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Circulars
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Appointed as Custodian for import of bulk cargo - Ennore Tank Terminal Pvt. Ltd.
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Custodian appointment for bulk cargo establishes custody and compliance obligations under customs law.
Appointment as Custodian of imported bulk cargo at Ennore Tank Terminal is effected under Section 45(1) of the Customs Act, 1962: M/s. Ennore Tank Terminal Pvt. Ltd. is designated to hold custody of bulk cargo stored in tanks at Ennore Port until goods are cleared for home consumption, warehoused, or transshipped under Chapter VII of the Customs Act, 1962. The custodian must comply with the Handling of Cargo in Customs Areas Regulations, 2009 and the Customs Act while goods remain under customs control.
Steps to re-energise Mutual Fund Industry
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Mutual fund expense framework expanded to permit additional TER for geographically diversified inflows, with clawback and disclosure obligations.
SEBI prescribes measures to increase mutual fund penetration, permitting an additional Total Expense Ratio up to thirty basis points for schemes meeting specified new inflow thresholds from beyond top fifteen cities (with a pro rata formula and one year clawback for early redemptions); clarifies service tax allocation between schemes and fees; mandates single plan launches with a separate lower expense direct plan; allows a new simplified distributor cadre and unique identity numbers; requires monthly portfolio and half yearly financial disclosures; sets a 30% sector exposure cap for debt schemes; and requires investor education funding and distributor level disclosures.
Application Supported by Blocked Amount (ASBA) facility in public/ rights issue
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Blocked funds requirement for ASBA applications: banks must block amounts only from funded deposit accounts, ensuring demarcated funds.
ASBA filings must be backed by clear demarcated funds in funded deposit accounts; banks must not block amounts by creating liens on credit limits or overdraft facilities. SCSBs must block application amounts only against funded deposit accounts and ensure cleared funds are available. Banks making ASBA applications on their own account must maintain a separate account in their own name with a registered SCSB used solely for public-issue applications, with demarcated funds available. The circular is effective immediately and issued under statutory securities powers.
Procedure for Unaccompanied Baggage declaration under Indian Customs EDI System at Custom House, Tuticorin
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Unaccompanied baggage EDI declaration speeds customs clearance, requiring BD filing, verification, payment and out-of-charge endorsement.
Implementation of an Unaccompanied Baggage EDI module requires passengers to file a revised Baggage Declaration at a Service Centre where data is entered into the Customs EDI System on payment of a prescribed fee, a Check List is printed for verification and authorization, and the Inspector examines passport and baggage before forwarding the BD online to the Superintendent. Where no TR benefit or adjudication is required, a final BD or challan is issued for payment of duty, fine or penalty and the Superintendent grants an out of charge endorsement, after which the passenger proceeds to the CFS for gate pass and delivery.
Comprehensive Guidelines on Over the Counter (OTC) Foreign Exchange Derivatives – Cost Reduction Structures
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Cost reduction structures allowed to hedge exchange rate risk for trade, external commercial borrowings and specified domestic loans.
Permits use of cost reduction structures in OTC foreign exchange derivatives to hedge exchange rate risk for trade transactions, External Commercial Borrowings, and extends that permission to foreign currency loans availed domestically against FCNR(B) deposits, with regulatory amendments to the FEMA derivative regulations to be notified separately.
Overseas Direct Investments by Indian Party – Rationalisation
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Overseas direct investment reporting requirement: annual APR submission by Indian parties based on audited accounts to authorised dealers.
Indian parties that have established or acquired overseas JVs or WOSs must submit an Annual Performance Report (APR) in Form ODI Part III to their designated Authorised Dealer annually, prepared on the basis of the latest audited annual accounts of the JV/WOS unless the Reserve Bank exempts them; the prior conditional exemption permitting APRs based on un audited accounts continues, and AD Category I banks should notify constituents.
Addendum to Circular No. CIR/MRD/DP/21/2012 dated August 02, 2012 on activation of ISIN in case of additional issue of shares/ securities
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Freeze on additional-issue securities until final listing approval, and exchanges must synchronize and notify depositories.
