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Circulars
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Exemption from income tax to disability pension, i.e. "disability element" and "service element" of a disabled officer of the Indian Armed Forces.
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Disability pension tax exemption reaffirmed: entire disability and service elements remain exempt from income tax.
The Board reiterates that the entire disability pension payable to a disabled officer of the Indian Armed Forces, comprising both the "disability element" and the "service element", continues to be exempt from income tax and directs officers to circulate this clarification to ensure uniform application.
Export of Organic Products-Last date extended upto 1.10.2001
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Extension of export deadline for organic products amends prior public notice under export-import policy authority.
The Director General of Foreign Trade, under Paragraphs 4.11 and 11.1 of the Export and Import Policy, 1997-2002, amends Paragraph 2 of Public Notice No. 19(RE-2001)/1997-2002 to state that the provision will be effective from the first day of October, 2001; the amendment is issued in public interest and was later superseded by Public Notice No. 72/2003.
Filing of extra copy of S/Bill marked MPEDA copy for export of Marine Products
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Agency-marked shipping bill requirement: exporters must submit an attested extra copy for agency retention and verification.
Exporters and CHAs must submit an extra agency-marked shipping bill copy bearing the shipping bill serial number, the appraiser/examiner's initials and date, pasted to the invoice and attested by the appraiser/examiner; short shipments must be endorsed on the shipping bill and notified to the designated agency. The export department will retain the agency-marked copy with the original GR form and original shipping bill for periodic agency collection against acknowledgement.
Amendments/modifications and additions in the SION
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Standard Input Output Norms updated: SION entries amended and new product specific input allowances established for exports.
Amendments modify the Standard Input Output Norms in Handbook of Procedures Vol.2 by deleting, substituting and adding SION entries and correcting import item descriptions and allowed input quantities across Chemicals, Engineering, Food, Plastic and Miscellaneous products. Annexure A records targeted corrections and substitutions to existing norms; Annexures B-F introduce new SION entries with detailed lists of permitted import inputs and quantitative conversion norms. The notice also substitutes Engineering Table 3, revising thickness and zinc coating ranges for CR/GP GC sheets/strips/coils and codifies alternative inputs, conditional allowances and net to net provisions governing import entitlement against exports.
ISSUE OF LICENCES ON THE SAME DAY
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Same-day licence issuance: expedited pre-scrutiny lets exporters obtain specified licences after same-day verification and correction.
Expedited same-day licence issuance permits pre-scrutiny and immediate issuance of IECs, DFRCs, DEPBs, Advance Licences and Diamond REP Licences; applicants must normally hold an office enrolment number, are limited to two same-day submissions per counter, and DEPB/DFRCs considered for same-day issue must have no more than ten shipping bills. Applications must be submitted in the designated morning window, will be scrutinised and either returned with deficiencies or handed over after verification the same day; minor corrections and IEC modifications may be processed similarly. Other applications follow normal processing timelines with file numbers available the next afternoon.
Central Excise- Export Warehousing -Specifying conditions, procedures, class of exporters and places under sub-rule (2) of rule 20 of Central Excise (No.2) Rules, 2001 read with Notification No. 46/2001-Central Excise(N.T.) dated 26th June, 2001
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Export warehousing procedure extends nil-duty storage to specified exporters, prescribing bonds, registration, running bond accounts and interest on diversion.
The circular prescribes application of Notification No.46/2001-CE(N.T.) to specified exporters and places, extends export-warehousing to all scheduled excisable goods (with nationwide registration for petroleum products), and mandates registration under rule 9, execution of a B-3 general bond with 25% security, and maintenance of a Running Bond Account. It sets procedures for issuance of CT-2 certificates, conversion of provisional debits to actual debits upon ARE-3/ARE-1 proof of export, random verification of receipts, controls on packing/labeling/manufacture, rules for diversion to home consumption with duty and interest, and provisions for waiver of physical warehousing and officer accommodation.
