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Circulars
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Levy of special additional duty of customs (CVD) @ 4% under Duty Free Credit Entitlement (DFCE) Schemes
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Special countervailing duty not payable through DFCE scrips; importers must pay cash and may claim cenvat or drawback.
Under Notifications 53/2003 and 54/2003 governing DFCE imports, the exemption does not extend to the special countervailing duty; that special duty cannot be debited against DFCE scrips and must be paid in cash, although Cenvat credit or drawback may be claimed where eligible.
Monitoring of Export obligation under Export Promotion Capital Goods Scheme- check list of Documents to be submitted for cancellation of Bond (LUT) / Bank Guarantee
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Export obligation monitoring: procedure for submitting documents to cancel bond or bank guarantee under EPCG.
Cancellation of a Bond (LUT) or Bank Guarantee under the Export Promotion Capital Goods (EPCG) Scheme requires production of the original EODC and a prescribed checklist of documents proving imports and exports and fulfilment of the export obligation. The licencee must submit a request letter, original EPCG licence, duty debit sheets, installation certificate, self attested bills of entry and shipping bills, import/export invoices or bills of lading, import and export statements showing duty saved and FOB amounts, Bank Realization Certificates, and an authorization letter for any representative; the EPCG group will verify and cancel the instrument if obligations are met.
Filing of Annual Information Return to be filed by Mutual Funds
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Annual Information Return filing requirement mandates accurate singular AIR submission by each mutual fund and correction via supplementary report.
Mutual funds must file an Annual Information Return reporting specified transactions in electronic form with PANs; common filing defects include missing/invalid PANs, incomplete names and addresses, incorrect location and transaction codes, and misclassification of parties. A single AIR is required per mutual fund (not per scheme); mutual funds are directed to verify prior-year filings and submit a supplementary information report where necessary, under SEBI's regulatory mandate to protect investor interests and ensure accurate reporting.
Withdrawal of Policy Circular No.14(RE-2006)/2004-09 dated 25/07/2006
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Recovery of customs duty on notional basis policy kept in abeyance; regional authorities to revert to prior handling.
Policy Circular No.14(RE-2006)/2004-09 proposing recovery of customs duty on notional basis for domestically sourced capital goods under EPCG Authorisations is placed in abeyance pending further deliberation; Regional Authorities must continue to handle invalidation requests and related matters as they did prior to issuance of that circular.
Implementation of the provisions of the SEZ Act, 2005 & SEZ Rules, 2006
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Overriding SEZ framework ensures SEZ Act and Rules govern excisable goods clearance from the Domestic Tariff Area under specified procedures.
The SEZ Act and SEZ Rules operate as the prevailing legal framework for SEZ activities, overriding inconsistent laws; clearances of excisable goods to SEZs must follow the Rule permitting procurement from the Domestic Tariff Area without payment of central excise, and prior SEZ customs provisions are inoperative. Until Single Agency and enforcement sections are operationalised, existing agencies and officers under relevant statutes will continue to function. Development Commissioners must demarcate processing and non processing areas and may authorize Customs officers to serve as Specified Officers. Improper accountal or non utilization of goods triggers refund of fiscal benefits and other statutory consequences.
Import of 5 lakh MTs of wheat at zero duty ( Public Notice No. 87(RE-2005)/2004-09 dated 9.2.2006)
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Zero-duty wheat import authorization extended; deadline extended and high-sea title transfer to FCI covered under trade policy.
The notification extends the import completion deadline for zero-duty wheat imports to a later specified date and declares that the earlier public notice applies where a State Trading Corporation transfers title of imported wheat to the national food agency on a high-sea sale basis, thereby bringing such transfers within the same zero-duty import regime.
Investment in ADRs/GDRs/Foreign Securities and overseas ETFs by Mutual Funds
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Foreign investment limits for mutual funds: investments allowed subject to eligibility, disclosure, dedicated management and due diligence.
