrouting and delays, notes that the Tax Research Unit is overburdened by misplaced technical queries, and instructs circulation and acknowledgement of the work distribution to field formations and responsible officers.
Applicability of the provisions in respect of income paid or credited to a member of co-operative bank
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TDS exemption for co-operative bank members: interest on deposits received without withholding, subject to qualifying membership.
Section 194A exemption permits a member of a co-operative bank to receive interest on both time deposits and deposits other than time deposits without TDS; clause (viia) applies only to non-member depositors for interest on deposits other than time deposits. The member exemption is confined to members admitted per registration and bye-laws who have subscribed and fully paid at least one share, have voting/participation rights in general meetings, and are entitled to share in profits.
Full exemption from customs duty to goods imported for the Computerized Inventory Control Project of the Ministry of Defence- reg
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Customs duty exemption: accept Major General-signed certificates as equivalent to Joint Secretary for defence imports eligibility.
Full customs duty exemption for specified defence imports is available on production of a duty exemption certificate; certificates signed by a Major General must be accepted because the warrant of precedence equates that rank to a Joint Secretary, the prescribed signatory for the exemption.
Order, - 09-09-2002 Companies Law
Section 10E(4B) of the Companies Act, 1956, read with regulation 4 of the Company Law Board Regulations, 1991 - Constitution of Company Law Board Benches
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Constitution of Company Law Board Benches allocates matters to Principal, Regional and Single Member benches with territorial jurisdiction.
Constitution of Company Law Board benches assigns corporate reorganisation, revival, winding up and Chapter VI matters to a Principal Bench and an Additional Principal Bench at Chennai with named Members; interlocutory and miscellaneous applications may be heard by a Single Member. The Additional Principal Bench's territorial jurisdiction covers specified southern States and Union Territories. Regional Benches handle certain listed provisions while Single Member benches at Regional Benches deal with other Companies Act matters and specified Reserve Bank matters. Benches may sit anywhere in India and may refer matters to the Principal Bench for joint consultation.
Restoration of excise exemption to the hand processing sector and restoration of SSI exemption for ball & roller bearing industry
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Excise exemption restored for hand processing and SSI concession reinstated for ball and roller bearing industry.
Restoration reinstates duty-free treatment for woven fabrics processed under specified processes in factories without facilities for bleaching, dyeing or printing by power or steam, covering basic and additional duties, and removes levy and deemed credit provisions for open-air stentering; it also restores general SSI exemption eligibility for the ball and roller bearing industry, treats prior clearances as part of the exemption limit computation and precludes refunds for clearances on which duty was paid before restoration.
Endorsement of Customs Notification No.43/2002 dt.19.4.2002
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Endorsement change for advance licences: licences may be amended to reflect the notification dispensing with DEEC Books.
Advance licences issued with endorsement of Customs Notification No.50/51/2000, despite discontinuation of DEEC Books under the Exim Policy from 1.4.2002, may be amended at the request of the licence holder to endorse Customs Notification No.43/2002 (dtd.19.4.2002) where licence holders face difficulties with customs, aligning endorsements with the notification that dispensed with the DEEC Book requirement.
Market verification for ascertaining the present market value under DEPB Scheme and admissibility of DEPB credit-reg
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Present market value rule: DEPB credit based on market value when declared FOB exceeds market value; fraud investigations permitted later.
Where declared FOB exceeds the present market value as declared by the exporter or ascertained by Customs, the present market value shall be the basis for allowing DEPB credit; this applies to all export products regardless of DEPB rate. Verification of present market value must be conducted by the Special Intelligence & Investigation Branch, with enquiries completed within thirty days, extendable up to ninety days by the Commissioner and further extendable for fraud after recording reasons. Fraud, collusion, wilful mis-statement or suppression cases may be opened within a five-year period and recovery notices issued.
Evidence of Import
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Evidence of import requirements: authorised dealers must secure documentary proof and submit half yearly import reports.
Authorised dealers must obtain prescribed documentary evidence for import-related foreign exchange remittances above the revised threshold and rigorously follow up on non-submission, forwarding a half-yearly Form BEF to the Reserve Bank with details of such transactions. For remittances below the higher secondary threshold, dealers may accept the Exchange Control copy of Bill of Entry or a CEO/Auditor certificate confirming import where the importer is a listed company meeting a net worth criterion or a Public Sector/Government undertaking.
R-Return and Guide to Authorised Dealers for compilation of R-Returns – Submission of A1 and A2 forms –Discontinuation of
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Foreign exchange reporting: Submission of low value A1/A2 forms discontinued, altering authorised dealers' R return obligations effective immediately.
Submission of A1 and A2 forms with R Returns for payments below the equivalent of Rs.5,00,000 for all types of foreign exchange transactions may be discontinued; authorised dealers are to submit R Returns in the revised manner for the fortnight ending August 31, 2002 onwards. The directions are issued under the Foreign Exchange Management Act, 1999, under Section 10(4) and Section 11(1).
Exemption from Customs and Central Excise Duty to Water Treatment Plants
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Exemption from customs and excise duties for potable water treatment plants covers machinery and specified pipes subject to local certification.
Exemption from Customs and Central Excise duties is extended to water treatment projects supplying potable water for human or animal consumption. Customs treatment allows assessment as project import with nil duties for machinery, equipment and components including CKD/SKD, subject to district-level certification; industrial water plants are excluded. Central Excise grants full exemption for machinery and for pipes conveying raw water to the plant and treated water to storage, but not for pipes from storage to points of consumption, conditional on the same certification.
