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Circulars
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Delayed, incomplete or incorrect filing of Import Manifest of Import Report Amendment of Import General Manifest
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Import General Manifest amendment requires specified documentary proof and places amendment responsibility on the shipping line.
Amendments to the Import General Manifest will be allowed only upon submission of specified documentary proof to Import Noting Section, including an explanation letter, original or attested Bill of Lading, signed invoice and packing list, manifest corrector and load port message from the overseas counterpart, IEC copies for consignee changes, CHAs' letters where applicable, IGM printout indicating Bill of Entry status, and revenue-group reports or NOCs when commodity description or filed Bills of Entry are affected.
Corrigendum to Order no. 9747-51 dated 06-08-09
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Pecuniary limit reassignment reallocates jurisdiction for VAT matters and confines DVAT objection hearings to specified zones.
The corrigendum reallocates the Deputy Commissioner's responsibilities so the pecuniary limit upto Rs.50,000 under the DST Act and CST Act applies to Zone IV, Zone V (Ward Nos. 49-51), Zone VI and KCS, while objections hearings under the DVAT Act 2004 for that pecuniary limit are confined to Zone VII and Zone VIII; other order contents remain unchanged.
Import General Manifest (IGM)-Documents necessary to be submitted for amendments
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Import General Manifest amendment requirements require documentary evidence and place amendment responsibility on shipping lines.
The notice requires submission to the Import Noting Section of specified documents to verify genuineness of major IGM amendment requests: explanation letter from the shipping line/agent; original/attested Bill of Lading; signed invoice and packing list; manifest corrector and load port message; revenue-impact report for commodity changes; IEC copies for consignee name/address amendments; NOC if Bill of Entry filed; CHA authorisation letter when applicable; IGM printout showing Bill of Entry status; and where Bill of Lading number changes, master BL stamped surrendered with original consignee in HBL. Responsibility for amendments remains with the shipping line.
Export of factory stuffed containers — Port entry to be permitted after LEO w.e.f. 1-10-2009
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Export of factory stuffed containers: port entry allowed only after Last Export Operation under new procedural directive.
Export procedures permit port entry of factory stuffed containers only after completion of the Last Export Operation (LEO); the procedures in Public Notice No. 52/2009 are to take effect from 1 October 2009 and will govern port entry thereafter.
Refund of SAD paid through duty credit scrips — Procedure
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Refund of Special Additional Duty re-credit to relevant scrips via EDI reassessment under CRC oversight and post-audit.
Refund of Special Additional Duty paid through duty credit scrips will be disbursed by re-crediting the sanctioned refund amount to the relevant scrip; because EDI does not permit direct re-credit, officers must amend EDI bill of entry entries or reassess B/Es (including cancelling out-of-charge, recalling B/E, removing SAD and issuing dummy out-of-charge) so the appropriate amount is re-credited, and refund files with scrip extracts must be forwarded to IAD/CRA for post-audit.
Foreign Currency Account by diplomatic missions - Credit of Visa Fees
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Visa fee transfer permission lets diplomatic missions credit foreign currency accounts via rupee-to-foreign account transfers.
Credits to foreign currency accounts of diplomatic missions are limited to (i) proceeds of inward remittances received from outside India through normal banking channels and (ii) transfer of funds from the mission's rupee account in India that comprise visa fees collected in India, permitting diplomatic missions to transfer collected rupee visa fees into their foreign currency accounts.
Procedure for consideration of operational issues regarding SEZs.
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Single Window Mechanism for SEZ approvals centralises operational issues to Unit Approval Committees and Department of Commerce.
Operational governance of Special Economic Zones is to be exercised through the established approval architecture rather than through separate interventions by individual central departments. Local Unit Approval Committees and a central Board of Approval, with departmental representation, function as a Single Window Mechanism. Unresolved issues at the Committee level are to be referred to the Department of Commerce as the nodal agency for decision by the Board of Approval.
SEZ Online Project
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Mandatory online filing for SEZ applications required; developers and units must register with the designated service provider.
The Department of Commerce has contracted a designated service provider to implement the SEZ Online Project, an integrated e governance platform for SEZ administration; once operational, all applications and transactions must be submitted through the online system and SEZ Developers and Units are required to register with the service provider.
Compliance with Regulation 16(8) of SEBI (Portfolio Managers) Regulations, 1993.
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Regulation 16(8) compliance: freeze non compliant client portfolios, permit only sales/transfers, and require records retention.
Portfolio managers must freeze portfolios of clients non-compliant with Regulation 16(8), disallow fresh purchases for such clients, permit sales and transfers from frozen portfolios to the client's account, and may accept new clients only subject to these measures. Services may be discontinued after three notices to uncooperative clients with securities/funds returned, and client-wise records must be retained for eight years.
Commissioner of Customs (Adjudication), Mumbai assigned specified SCN for adjudication
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Assignment of show cause notice to adjudication authority enables administrative adjudication of import-related allegations.
The Board, invoking the notification under the Customs Act, assigns a specified Show Cause Notice issued by an investigative wing to the Commissioner of Customs (Adjudication), Mumbai, transferring responsibility to that adjudication authority to conduct proceedings and determine statutory liability under customs law.
