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Circulars
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Foreign Direct Investment (FDI) into a Small Scale Industrial Undertaking (SSI)/ Micro & Small Enterprises (MSE) and in Industrial Undertaking manufacturing items reserved for SSII MSE - clarification
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Foreign direct investment into micro and small enterprises allowed subject to sectoral caps and entry route compliance.
FDI into Micro and Small Enterprises is permitted subject to sectoral equity caps, entry routes and applicable sectoral regulations following redefinition of MSEs by investment in plant and machinery/equipment; Press Note 18 (1997) is modified accordingly. Industrial undertakings not qualifying as MSEs that manufacture items reserved for MSEs require an Industrial Licence, must satisfy licensing conditions including an export obligation on new or additional production from commercial commencement, and need prior government approval where foreign equity exceeds the automatic entry threshold.
Import of sports weapons by "Renowned Shooters
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Sports weapons definition expanded to include ammunition, affecting import classification and licensing under trade policy circular.
The term "sports weapons" is clarified to read as "sports weapons and ammunitions for sports weapons," directing licensing authorities and customs commissioners to apply this expanded definition in import classification, licensing, documentation, and clearance procedures under the relevant import policy framework.
Amendments in Appendix 2 (List of Export Promotion Councils/ Commodity Board) of the Handbook of Procedures (Vol. I)
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Addition of Telecom Export Promotion Council recognizes a council for telecom equipment and services under the foreign trade policy.
The notice adds the Telecom Equipment and Services Export Promotion Council (TEPC) to Appendix 2 of the Handbook of Procedures (Vol. I) under the Foreign Trade Policy 2009-2014, listing its registered/head office address in New Delhi, contact details, and specifying its jurisdiction over telecom equipment and services.
Application under sub-rule (7) of rule 19 of the Securities Contracts (Regulation) Rules, 1957 for relaxing strict enforcement of clause (b) to sub-rule (2) of rule 19 thereof
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Relaxation of listing requirements: conditions and disclosures required to list securities without an initial public offer under SCRR.
Conditions and procedures for Board consideration of applications under sub rule (7) of rule 19 SCRR to relax clause (b) to sub rule (2) for listing without an IPO: eligibility and documentation for transferee issuers under court sanctioned schemes, percentage public holding and lock in requirements, timelines and mandatory disclosures prior to trading; separate eligibility and disclosure rules for listing differential rights shares issued to existing shareholders; and conditions for listing warrants issued with non convertible debentures through qualified institutional placement, with applications to be routed via the designated stock exchange and subject to further Board conditions.
Amendments to Equity Listing Agreement
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Board meeting notice requirement: companies must notify the stock exchange in advance of meetings to fix issue price for fixed price FPOs.
Amendment to clause 19 of the equity listing agreement inserts a sub clause requiring that where a further public offer is to be made through the fixed price route, the company shall notify the stock exchange at least 48 hours in advance of the proposed Board of Directors meeting convened for determination of issue price; the change incorporates provisions previously in rescinded guidelines and aligns with the ICDR Regulations governing issue of capital and disclosures.
Amendments to SEBI (Employee Stock Option Scheme and Employee Stock Purchase Scheme) Guidelines, 1999
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Employee stock option guideline amendments shift IPO-related compliance to the Issue of Capital and Disclosure framework, streamlining provisions.
The Guidelines were amended to remove IPO-related issuance provisions and redundant Central Listing Authority procedures, transferring those compliance requirements to the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009. Clauses deleted include clause 15 and its subclauses, and clauses 22.4 and 22.5; clause 22.2 now refers to the ICDR Regulations instead of clause 15.3, and clause 22.3 deletes the Central Listing Authority application requirement.
Procedure for E-Payment of Customs Duties under the Indian Customs EDI system — (ICES) Imports
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E-payment display change extends visibility period for unpaid customs challans, requiring use of designated bank payment channels.
The amendment increases the assessment-age threshold for which unpaid challan details are displayed on the ICEGATE e-payment web page for imports under the Indian Customs EDI (ICES). Importers and Custom House Agents are requested to use the designated banks' E-Payment facility and to follow the detailed procedure set out in the earlier referenced Public Notice for settlement of unpaid challans via the online payment portal.
Disclosure of investor complaints and arbitration details on Stock Exchange website
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Transparency in grievance redressal requires exchanges to publish investor complaints, arbitration disposals and penal actions online.
SEBI directs all Stock Exchanges to disclose on their websites details of investor/client complaints, arbitration proceedings involving clients, and penal actions against trading members using prescribed templates (Reports 1A-4B). Reports 1A and 2A must be updated weekly; other reports quarterly. Exchanges must notify market participants, publish the reports within one month, amend bye-laws if necessary, and report implementation status monthly to SEBI. The disclosure regime standardises fields, status categories and ordering of entries and is issued under Section 11(1) of the SEBI Act for investor protection and market regulation.
Liability of interest where CENVAT credit was wrongly taken but reversed by assessee before utilization-reg.
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Recovery of interest on wrongly taken CENVAT credit remains payable even if the credit was reversed before utilization.
The CENVAT Credit Rules unambiguously require recovery of credit taken or utilized wrongly with interest; accordingly, interest is recoverable when credit has been wrongly taken even if it has not been utilized. The Board clarifies this to resolve conflict with earlier decisions delivered under the former Central Excise Rules and directs that field formations and trade be informed that reversal before utilization does not eliminate interest liability under the current rules.
E-Payment of Customs duties — Details of 10 days old unpaid challans available
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E-payment display period extended for unpaid customs challans; importers and CHAs must use designated banks for payment.
The E-payment portal will display unpaid customs challans for a longer post-assessment period, requiring importers and Custom House Agents to use the E-Payment facility through the banks specified in the notice and to follow the procedural steps set out in the earlier Public Notice referenced.