Central Excise -Planning of Internal Audit for covering in this financial year all units paying duty Rs. One crores and above by EA-2000 -Reduced frequency and selective audit for other units -Instructions
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Mandatory annual audit for high-duty units; reduced frequency and risk-based selection for lower-duty units, with redeployment and training requirements.
Mandatory annual audit coverage is required for all units in the highest duty band, with sufficient EA-2000 audit teams constituted, including redeployment of staff to ensure complete coverage by year-end. Intermediate-band units should be audited normally once in two years, selected by risk factors such as commodity risk, exemption patterns, valuation and trade patterns, CENVAT and revenue trends. Audit of the smallest duty band is limited to a maximum of twenty percent of units in a Commissionerate, selected on similar risk-based criteria. Training for Audit Wing staff and monitoring with compliance reporting to the Board are mandated.
Index based market wide circuit breaker in compulsory rolling settlement
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Index based market wide circuit breaker triggers staged trading halts, requires real time index data and scrip price band limits.
An index based market wide circuit breaker mandates coordinated staged trading halts across equity and equity derivative markets triggered by movement in either the BSE Sensex or NSE S&P CNX Nifty, with earlier breaches determining activation. Absolute point equivalents for thresholds are recalculated quarterly from the quarter end closing level and rounded to index specific increments. Exchanges must provide and access real time Sensex/Nifty data free. Individual scrip wise price bands apply in compulsory rolling settlement except for scrips linked to derivatives, while existing bands remain for other scrips.
Payment of Annual Fees of Sub Brokers
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Annual fees transmission procedure requires exchanges to collect sub-broker fees and forward consolidated drafts fortnightly.
Exchanges must collect sub-broker annual fees and forward consolidated pay orders/drafts to SEBI fortnightly, with a hard copy and an Excel CSV soft copy listing: sub-broker name, SEBI registration number, recommending broker, financial year, principal amount, interest if any, and total amount, using the prescribed format to ensure prompt crediting and reconciliation.
Indo-Sri Lanka Credit Agreement dated January 29, 2001, for US$ 100 million
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Line of credit financing requires letters of credit to be largely reimbursed by credit while importers pay a direct portion in US dollars.
India extended a multiyear line of credit to Sri Lanka for specified imports from India. Disbursements are by letters of credit opened by Sri Lankan banks and advised to the State Bank of India, New Delhi, which will reimburse the major share of the f.o.b. value after verifying that the importer's required direct payment in U.S. dollars has been received; claims must be supported by a negotiating bank certificate and the L/C must include the prescribed reimbursement clause.
Sec. 37B order - Service Tax — Services rendered in respect of merger and acquisition are taxable se
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Management consultant services for mergers and acquisitions are taxable when they provide advisory or management assistance.
Advisory and support services that facilitate merger, acquisition or organisational restructuring-including strategic review, valuation, due diligence, deal structuring, financing advice, regulatory compliance assistance, negotiation support and post acquisition integration-constitute services in connection with the management of an organisation and therefore fall within the scope of taxable services provided by a management consultant, subject to an exclusion for purely statutory compliance roles that do not involve contractual advisory functions.
DE benefits for Eastern Region System Co-ordination and Control Transmission Project under para 10.2 (d) of Policy
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Deemed export benefits withdrawn if external loan for ERSC&C transmission project fails; Power Grid must return benefits.
Amendment conditions the availability of deemed export benefits for the ERSC&C Transmission Project on receipt of the project loan; if the external loan fails to materialise, no deemed export benefits shall be available and Power Grid Corporation must return any such benefits availed under transitional arrangements.
Withdrawal of restriction on Securities Lending Scheme, 1997
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Withdrawal of securities lending restriction restores full operation of the scheme after transition to rolling settlement.
The circular withdraws prior restrictions on the Securities Lending Scheme, 1997 that had confined applicability to ALBM and BLESS transactions and required return of securities borrowed otherwise; the withdrawal is effective with the commencement of rolling settlement and follows the discontinuation of deferral products, thereby restoring broader applicability of the Scheme.