39 - 09-09-2009 Income Tax
Enhancement of OLTAS- Allowing Inspectors of field formations to claim outstation challan lying in suspense at other RCCs/CC - matter regarding
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Outstation suspense challan claims permitted with role-based verification and routing to PAN/TAN RCC after verification.
The instruction permits users with the AR_TAS_INS role to claim outstation suspense challans at other RCCs/CC for prior years when CIN, amount and major head are known; inspectors may populate PAN/TAN only for their RCC/CC. Tiered verification applies by value, with higher-value cases requiring AO or Additional/Joint CsIT with AR_DC_ADMIN role. Upon claim and verification, challan data is routed to the PAN/TAN RCC for assessment and inclusion in collection reports.
Import of waste paper
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Import of waste paper: pre-notification consignments to follow environmental notification conditions, aligning trade and compliance.
Import of waste paper consignments shipped prior to the effective date of the Ministry of Environment and Forests notification are to be governed by the conditions set out in that notification, and licensing authorities and customs commissioners must treat those consignments accordingly.
Amendments in HBP v1 (including Appendices and ANFs)
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Export product listing amendment expands market-linked focus products and adds FPS product codes, noting safety matches export effective date.
Amendments insert market-linked focus-product entries into HBP v1, adding passenger motor cars, goods vehicles (with a subheading exclusion), and pumps for liquids with specified ITC (HS) codes and linked export markets. Additionally, three FPS product-code entries are added: parts for soldering/brazing/welding machinery (84689000), parts for brazing/soldering/welding machines (85159000), and safety matches (36050010), with the safety-matches entry made applicable for exports with effect from the stated date.
Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement
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Dematerialization requirement enables shifting securities from trade-for-trade to rolling settlement upon majority demat holdings and certification.
Shifting securities from Trade-for-Trade Settlement to normal Rolling Settlement is permissible where companies have connectivity with both depositories and at least half of non promoter holdings are in dematerialized mode, certified by the RTA or, if no separate RTA exists, by a practicing Company Secretary or Chartered Accountant; exchanges must ensure no other grounds exist for maintaining Trade for Trade and report the action in the Monthly/Quarterly Development Report.
Getting the original PAN Card verified for issue/amendment of IEC regarding
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PAN verification requirement: IEC applicants must present original PAN for in-person officer verification before IEC issue.
Applicants for fresh IEC or IEC amendment must bring the original PAN card and have it physically verified by an officer in the IEC section (verification to be done in the second half of the working day); the office will not issue or amend IEC until such in-person PAN verification is completed.
Clarification on whether import, re-melt, re-make and export of imported finished jewellery is an authorized activity in SEZ
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Import and remaking of jewellery authorised in SEZs; permitted for units with manufacturing LOA and includes re imports.
Import, re-melt, re-make and export of imported finished jewellery are authorised manufacturing activities in an SEZ where the unit holds a letter of approval for manufacturing jewellery; the term import expressly includes re-import of exported jewellery.
Corrections / amendments in HBPv1 (including Appendices and ANFs)
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Corrections to Foreign Trade Policy update product listings, table references and numbering, altering appendix entries and export applicability.
Amendments add specified commodity codes to Appendix 37D, delete and replace entries in Table 1 of Appendix 37A, correct a table cross-reference by changing a referenced table designation, and renumber the Value Added Extract subheading in Table 1F of Appendix 37A; the changes apply to exports from the stated effective date and are issued as a public notice.
Allocation methodology of debt investment limits to FIIs
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Investment limit allocation: government debt allocated by bidding then FCFS, subject to per-entity caps and utilisation window.
Allocation of unutilised government debt limits to FIIs occurs via a bidding allocation on the National Stock Exchange on September 8, 2009 with a per-entity cap of Rs. 800 crore; residual government debt is allocated on a first come first served basis under SEBI's January 31, 2008 process with a per-entity ceiling of Rs. 249 crore, requests to be sent to the dedicated SEBI email, the FCFS window opening at 23:59 IST on September 9, 2009 and utilisation required within 11 working days.
Consolidated list of default authorized operations which can be undertaken by the developer/ approved co-developer by default from the date of notification - Reg.
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Authorized operations in SEZs expanded to permit developers to provide specified infrastructure and services from notification date.
The notification expands the consolidated list of default authorized operations that developers and approved co-developers of SEZs may undertake from the date of notification, allowing duty-free materials for those operations subject to government guidelines; activities not on the list require prior approval of the Board of Approval. The Annexure enumerates core infrastructure and common facilities for all SEZs and lists additional sector-specific authorized operations for IT/ITES, biotechnology, gems and jewellery, handicrafts, non-conventional energy, port/airport or service SEZs, Free Trade and Warehousing SEZs, and Multi Product SEZs.
Amendments in Handbook of Procedures Vol I
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Amendment to Handbook of Procedures designates finance ministry notifications as the relevant references for FTP sub para 6.9(e).
Amendment to the Handbook of Procedures adds a provision in Appendix 14-I-H designating specific Finance Ministry notifications as the relevant references for application and interpretation of sub para 6.9(e) of the Foreign Trade Policy, issued under paragraph 2.4 and promulgated by the Director General of Foreign Trade to clarify applicable notifications for compliance and implementation.

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