Mutual funds may invest in ADRs/GDRs, overseas equity, highly rated foreign debt, AAA government securities and units of overseas funds within an aggregate industry ceiling and individual fund sub-ceilings; overseas ETFs are permitted for qualified funds meeting specified eligibility and sub-limit conditions. Funds must appoint a dedicated Fund Manager, satisfy due diligence and disclosure requirements, report performance and exposures to trustees and SEBI, and apply prescribed expense treatment for foreign fund investments.
Modification of order stated at sl. no. 3 above
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Work allocation of VAT appeals and administrative functions reassigns zone-specific appeals, objections, and enforcement responsibilities.
Addendum reallocates VAT department responsibilities among designated officers, allocating appeals and revisions and objection hearings by pecuniary band across specified zones, and assigning administrative functions such as Forms Branch, Policy, Recovery & Collection, Enforcement & Border Control, Library, Human Resource (Administration), Coordination, Finance & Accounts, and Special Zone administration to named officers.
Accounting of collection on Account of "Additional Duty of Excise on Pan Masala and certain Tobacco Product"
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Additional Duty of Excise on pan masala and tobacco: new accounting heads opened and collections to be reallocated.
Accounting instructions establish newly opened minor heads for the Additional Duty of Excise on Pan Masala and certain Tobacco products (levy effective 1-3-2005) replacing temporary booking under "Receipt Awaiting Transfer"; Commissioners must be notified to issue a Trade Notice and amounts in the RAT account must be transferred to the new heads.
State Trading Corporation transfers the title of imported wheat to Food Corporation of India on high sea sale basis
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High sea sale title transfer applies to imported wheat, extending prior public notice provisions to such transactions.
The Director General of Foreign Trade notifies that Public Notice No. 7(RE-2006)/2004-09 and Public Notice No. 18(RE-2006)/2004-09 are also applicable where title in imported wheat is transferred on a high sea sale basis to the national procuring agency, exercising powers under the Foreign Trade Policy and the Handbook of Procedures.
Clarification on applicability of service tax on real estate developers / builders – Regarding.
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Service tax on construction clarified: contractors liable for complex construction unless self-construction or small-provider exemption applies.
Where a contractor is engaged to construct a residential complex of more than twelve units, the contractor is liable to pay service tax on the gross amount for construction of complex service; if the developer performs construction solely with its own staff no taxable service arises. The small service provider exemption applies to construction of complex. Commercial complexes are taxable as commercial or industrial construction, and the service provider is generally liable, except where cross-border services make the recipient liable.
245 - 01-08-2006 VAT - Delhi
Works allocation in relation to administration, objections, appeals & revision matters
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Work allocation for administration and appeals delineates zone-specific jurisdiction and specialized functions across tax department.
Allocation of administrative and adjudicatory responsibilities assigns zone based jurisdiction for administration, appeals and revisions according to departmental pecuniary thresholds, designates officers for higher value objection hearings and multi zone appeals, and assigns specific non adjudicatory duties such as policy, human resources, finance, vigilance, law, taxpayer services, systems, audit and enforcement to named officers.
Extension of due date of filing of documents without use of Digital Signature Certificates
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Digital signature requirement: company filings must use authorized persons' DSCs under MCA21 after the extension ends.
Filings by companies without Digital Signature Certificates have been permitted until an extended cut-off to accommodate requests; thereafter all filings on the MCA21 electronic system must be submitted using the digital signatures of authorized persons, with no further extension, and authorized signatories and professionals are advised to procure at least Class 2 DSCs in advance.
Delay in clearance of human bodies at Airports- reg.
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Human remains clearance: officers urged to adopt sensitive handling and permit immediate release pending formalities to aid bereaved families.
Customs officers at airports are directed to adopt a humane and sensitive approach to handling human remains, remedying coordination failures with airlines and ground handlers. The Board mandates allowing immediate clearance pending formalities and extending all possible assistance to bereaved families to prevent avoidable delay and distress.
