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Circulars
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Procedure for clearance of Import, at all EDI ports of Ahmedabad Customs Commissionerate -regarding
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Importer representative identity proof requirement mandated; authorization required for filing under EDI import clearance procedures.
Amendment requires presentation of identity proof of the importer's representative and company-issued authorization when filing documents for registration in the Examination section under the Indian Customs EDI system, added after serial no. xiii of the existing document docket list; applies to all EDI ports of the Ahmedabad Customs Commissionerate and trade is asked to report implementation difficulties to the Commissioner.
Filing of Revised Return for the month of July-2010
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Filing of revised returns: allow omission of closing stock ITC and delayed annexure submission procedure
Directs dealers to file July returns without calculating the carry forward of input tax credit on closing stock and permits omission of Annexure 2A and Annexure 2B from the initial return; hard copies of those annexures may be filed later with revised returns, implementing a temporary procedural adjustment following amendments to the return form and related provisions.
Exim Bank's Line of Credit of USD 5.763 million to the Government of Suriname
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Line of Credit for export financing mandates majority India-sourced supplies, specified LC timelines, and FEMA compliance.
Exim Bank made a Line of Credit available to Suriname to finance eligible India-sourced goods and services for helicopter purchase, requiring at least 85% of contract value to be supplied from India and permitting up to 15% of non-consultancy inputs from abroad. The Credit is effective from July 28, 2010, with LC/disbursement timelines of 48 months for project exports and 72 months for supply contracts. Shipments must be declared on GR/SDF forms. No agency commission is payable under the LOC, though exporters may use own funds or EEFC balances for commission remittances subject to AD Category-I bank approval and prevailing rules. Directions issued under FEMA sections 10(4) and 11(1).
Service tax on on-going works contracts entered into prior to 01.06.2007 - regarding
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Works contract classification change applies to post-effective performance; composition scheme eligibility depends on prior service-tax payments.
Classification of long-term contracts shifts to Works Contract for services performed after 01.06.2007. Eligibility for the composition scheme depends on having validly exercised the option before payment of service tax for the contract; prior payment under earlier taxable service heads before the scheme's effective date precludes use of the composition scheme, whereas absence of such prior payment allows opting after the scheme came into effect. Option, once exercised, applies to the entire contract and is irrevocable.
Modification of ANF5A, ANF5B, Appendix 26 and Appendix 26A in Handbook of Procedures Vol.1 (RE:2010)
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EPCG authorisation requirements updated: revised application, documentary and professional certification obligations for imports and export obligation discharge.
The modification updates ANF 5A, ANF 5B, Appendix 26 and Appendix 26A for issuance and redemption of EPCG/Annual EPCG Authorisations, detailing required applicant data, sector and capital goods classification, duty saved calculation, export obligation multiples and periods, documentary enclosures (RCMC/IEM/SSI, Chartered Engineer certificate, CA certified export statements, previous authorisations), procedural steps for restricted imports and EOU/SEZ cases, and mandatory CA/CWA/CS certifications that verify export records, realization and non duplication of export claims, together with professional attestation obligations and liability for false statements.
Amendment in ANF8 Appendix 14-I-G and deletion of Appendix 14-II
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Joint monitoring of EOU units mandates semiannual performance reviews and requires suppliers' disclaimer for deemed export benefits.
Amendment requires six-monthly performance reviews of Export Oriented Units by the Unit Approval Committee using prescribed QPR/APR formats, review of non-fulfilment of export obligations, separate reviews for units under implementation, publicity and local promotion of meetings, preparation of unit-wise action plans to address poor performance, referral of infrastructure gaps for projects under ASIDE, and preparation of reports by Development Commissioners for the Department of Commerce and CBEC recommending corrective measures. Appendix 14-II is deleted and ANF 8 now includes a prescribed Disclaimer Certificate for deemed export benefits to be furnished by suppliers.
Amendment of ANF 4A and Appendix 11A, related to Advance Authorisation Scheme
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Advance Authorisation Scheme: removal of Chartered Engineer certificate and introduction of a revised self declaration data sheet.
The Public Notice amends ANF 4A by deleting the Chartered Engineer certificate requirement for paragraph 4.7 cases and replaces Appendix 11A with a revised data sheet for advance authorisation applications on self declaration, mandating itemised imported and indigenous input details, wastage, technical descriptions, certified production and consumption data, prior authorisation particulars, and export value and entitlement disclosures.
Amendments in the Reward/Incentive Schemes of Chapter 3 of FTP 2009-14- Appendix 37A, Appendix 37D of Handbook of Procedure Vol. 1
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Amendments to export incentive schemes expand and refine eligible products and market-linked focus benefits for exporters.
Amendments modify eligible items and descriptions under the VKGUY Scheme (Appendix 37A) and expand the Focus Product Scheme (Appendix 37D), adding and deleting product entries across specified tables, rewording certain product descriptions to clarify coverage, introducing new focus products and market-linked focus product entries, and adding Towns of Export Excellence; the changes take effect for exports from the stated admissible dates in the public notice.
Handbook of Procedures (Volume 1) incorporating Annual Supplement as updated on 23rd August, 2010
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Notification of Handbook of Procedures: updated procedural handbook under the Foreign Trade Policy takes effect and governs trade procedures.
Notification under Para 2.4 of the Foreign Trade Policy, 2009-14 publishes the Handbook of Procedures (Volume 1) incorporating Annual Supplement as updated on 23rd August, 2010, exercising delegated administrative power to notify the procedural handbook for export-import regulation and declaring it to take effect from 23rd August, 2010.
Efficient Mineral Administration - Regarding.
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Efficient Mineral Administration: central departments to use state nominated nodal officers for inter departmental mineral data sharing.