Export of goods and services against repayment of State Credits granted by erstwhile Soviet Union
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Reimbursement claim deadline for exports against State Credits shortened; late claims accepted only on fresh foreign confirmation.
Authorised dealers must lodge reimbursement claims for exports against repayment of State Credits so that documents negotiated within LC validity reach the Reserve Bank of India, Deposit Accounts Department, Mumbai, within the newly prescribed 27 working day lodging period from the date of expiry of the LC, excluding days when the Mumbai office is closed; claims received after that period will be processed only on receipt of fresh confirmation from the Bank for Foreign Economic Affairs.
Classification of Chenille Fabrics
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Predominance rule: chenille fabric classification follows the composition of chenille yarn, determining applicable tariff headings.
Classification of chenille fabrics depends on the composition of the chenille yarn that produces the pile surface; the ground fabric is disregarded. The predominance factor governs: chenille yarn predominantly of wool or fine animal hair, cotton, or man-made fibres leads to classification under the respective wool, cotton, or man-made-fibre chenille subheadings, while chenille yarns of other textile materials classify under the residual chenille subheading. Processed chenille fabrics follow the corresponding processed subheading.
Central Excise (Removal of Goods under Concessional Rate of Duty) Rules, 2001 and Board's Circular No.617/8/2002-CX, Dt. 6.2.2002
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Concessional removal of goods allowed after partial processing or other operations when permitted by the Commissioner to protect revenue.
Goods removed under the concessional removal rules may be allowed to be taken outside the factory either as such or after partial processing for test, repair, refining, reconditioning or any other operations necessary to complete the industrial process and returned thereafter for further use; such removal may be permitted by the Commissioner by exercising his powers under the central excise rules, subject to safeguards to protect revenue, and the prior Board circular is modified accordingly.
SMD Circular No. 21 dated September 04, 2002
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Close-out pricing rule sets an average traded price reference and allows exchanges to set bank guarantee tenure.
Exchanges are authorized to determine the tenure of bank guarantees deposited by members for Base Minimum Capital and Additional Capital. For indefinitely suspended or delisted scrips, the close-out valuation uses the average traded price over a prior period as the reference price and applies a fixed close-out mark up to that reference for settlement.
Drawl of the amount earlier credited to Consumer Welfare Fund – Expeditious disposal to prevent interest liability
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Timely refund processing from the Consumer Welfare Fund to prevent accruing interest liability on delayed repayments.
Refunds credited to the Consumer Welfare Fund must be processed promptly to avoid interest liability. Commissioners must forward approved refund requests to payment authorities within three days, and payment authorities are to process refunds under a monitored timetable aimed at effecting payment within a month; unresolved cases should be escalated to the accounts controller with full details.
Committee of Governing Board of Stock Exchanges For Monitoring Compliance of SEBI Inspection Report
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Committee formation for monitoring compliance: exchanges must create subcommittee to review and approve SEBI inspection compliance reports periodically.
A subcommittee of each exchange's governing board must be formed, composed of the Executive Director/Managing Director, two public representatives, one SEBI nominee and one broker representative, to review and approve actions taken on SEBI inspection reports; the subcommittee must meet regularly and its reports must be presented to the exchange board prior to sending compliance reports to SEBI.
Independent Directors on Boards of AMCs and Trustee Companies
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Independent director independence: professional service providers and material pecuniary ties treated as associates, requiring reclassification and disclosure.
Persons providing professional services to, or having material pecuniary relationships with, a mutual fund, AMC, trustee company or sponsor shall be treated as associate directors and not independent. Trustees must assess materiality of pecuniary ties. Existing directors must be classified as independent or associate and SEBI informed if board composition fails to meet independent-director requirements, with proposed remedial steps. The director bio-data format must add queries on professional services and pecuniary relationships, include an independent-director declaration on absence of material pecuniary ties, and the cooling-off provision applies.
20/2002 - 29-08-2002 Companies Law
Amendment in Schedule XIII to the Companies Act, 1956
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Amendment to Schedule XIII: Notification forwarded to regional directors and registrars, requiring circulation and acknowledgment.
Notification G.S.R. 565(E) dated 14.08.2002 amending Schedule XIII to the Companies Act, 1956 is circulated by the Department of Company Affairs to all Regional Directors and Registrars of Companies, with directions for circulation and a request to acknowledge receipt; the communication serves as an administrative transmission to bring the amendment to the attention of enforcement and registration authorities.
Time bound arbitration proceedings
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Time-bound arbitration: arbitral awards must be made within three months, with limited extensions and exceptional adjournments.
Stock exchanges must adopt a byelaw requiring arbitral tribunals to make awards within three months from the date they enter upon the reference, deemed the date of the first hearing. The three month period may be extended up to three times by the Managing Director or relevant authority, or on application by a party or the tribunal. Any further adjournments are permissible only in exceptional, bonafide circumstances with reasons recorded in writing. Exchanges are instructed to implement this requirement immediately.
Revised format for New Scheme Report
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New Scheme Report format updated: submit revised report including modified Clause V; quarterly movement reports discontinued.
SEBI withdraws the requirement to submit quarterly statements of movement in net assets and mandates submission of the revised New Scheme Report format, incorporating a modified Clause V. The revised template requires scheme identification, subscription and allotment particulars (including initial issue expenses and listing information), refund dispatch date if applicable, and a detailed unit holding pattern with category-wise holdings and largest unitholders' details.

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