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Circulars
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Amendments to SEBI (Mutual Funds) Regulations, 1996
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Consolidated account statements: monthly statements required, with unit allotment confirmations sent by email or SMS, and option for physical reports.
The circular mandates electronic delivery of scheme annual reports or abridged summaries to investors with registered email addresses while preserving an opt in for physical copies, requires AMCs to solicit and register missing email addresses, display reports on AMC websites and provide physical copies on request, and introduces a requirement that AMCs issue a consolidated account statement each calendar month to investors whose folios had transactions during that month, while maintaining unit allotment confirmation by email and/or SMS within the existing dispatch timeline.
Regarding stuffing of export containers under supervision of Central Excise Officers.
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Export container sealing: Central Excise officers may examine, stuff and seal containers at place of dispatch subject to conditions.
Exporters may request Central Excise officers to examine, stuff and seal export containers at the factory, warehouse or approved premises by applying to the jurisdictional Superintendent/Inspector in advance. The jurisdictional officer shall carry out or depute staff, prepare the examination report to accompany consignment, and accept online scheduling by email to the range officer. Exporters must obtain one-time Customs permission before sealing at non-standard premises, and MOT charges apply for services at other premises or beyond normal hours.
Compliance of DGFT Notification No.44 (RE-2000)/1997-2002 dt.24.11.2000- Labeling of goods prior to clearance-reg.
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Labeling compliance: importers must declare non compliance and obtain permission for labeling of imported goods before clearance.
Importers must declare non compliance with RE 44 labeling conditions at import and obtain specific permission to label goods before clearance. For Bills of Entry selected for verification, the importer gives a letter to the assessing group, which issues an examination order to the docks officer to allow labeling at CFS; the docks officer must verify RE 44 compliance before clearance. For RMS cleared Bills of Entry, the importer submits a permission letter to the AC/DC Docks, who instruct docks officers to verify compliance. The procedure applies to all goods under the DGFT Notification.
Transhipment of cargo from Gateway port to EPZs and SEZs reg.
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Transhipment coding requirement: use specific SEZ destination codes in import manifests or amend Local entries promptly.
Import General Manifests must list cargo transhipped to EPZs and SEZs using the specific SEZ destination codes provided in ICES v1.5 rather than as Local items; any manifests already filed as Local for SEZ-bound goods must be amended immediately to change the destination code to the appropriate SEZ code.
08 - 08-09-2011 VAT - Delhi
New application for on-line filing of returns along with Annexures— 2A & 2B.
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Online filing requirement for VAT returns now mandatory for monthly filers; hard-copy submission still required.
A new online application for filing DVAT returns and Annexures 2A and 2B is available for user testing on the department website, with test data not retained; the application will be made operational on the announced launch date and mandatory for all monthly return filers to file the specified tax period return through the new system, while dealers must continue to submit hard copies of returns filed online.
External Commercial Borrowings – Simplification of Procedure.
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Delegation of lender-change approval for external commercial borrowings allows AD Category-I banks to approve transfers subject to conditions.
Authorised Dealer Category-I banks are empowered to approve changes in the recognised lender for ECBs when both original and new lenders fall within specified recognised categories, provided the new lender meets recognised-lender criteria, no other ECB terms change, and the ECB complies with extant guidelines; changes involving foreign equity holders or collaborators remain subject to Reserve Bank review. Approved changes must be reported in Form 83 and the amendment is effective immediately while other ECB policy parameters remain unchanged.
Deferred Payment Protocols between Government of India and erstwhile USSR.
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Special currency basket valuation revised, affecting deferred payment protocols; banks must apply new Rupee value and notify constituents.
RBI circular revises the Rupee value of the special currency basket applicable to Deferred Payment Protocols with the erstwhile USSR, fixing the new Rupee value effective August 23, 2011. AD Category I authorised dealer banks are directed to apply the revised valuation and notify their constituents. The directions are issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 and are without prejudice to other statutory permissions or approvals.
63/2011 - 06-09-2011 Companies Law
Compliance of the provisions of Companies Act, 1956 and Rules made thereunder.
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Registrar acceptance of specified filings for defaulting companies permits limited event-based updates subject to prescribed form list.
The Registrar of Companies will accept a specified set of event-based filings from defaulting companies, categorized by company status (defaulting, dormant, active in progress). Permitted filings include allotment returns, share contract particulars, capital-change notices, registration of resolutions, compounding applications, DIN intimations, officer appointment particulars, notices of court orders, balance sheet and profit and loss filings, annual returns, compliance certificates, auditor information, and Fast Track Exit applications; acceptance applies only to the listed forms and is effective as stated in the circular.
Online Transmission of Duty Free Import Authorization issued between Customs and DGFT
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Online transmission of Duty Free Import Authorization postponed; commencement deferred and fresh start date will be notified to stakeholders.
Implementation of online transmission of Shipping Bills to DGFT and electronic receipt of Duty Free Import Authorization via an Electronic Message Exchange System at Chennai Seaport has been postponed due to technical and administrative reasons; CHAs, importers, exporters and the trade will be informed of a fresh commencement date.
Implementation of Authorized Economic Operator (AEO) Programme guidelines
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Authorized Economic Operator programme secures supply chains and grants certified traders simplified customs procedures and reduced inspections.
The AEO Programme creates a voluntary certification for legal entities engaged in Customs related international trade that meet criteria of Customs compliance, records management, financial solvency and robust security systems; applicants submit prescribed documentation, undergo scrutiny and on site pre certification verification by the AEO Programme Team, and, if accepted, receive an AEO certificate ordinarily within 90 days conferring facilitative customs benefits subject to ongoing compliance, review, suspension, revocation and a right of appeal.