Instruction providing an annexed list of state-nominated nodal officers from Gujarat, Goa, Jharkhand, Karnataka, Maharashtra, Orissa and Rajasthan, with designations and contact details, to facilitate data sharing on mineral matters between State mining authorities and designated Central ministries and the Department of Revenue (Customs) for implementation of efficient mineral administration.
Data quality of information furnished by the importers and exporters for assessment purposes
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Data quality obligations require importers and exporters to furnish complete accurate goods information; noncompliance may trigger penalties.
Importers, exporters and CHAs must declare complete and accurate information-description, brand, model, grade, specification, unit of quantity in standard units, weight and country of origin-in bills of entry or shipping bills. Appraising and dock/assessment sections shall verify all fields and return documents lacking required details; repeated noncompliance may lead to penal action, including suspension of CHA licence. Stakeholder education sessions and ICD/Mulund contact points are provided for assistance.
Extension of ACP Programme to Export Houses / Trading Houses - Regarding
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Accredited Clients Programme extension to FTP status holders expands eligibility and defines disqualifying customs and tax infringements.
Extension of the Accredited Clients Programme admits Foreign Trade Policy status holders as an alternate eligibility category subject to existing ACP criteria; it narrows disqualifying cases to specified Customs, Central Excise and Service Tax misconducts in the prior three financial years and empowers Chief Commissioners to report such cases to the Risk Management Division for exclusion even without issuance of a show cause notice, while requiring an application-form amendment to record FTP status.
Review of norms for investment and disclosure by Mutual Funds in derivatives
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Derivative exposure limits set for mutual funds, ban on writing options, and uniform disclosure format mandated.
SEBI prescribes prudential limits on mutual fund derivative activity by capping cumulative gross exposure of a scheme through equity, debt and derivatives at the scheme's net assets, prohibiting writing of options and instruments with embedded written options, and limiting exposure from option premiums. Hedging positions may be excluded from limits only when they demonstrably reduce loss on an existing securities position, use the same underlying, and do not exceed the existing position; excess hedging is counted as exposure. Interest rate swaps for hedging and a standardized exposure computation and disclosure regime are mandated.
Transferability of Mutual Fund units
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Transferability of mutual fund units affirmed; AMCs must addend demat holdings as freely transferable, ELSS lock in unchanged.
Asset management companies must issue an addendum by October 1, 2010 clarifying that mutual fund units held in demat form are freely transferable from the addendum's effective date, while transfers of units of equity linked savings schemes remain subject to existing lock in restrictions.
Processing of returns of A.Y. 2009-10 - steps to clear backlog - regarding
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TDS credit acceptance streamlines return processing by allowing limited matching claims to be accepted at processing stage.
Instruction sets automated acceptance criteria for TDS claims while processing returns for A.Y. 2009-10: for ITR-1 and ITR-2, TDS claims below specified aggregate and refund thresholds will be accepted at processing if As-26 shows a positive TDS payment; for other return forms, acceptance at processing requires similar thresholds plus at least ten percent matching of claimed TDS. Remaining cases require TDS credit only after due verification.
Consolidated guidelines /instructions issued on the staff management of Government and Private Special Economic Zone
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Manpower structure in SEZs sets sanctioned posts, deputation appointments and cost-recovery obligations for private SEZ staffing.
Manpower structure prescribes sanctioned posts for Sector Specific and Multi Product SEZs, establishes that posts in private SEZs are on a cost recovery basis, allows officers to serve multiple proximate SEZs with apportionment of cost, mandates deputation-based initial appointments for specified posts with detailed eligibility criteria, requires Zonal Development Commissioners to prepare recruitment plans and convene Selection Committees, authorises specified re-designation and downgrading of posts subject to incumbents' continuity, and permits a one-time adjustment of sanctioned ADC strength to regularise excess promotions against deputation quota under DOPT conditions.
Valuation of Goods cleared in DTA by EOU's
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Valuation of EOU DTA clearances must follow Customs Valuation Rules, applying Rules 3 to 9 sequentially to determine transaction value.
Valuation of goods cleared from an Export Oriented Unit for sale in the Domestic Tariff Area must be determined under the Customs Valuation framework by sequential application of the Customs Valuation Rules to fix the transaction value when the sale occurs after clearance; earlier guidance on the subject is withdrawn and field formations must follow the Customs Valuation Rules.
Declaration of vague description in filing bill of entry relating to Alloys of Steel -regarding
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Goods description accuracy: mandatory composition disclosure for alloy and steel imports to ensure proper classification and valuation.
Importers and Customs House Agents must furnish detailed composition and specific descriptions for imported alloy and steel products (including rolled products, pipes, rod bars, alloy segments, welding wires and rods, saw blades, and steels other than mild and plain carbon steel); vague or incomplete descriptions will be returned for correction and repeated failures may attract penal action including suspension of CHA licence.
Service tax on commercial training and coaching service
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Consideration nexus: donations to charities for free training are not service taxable absent linkage to trainees.
Donations and grants in aid given generally to a charitable foundation for free livelihood training lack the requisite nexus to be treated as consideration for commercial training or coaching service. As such, where payments are not made for a specific trainee or specific training activity but support the foundation's charitable purpose, they do not qualify as taxable consideration and service tax is not leviable; field formations should issue appropriate notices.
Clean Energy Cess - Interim Accounting Code
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Clean Energy Cess interim accounting code assigned; deposits to be booked under temporary excise head pending new account.
Clean Energy Cess is to be provisionally accounted under the Sub Head "Receipt Awaiting Transfer to the other Minor Head etc" within Major Head 0038 Union Excise Duty using reduced accounting code 00380086 (U.E.D.), pending opening of a dedicated Head of Account by the Controller General of Accounts; Pay & Accounts Officers must keep separate records for subsequent transfer to the new Head.

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