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Circulars
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Issue of shares to NRIs/OCBs on rights basis
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Non-resident share subscription permitted on rights basis, allowing additional allotments subject to sectoral cap and existing conditions.
Non-resident shareholders may apply for and be allotted additional equity shares, preference shares or convertible debentures beyond their rights entitlements on the same basis as resident shareholders, provided that total foreign investment in the company's paid-up capital remains within the applicable sectoral cap; all other terms and conditions of the existing rights-issue regulation remain in force.
Extension of Stay by CEGAT/CESTAT beyond 180 days
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Extension of stay powers under Section 35C(2A): Tribunal may extend interim stays and High Court references urged.
Whether the Tribunal can extend interim stays beyond 180 days after insertion of Section 35C(2A) is considered: stays made before 11.05.2002 remain valid until disposal and are not affected by the proviso, while stays made after that date may be extended by the Tribunal on application. The Board, after legal advice and noting existing SLPs, directed filing Reference Applications or appeals under Section 35H in jurisdictional High Courts-before 01.07.2003 by Reference Application and on/after 01.07.2003 by appeal-and instructed Commissioners to take action.
Levy of excise duty on readymade garments on the basis of Retail Sale Price (RSP)
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Retail sale price valuation: manufacturers need not declare RSP for garments cleared in bulk; transaction value applies.
Valuation for excise on readymade garments depends on whether RSP is required and declared: RSP based valuation and related tariff measures apply only to pre packaged retail commodities subject to Standards of Weights & Measures rules. Garments cleared in bulk or unpacked by the manufacturer need not carry or have RSP declared at factory clearance, and in such cases valuation follows transaction value; subsequent packing or labelling by dealers may invoke package rules but does not impose RSP declaration obligations on the manufacturer.
Review of DEPB rates and submission of fresh data
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DEPB data submission deadline extended; representative export data accepted and fewer copies required under amended filing instructions.
Extension of the submission deadline permits Export Promotion Councils additional time to consolidate and forward representative export data for DEPB rate review. Representative data-covering about sixty to sixty-five percent of total exports under a DEPB entry-is acceptable so long as councils are satisfied as to its representativeness. Administrative amendments reduce the number of copies of the data sheet to be submitted and correct the filing instruction reference from "Appendix I-A" to "Appendix 2".
Evidence of Import – Liberalisation
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Evidence of Import requirements raise verification thresholds for import remittances, altering documentary and reporting obligations.
Authorised dealers must obtain documentary evidence of import for remittances exceeding USD 100,000 and pursue follow up for non submission; only transactions above this threshold are to be reported in Form BEF. For remittances below USD 1,000,000, dealers may accept a Bill of Entry copy or a CEO/auditor certificate as proof of import, reflecting increased documentary thresholds under the foreign exchange statutory directions.
Foreign Exchange Management Act, 1999
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Amendments to foreign exchange regulations notify authorised dealers and supply amended notifications for implementation and constituent compliance.
Amendments to the Foreign Exchange Management Regulations, 2000 and related rules are notified to authorised dealers with copies of the RBI and Government notifications enclosed to enable implementation; authorised dealers must inform their constituents and effect operational changes in line with the enclosed amendments concerning EEFC accounts, exporter facilities, overseas borrowing and investment, resident foreign currency accounts, sponsored ADRs/GDRs, and Current Account Transactions.
26/2003 - 13-08-2003 Companies Law
The Producer Companies (General Reserves) Rules, 2003.
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Producer Companies General Reserves Rules circulated for compliance and acknowledgement by Regional Directors and Registrars of Companies.
Circulation of The Producer Companies (General Reserves) Rules, 2003 via Notification G.S.R. 641(E) is forwarded to all Regional Directors and Registrars of Companies for information and necessary action, with a request to acknowledge receipt.
Indo-Sri Lanka Free Trade Agreement - Surge in Import of copper from Sri Lanka - Regarding
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Rules of Origin circumvention prompts suspension of preferential copper exports and potential withdrawal of concessions under agreement.
Surge in copper imports from Sri Lanka is attributed to circumvention of the Rules of Origin 35% value addition requirement via under invoicing and manipulation; Sri Lanka lacks upstream copper processing capacity to meet 35% value addition. Indian authorities have requested immediate cessation of exports of copper strips and profiles and suspension of other copper exports within six weeks, will honour existing origin certificates until further notice, and consider the situation a critical circumstance warranting possible withdrawal of preferential concessions under the Agreement.
Current Account Transactions - Liberalisation - Clarifications
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Current account remittances allowed on self certification; dealers to accept self-declared purposes while ensuring authorised payment methods.
Authorised dealers may allow remittances for employment, emigration, education, maintenance of close relatives and medical treatment abroad based on self certification of purpose and basic transaction details, provided payment for foreign exchange is made by cheque, demand draft or debit to the applicant's account; the applicant remains responsible for the correctness of the information.
8 - 11-08-2003 Income Tax
Computation of income from international transaction having regard to Arms's Length Price - Section 92 of the Income-tax Act - Reference to Transfer Pricing Officer and his role - regarding
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Transfer pricing case selection: manual referral to Transfer Pricing Officers approved to ensure uniform application of arm's length rules.
Assessing authorities may refer international-transaction cases to a Transfer Pricing Officer for determination under the arm's length price standard; manual case selection for such references is approved by the Central Board of Direct Taxes to ensure timely and uniform implementation of transfer pricing rules until computer software for automated selection is available.
Self- sealing of export goods
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Self-sealing of export goods extended to all manufacturer-exporters, subject to prescribed self-certification and examination procedures.