Instructions regarding proposals to be considered by BoA
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Developer endorsement requirement: developers must send proposals to Development Commissioners for analysis before Board of Approval consideration.
A developer submitting a proposal for Board of Approval consideration must endorse a copy to the concerned Development Commissioner, who will promptly analyse it and send comments to the Ministry so they are available for the next BoA meeting; Development Commissioners must ensure strict compliance with this procedural requirement.
Misuse of circular No.74/2002-Cus dated 8th November, 2002 - reg.
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FOB contract protection for exporters shipping by air in exigency, benefit capped and available only after prior declaration.
Where exporters have contracted on FOB terms but due to exigency ship by air at their expense, drawback need not be reworked by deducting freight from contracted FOB value; benefit is limited and conditional. Exporters must declare exigency to the Assistant Commissioner/Deputy Commissioner (Drawback) before filing Shipping Bills, providing shipment details and prior uses of the concession; the official will verify bona fides, permit filing and clearance, and decide preferably before Drawback processing. Disputed cases may see temporary deduction of airfreight with later speaking orders on differential amounts.
Instructions for Assessing Authorities for verification of Central Statutory Forms
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Verification of Central statutory forms required; high-value and interstate-issued forms must be cross-verified and reported monthly.
Assessing Authorities must verify Central 'F' Forms and other Central forms for transactions at or above the monetary limit of Rs. One Crore and where the Ward Officer considers verification from the issuing State necessary; forms may be sent to the issuing State's Assessing Authorities for confirmation. All Assessing Authorities must submit monthly reports to superior authorities specifying forms identified for cross-verification, forms actually verified, and reasons for any shortfall.
38 - 02-09-2009 Income Tax
Enhancement of DCR/DRR and ZAO detailed account report -Now OLTAS challan table based- matter regarding
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OLTAS challan data migration: Reports switched to t_oltas_challan for accurate DCR/DRR and ZAO reporting generation.
Reports for DCR, DRR and ZAO are to be generated directly from t_oltas_challan to capture bank-transmitted and e-payment challan data and correct discrepancies caused by reliance on the legacy t_clean_challan; redesigned reports are implemented on PDC/BCP servers and accessible to RCCs via the AR_TAS_REP role with procedural steps in Annexure A.
Railway freight — Service tax on railway freight kept in abeyance
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Service tax on railway freight suspended, with the levy placed in abeyance by government notifications.
Service tax on railway freight, introduced by the Finance (No. 2) Act, 2009 and notified to take effect from 1 September 2009, has been kept in abeyance by issuance of subsequent notifications suspending the levy; copies of those notifications are circulated as administrative instructions.
Anti Money Laundering (AML) Standards/Combating Financing of Terrorism (CFT)/Obligations of Securities Market Intermediaries under Prevention of Money Laundering Act, 2002 and Rules framed there-under.
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Anti Money Laundering due diligence: intermediaries must apply enhanced CDD, file STRs, and continuously screen clients.
Intermediaries must apply enhanced due diligence to expanded categories of Clients of Special Category, maintain and preserve detailed records and findings for ten years, ensure the Principal Officer and senior compliance have timely access to CDD and transaction data, file Suspicious Transaction Reports whenever there are reasonable grounds irrespective of thresholds, and continuously screen new and existing customers against the UN sanctions consolidated list with immediate reporting of matches to the regulator and FIU.
Implementation of the provisions of COTP Act, 2003 and The Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008"- Empowering the Customs & Central Excise Officers - regarding
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Health warning compliance required for all tobacco product packs; officers empowered to enter registered premises to enforce packaging rules.
All tobacco products produced, supplied, distributed or imported for sale in India must bear the specified health warning and comply with the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008; Central Excise and Customs officers must ensure no clearance from registered premises or import occurs without these prescribed warnings. Officers at the level of Superintendent and above are competent to exercise entry, search and seizure powers under Sections 12 and 13 of the COTP Act, 2003, limited to premises registered with the Central Excise department and not to unregistered dealer or retail shop premises.
Powers of adjudication of the officers of Customs
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Adjudication powers of customs officers expanded; Additional and Joint Commissioners gain enhanced authority to adjudicate cases.
Powers of adjudication have been reallocated by revising monetary thresholds: Commissioners retain unlimited jurisdiction; Additional and Joint Commissioners may adjudicate specified collusion or valuation matters within the revised monetary ceiling and other cases up to that limit; Assistant/Deputy Commissioners handle lower value and extended period notices. Baggage cases remain subject to unlimited adjudication by Additional/Joint Commissioners. Show Cause Notices may be issued by the corresponding adjudicating officer. Orders must be issued by the authority where personal hearing occurred and transfers of pending files to appropriate authorities should be completed and reported.
Corrigendum in respect of export of Meat of Sheep/Goat covered under Chapter 2 of ITC(HS)
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Export classification update: meat of Indian sheep and goat permitted for export subject to quality control and inspection.
Corrigendum substitutes Chapter 2 entries to classify specified 0204 subheadings as Meat of Indian sheep and Meat of Indian goat, making them exportable as "Free" provided quality control and inspection under Note 3 and Note 4 and the condition at Note 6 are fulfilled; the substitution consolidates previously separate prohibitory and permissive entries and is issued with Competent Authority approval.
Warehoused goods — Rate of duty on "Time expired bonds"
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Time-expired warehoused goods: duty rate fixed on expiry date regardless of payment or later extension.
Goods not removed from a warehouse within the permissible or extended period are deemed cleared on the date that period expired, and the duty chargeable is the rate applicable on that deemed removal date rather than the date of payment or actual clearance. Late extension applications may permit continued storage but do not change the frozen date for rate determination; pre expiry extensions are limited to two years and subject to guidelines.

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