Procedure governing the movement of goods which warehousing provisions have been extended
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Warehousing procedure: documentation and certificate rules govern removal and liability for excisable goods under extended warehousing provisions.
Movement of excisable goods under extended warehousing provisions requires Commissioner specified warehouse registration and a quadruplicate removal application with an invoice; prescribed copies accompany consignments and must be filed with Superintendents within twenty four hours. Consignee verification and Superintendent countersignature procedures are mandated. Failure to receive a duly endorsed warehousing certificate within ninety days (or extended period) exposes the consignor to duty liability, with a structured reminder and escalation process culminating in recovery if satisfactory proof of receipt is not secured.
Withdrawal Of Restriction On Short Sales
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Restriction on short sales lifted; sellers no longer required to back sales with prior purchases effective from rolling settlement start.
The circular withdraws the prior requirement that all sale transactions be backed by delivery or be preceded by an equivalent purchase in the same client's name. The restriction on short sales is rescinded effective July 02, 2001, coincident with the introduction of rolling settlement and the removal of deferral products such as ALBM, BLESS, MCFS and CNS.
Service Tax — Formation of Special Service Tax Cell in all the divisional offices
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Service tax cell establishment centralises registration, return scrutiny, payment follow up and compliance assistance at divisional offices.
Formation of a Special Service Tax Cell in each divisional office to centralise administration of service tax matters, headed by a Superintendent under the Divisional Deputy Commissioner/Assistant Commissioner, responsible for registration of new assessees, receipt and scrutiny of service tax returns, and follow up on payment or non payment; all existing and prospective assessees must correspond with the divisional Cell and file returns and statements at the relevant divisional office, which will also provide guidance and assistance on procedural and compliance matters.
Fixation of quantity ceiling for export of wheat
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Export quantity ceiling fixed for wheat; APEDA designated to manage registration and allocations under export policy.
Fixation of a quantity ceiling of fifty lakh metric tonnes of wheat for the financial year 2001-2002 under Paragraph 4.11 of the Export & Import Policy 1997-2002, and designation of APEDA to issue Registration-Cum-Allocation Certificates (RCACs) to implement the allocation and registration control over wheat exports.
All Industry Rates of Drawback, 2001-2002 – Amendment –regarding
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Drawback rates revision allows retrospective adjustment and supplementary claims for revised textile and handicraft categories.
Revised All Industry Rates of Drawback for 2001-2002 apply retrospectively from 7.6.2001 to select textile, garment, knitwear and handicraft categories; exporters paid lower rates may file supplementary claims and provisional exports may be finalized under the revised rates. Garment and knitwear entries are to be given a liberal interpretation and exporter product descriptions accepted unless substantive evidence rebuts them; public notices and standing orders should be issued to inform trade and staff.
Risk containment in the Rolling settlement
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Value at Risk margin: rolling settlement mandates VaR based margins, additional volatility surcharge, and gross margining across cash market.
Introduction of a Value At Risk (VaR) based margin framework for securities in the compulsory rolling settlement: exchanges must compute scrip wise VaR and index based VaR and apply the higher as margin (multiplier not less than 1.75, capped at 100%), collect VaR margins on T+1 alongside mark to market margins, apply an additional 12% surcharge for extreme events, disseminate daily VaR data, and maintain existing capital and exposure norms.
Deferral Products in the Rolling settlement and Introduction of Uniform Settlement Cycle
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Deferral products removal triggers compulsory liquidation and adoption of uniform settlement cycle pending rolling settlement expansion.
All deferral products are withdrawn except under a transitional mechanism requiring phased compulsory liquidation of outstanding and subsequently taken deferred positions, with no new deferred positions permitted after the secondary cutoff; exchanges must monitor member positions and publish phased liquidation plans. Expansion of rolling settlement will bring additional scrips into compulsory rolling settlement, and securities not yet in compulsory rolling settlement will trade on a uniform settlement cycle across exchanges during the interim period.

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Acts Income Tax