Export of Pan Masala-Gutkha packed in plastic sachet by 100% EOU -Application of provisions of Plastic Waste Management and Handling Rules, 2011 - regarding.
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Plastic Waste Management and Handling Rules amend date in instruction on export of pan masala-gutkha packed in plastic sachets.
Corrigendum to the Board's instruction on application of the Plastic Waste Management and Handling Rules, 2011 to exports of pan masala and gutkha packed in plastic sachets by an export oriented unit: paragraph 3's date is corrected to 02.07.2011 and all other contents of the instruction remain unchanged.
Corrigendum of Instruction no. F.No. 528/69/2011-STO (TU).
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Plastic Waste Management and Handling Rules clarified for exports of pan masala and gutkha in plastic sachets by EOUs.
Corrigendum to Board Instruction F.No. 528/69/2011-STO (TU) replaces the date 02.07.2007 with 02.07.2011 in paragraph 3 regarding the application of the Plastic Waste Management and Handling Rules, 2011 to exports of pan masala and gutkha packed in plastic sachets by 100% Export Oriented Units; all other contents of the original instruction remain unchanged.
Amendment in Appendix 37D, Table-2, Serial number 11.
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Handmade definition expanded to include handloom, altering classification and eligibility under Handbook of Procedures trade controls.
The Note in Appendix 37D, Table-2 has been amended so the expression 'Handmade' expressly includes Hand-Made, Hand-knotted, Hand-Tufted, Hand-Woven and Handloom, thereby correcting the prior omission of handloom from that definition in the Handbook of Procedures.
62/2011 - 05-09-2011 Companies Law
Clarification on Notification No S.O. 447 (E) dated 28.02.2011 on Revised Schedule VI (shall be effective from 01.04.2011).
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Schedule VI presentation: companies may use pre-revised format for IPO/FPO filings during transition; annual accounts must follow revised format.
For IPO/FPO purposes during the transition to the revised Schedule VI, companies may present financial statements in the pre-revised Schedule VI format; beyond the transition period they must prepare and present accounts only in the revised Schedule VI format, and they must prepare and file Annual Accounts for the affected financial year as per the revised Schedule VI.
61/2011 - 05-09-2011 Companies Law
Online incorporation of companies within 24 hours.
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Online incorporation: professional certification can enable immediate electronic processing, but full STP approval is deferred.
Where e forms for incorporation, director appointments and constitutive documents are certified by a practicing professional as to correctness and declarations, the Registrar may process the application electronically and issue a digital certificate of incorporation immediately; however, full on line STP mode approval of specified e forms will not be implemented at present, preserving Registrar oversight while procedural simplification proceeds.
Procedural issues related to Central Excise Duty on Pens - Regarding.
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Central Excise Duty on pens: procedural clarifications on registration, invoicing, records, returns, branding and export rules.
Registrations are not yet issued as digitally signed certificates though feasibility is under review; excisable goods may be removed once the Central Excise registration number is received. Invoices must comply with Rule 11 requirements including triplicate numbering, registration number, consignee particulars, time and date of removal and duty particulars. Daily records of production, removals and duty must be maintained, while PLA and RG23A registers are not mandatory. Quarterly return facility via ER-8 is available for notified units; ARE-1 waiver for exports is limited to notification-exempt units. CVD on inks: domestic producers may opt for lower duty without CENVAT or higher duty with CENVAT credit; lowering import CVD is not feasible.
Online Transmission of Duty Free Import Authorization issued between Customs and DGFT
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Online transmission of Duty Free Import Authorization enables automated licence exchange and shipping bill matching, streamlining export-import processing.
Implementation of online transmission of Duty Free Import Authorization requires exporters to provide DFIA details in the revised License Table or prescribed annexure when filing Shipping Bills; authorizations issued on or after the implementation date will be auto-populated in ICES 1.5 and must be quoted at filing. Customs will send Shipping Bills to the licensing authority so EODCs can be issued, enabling release of bonds/LUTs/BGs after verification. License amendments will follow upon Customs log print of usage and no imports are permitted after log print until amendment message is received. Manual procedures remain for earlier-issued authorizations.
APPEALS AND REVISION - FILING OF APPEAL OR APPLICATION FOR REFERENCE BY INCOME-TAX AUTHORITY - CBDT's INSTRUCTION NO. 3/2011, DATED 9-2-2011 REVISING MONETARY LIMITS NOT TO APPLY IPSO FACTO TO APPEALS FILED PRIOR TO 9-2-2011
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Application of revised monetary limits: do not apply ipso facto to pre instruction appeals; seek High Court review instead.
The revised monetary thresholds in CBDT Instruction No. 3/2011 do not apply automatically to appeals filed before its issuance; earlier appeals remain governed by the monetary limits operative at filing, and where matters have common principles or cascading effect the Department should seek High Court review rather than accept ipso facto application of the Instruction.
MODIFICATION OF SION B-149 under Electronics Product Group.
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Unit of measurement correction for import specification: Epoxide Resin weight standardized to pounds, no other changes.
The import unit of measurement for Epoxide Resin at serial number four is corrected to pounds (Lbs), recorded as 3.5 Lbs; this amendment, issued under the Foreign Trade Policy, changes only the unit of measurement and does not alter item descriptions or quantities.
Self-Assessment in Customs - regarding.
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Self-assessment in customs shifts declaration responsibility to importers/exporters and enables risk-based facilitation with post-clearance audits.
Self-assessment places primary responsibility for correct Customs declarations on importers and exporters, with RMS-driven interdictions allowing review of assessment, physical examination, or both; incorrect declarations may be reassessed. Section 17 enables customs officers to carry out on-site post-clearance verification at importer or exporter premises, supporting a facilitation-first approach paired with post-clearance audits to detect infringements.

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