The circular extends self-sealing and self-certification to all manufacturer-exporters, subject to compliance with existing Board and Central Excise Manual procedures. Exporters must endorse ARE-1/ARE-2 with a certificate confirming inspection of description and value and that goods were packed and sealed with a lead seal/one-time lock seal bearing its number, signed with name and designation. Self-sealed consignments are subject to Customs examination at the port; Central Excise officers' examination and sealing at dispatch remains optional.
Facility for permitting imports under DEPB Scheme at Customs bonded warehouses through TRA procedure – regarding
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DEPB Scheme TRA procedure: central excise officers may act as customs officers to permit bonded warehouse clearances with reporting.
Where a bonded warehouse falls under central excise jurisdiction, the custom house at the DEPB scrip's port of registration will issue the TRA to that central excise commissionerate, and central excise officers shall function as customs officers to permit clearance of goods against TRA while the officer in-charge determines importability under the Customs Act; clearance details must be forwarded to the issuing custom house to enable monitoring of TRA/DEPB Licence utilization.
Issuance of Offshore Derivative Instruments by Registered Foreign Institutional Investors (FII)
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Offshore derivative instruments reporting required: revised one time and fortnightly formats with electronic submission and custodian confirmation.
Revised reporting requires a one time Annexure A report of outstanding offshore derivatives as on August 15, 2003, and fortnightly Annexure B reports of issuance, renewal, cancellation and redemption to be filed within three working days after each fortnight. Submissions must be Excel soft copies emailed to the specified SEBI addresses. The instructions take effect from the second fortnight of August 2003, supersede the prior format, and custodians must inform FII clients and submit compliance confirmation by the specified date.
Setting up of Tax Clinics for Small Scale Sector Manufacturers
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Tax Clinic initiative to provide compliance guidance to small-scale manufacturers and improve communication with tax administrators.
Requires each Central Excise Commissionerate to establish a Tax Clinic in every division under a Deputy or Assistant Commissioner to educate and guide small-scale manufacturers on legal responsibilities and tax compliance, coordinate with Small Scale Manufacturers' Associations, commence operations by the prescribed deadline, issue implementing instructions to field formations, widely publicize the initiative via Trade Notices, and obtain acknowledgment of the circular's receipt.
Twisted Yarn Mfd. by Independent Units – Operationalisation of Excise Exemption Scheme
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Excise duty exemption on twisted yarn allows input duty credits to meet final duty liability for independent twisters.
Notification No.66/2003-CE allows excise duty on twisted (including crepe) yarn manufactured by independent twisters to be discharged by input duty credits equal to duties paid on base filament yarns, provided the twister performs no other processes and inputs are procured from outside having borne appropriate duty; payment of nil duty is not adequate. Independent twisters must maintain input and finished goods accounts to ascertain duty liability for each consignment, and commissioners should consult trade to establish simple, auditable record-keeping modalities.
Procedure for import/export of Gem & Jewellery and other items by 100% EOUs through personal carriage- Reg.
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Personal carriage of goods: specified Customs procedure enables EOUs to export and import non commercial items via passenger carriage.
Procedure sets a stepwise Customs regime for 100% EOUs to export/import goods by personal carriage at Bangalore Airport: exporters submit authorization, passport and air ticket, obtain in principle clearance, file a four copy Shipping Bill with supporting documents, undergo Customs assessment and examination (with Jewellery Appraiser where applicable), receive a JAC and sealed goods for carriage with endorsed duplicate Shipping Bill as proof of shipment; imports follow the reverse process with Bill of Entry, Procurement Certificate, examination and release.
Mis-declaration in import of CD-Deck Mechanisms
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Mis-declaration of import classification prompts scrutiny under concessional import duty rules and valuation compliance obligations.
Mis-declaration of complete CD-deck mechanisms as individual parts to secure concessional customs duty is reported; the notification grants concessional rates only for specified parts when importers follow the prescribed concessional import rules. Examiners and valuers are directed to exercise due caution in classification, examination and valuation, using manufacturers' catalogues, product literature and domestic agent verification, and to be alert to under-invoicing of these mechanisms.
Corrigendum to Circular no SEBI/SMD/SE/13/2003/10/04 dated April 10, 2003
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Recordkeeping requirement for destroyed arbitration records clarified; exchanges must maintain certified register and amend rules accordingly.
The corrigendum amends the prior circular to require that brief particulars of destroyed arbitration records shall be entered in a register along with a certification of the date and mode of destruction. Exchanges must amend their bye-laws, notify member brokers and clearing members, publish the requirement on their websites for investor access, and report implementation status to SEBI in the Monthly Development Report for August 2003.
Computation of aggregate value of clearances for calculating the eligibility limit for availing Small Scale Industries Exemption Scheme for the financial year 2003-04
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Inclusion of exempted goods value in SSI exemption eligibility calculation affirmed, excluding exports, for prior-year clearances.
The circular clarifies that, for calculating the aggregate value of clearances of all excisable goods for home consumption in the preceding financial year to determine eligibility for the Small Scale Industry Exemption Scheme, the value of exempted goods (excluding exports) must be included; the change follows explanatory notes to the Finance Bill and implementing notifications, and operates from the stated effective date, with field formations instructed accordingly.
Eligibility of BOPP films under notification no/. 25/99-Cus. dated 28.2.99 sl. nos. 52 and 44- reg
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BOPP film classification: eligibility for concessional customs duty is prospective and confined to the amended tariff entry.
An explanation added to a tariff notification that defines plain plastic film to include Biaxially Oriented Polypropylene (BOPP) film has prospective effect and applies only to the specific tariff entry where it was inserted; the amendment under one entry does not extend to another entry absent an express insertion, and BOPP eligibility under the other entry arises only from the date that entry was separately amended.

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