Amendments in Sl.No.07A under Appendix - 37A of the Handbook of Procedures, Vol.1, 2004-2009
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Oleoresins inclusion in export benefit list extends eligibility from April 2004 and sets an application filing deadline.
Amendment adds eleven specified oleoresins under entry 07A in Appendix 37A of the Handbook of Procedures (Vol. I), making those ITC (HS) chapter 33 items eligible for benefits under the Vishesh Krishi and Gram Udyog Yojana from 1 April 2004. The Director General of Foreign Trade effected the amendment under powers conferred by the Foreign Trade Policy 2004-2009 and prescribed 31 October 2006 as the last date to file applications for credit in respect of exports made between 1 April 2004 and 31 March 2005.
Amendment in Public Notice No.95(RE-2005)/2004-2009 dated 30.3.2006
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Export eligibility for sandalwood oil expanded to include merchant exporters tied to licensed extractors with auction procurement proof.
The amendment deletes the word exclusively, permits merchant exporters tied to a legal/licensed extraction unit who procured sandalwood oil via state open auctions and hold a certificate of origin in their or their firm's name to be treated as manufacturer exporters, and adds a requirement that merchant exporters submit documents evidencing extraction from the legal/licensed unit; issued under paragraph 2.4 of the Foreign Trade Policy, 2004-2009.
Amendment in Schedule 2 of the Book Titled 'ITC (HS) Classifications of Export and Import items, 2004-2009
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Export authorisation for sandalwood oil required under strict procurement, verification and documentary conditions before DGFT issuance.
Allocation and export of Sandalwood Oil are restricted to Tamil Nadu Forest Plantation Ltd. and private purchasers from it, permitted only against an Authorisation Letter issued by DGFT per Exim Facilitation Committee decision; Authorisation Letters are valid for one year with no revalidation and exports from imported sandalwood are prohibited. Applications require an Aayaat Niryaat Form, confirmed export order/irrevocable letter of credit, Legal Procurement Certificate/Certificate of Origin from the Principal Chief Conservator of Forests in prescribed format, and a Certificate of Physical Verification with transit permit or Railway Receipt; originals must be produced for DGFT endorsement.
Maintenance of collateral by Foreign Institutional Investors (FIIs) for transactions in derivative segment
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Foreign sovereign securities as collateral permitted for FII derivatives transactions, subject to SEBI guidelines and RBI approvals.
FIIs are permitted to offer foreign sovereign securities with AAA rating as collateral to recognised stock exchanges in India for derivatives transactions; SEBI will issue operational guidelines and recognised exchanges must secure any necessary approvals from the Reserve Bank under the Foreign Exchange Management Act. Amendments to the relevant FEMA regulations will be issued and Authorised Dealer Category I banks should inform their constituents. Directions are issued under sections 10(4) and 11(1) of FEMA, 1999.
Issuance of a new IEC application form
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Importer Exporter Code application process: new mandatory application and bank certificate formats, phased transition and revised documentation and fee requirements.
The Public Notice mandates a new consolidated application and bank-certificate format for the Importer Exporter Code (IEC), replacing prior formats and prescribing Parts A-D for new issuance and modification. It sets documentary and fee requirements, banker attested identity and photograph rules, entity specific supporting evidence for modifications, a declaration/undertaking covering compliance and non default certifications, and a limited transitional period during which both old and new forms are accepted before exclusive use of the new format.
Addition of new para 2.8 (v.a) in the Handbook of Procedures, Vol.I, 2004-2009
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Border trade facilitation allows limited value consignments through specified border ports subject to a consignment value limit.
The Handbook of Procedures (Vol. I) is amended by adding para 2.8(v.a) and a new Sl. No.12 under para 2.8(vi) to permit persons to import/export permissible goods to/from China through Gunji, Namgaya, Shipkila and Nathula ports, provided the CIF value of a single consignment does not exceed the prescribed limit; a new code number and category entry is created to classify such importers/exporters.

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