SEBI requires that ISINs for additional issues of listed securities be frozen until final listing/trading permission is granted; depositories must implement a freeze mechanism and stock exchanges must notify depositories of final approvals and synchronize effective listing/trading dates for multi-exchange listings.
Trade Credits for Import into India.
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Extended trade credit permitted for infrastructure importers up to five years, subject to contracting and documentation conditions.
AD Category I banks may approve trade credit for import of capital goods with extended maturities for infrastructure sector borrowers up to five years if the credit is contracted ab initio for at least fifteen months and is not a short term rollover; AD banks may not issue Letters of Credit/guarantees/LoU/LoC for the extended period beyond three years. The circular sets all in cost ceilings linked to the relevant benchmark for different maturity bands and affirms unchanged applicability of other trade credit rules.
ECB Policy – Bridge Finance for Infrastructure Sector.
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Bridge finance refinancing under automatic route permitted for infrastructure imports, subject to verification and ECB compliance requirements.
Refinancing of bridge finance in the form of buyers' or suppliers' credit for infrastructure imports is permitted under the automatic route if the trade credit is refinanced before the permissible trade credit period, the authorised dealer verifies import of capital goods via the Bill of Entry, the original trade credit and imports comply with trade credit and DGFT policies, and the proposed ECB complies with all extant ECB guidelines.
ECB Policy – Repayment of Rupee loans and/or fresh Rupee capital expenditure – USD 10 billion scheme .
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External commercial borrowings eligibility expanded, increasing permissible share of export earnings and imposing a per-entity and group cap.
The circular revises ECB eligibility and limits for repayment of rupee loans and fresh rupee capital expenditure by increasing the permissible ECB for an individual company to seventy-five per cent of average foreign exchange earnings over the immediate past three years or fifty per cent of the highest such earnings in any of those years, allows SPVs with at least one year of existence to avail up to fifty per cent of past year export earnings, and imposes a maximum per-company and group cap; other scheme conditions remain unchanged.
Making E-Payment mandatory for ACP Clients and Importers paying Customs duty of more than 1 Lakh
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E-payment mandate for accredited clients and high-duty importers requires electronic payment and readiness for systems changes.
E-payment is mandated for importers under the Accredited Clients Programme and for importers paying customs duty above the prescribed threshold per bill of entry, aligning local practice with the referenced central circular and requiring trade associations to ready members for software or procedural changes; EDI and systems contacts are listed for clarification and implementation difficulties are to be reported to the Commissioner of Customs (Imports).
Cenvat credit of basic excise duty for payment of NCCD.
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Cenvat credit use for basic excise duty may fund NCCD on final products, subject to specified tariff exceptions.
Cenvat credit of basic excise duty paid on inputs used in or in relation to manufacture of final products may be utilised for payment of National Contingency Calamity Duty (NCCD) on those final products, except as barred by the fifth proviso which disallows such utilisation for goods falling under specified tariff items. Cenvat Credit Rules also require that credit of NCCD itself be used only for payment of NCCD, without affecting the permissibility of using basic excise duty credit for NCCD.
29/2012 - 10-09-2012 Companies Law
Condition to be imposed for conersion of ordinary Society into Producer Company,Part-IX A of the Companies act,1956.
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Conversion of Cooperative Society: Registrar must obtain local cooperative department consent confirming no dues and no objection.
The Registrar of Companies must obtain a written certificate from the local Cooperative Department certifying the society has no dues payable to the State and that the Department has no objection to conversion into a Producer Company, and must satisfy itself that the society has extended activities outside its State; doubtful cases should be referred to the Ministry.
Grant of exemption from furnishing Security/Bank guarantee by Central/State Government Undertakings for storing sensitive goods in private bonded warehouses – regarding.
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Exemption from bank guarantee: public sector undertakings exempted from security for storing sensitive goods, bond obligations remain.
The Circular exempts all Central and State Public Sector Undertakings from furnishing a bank guarantee or other form of security for storing sensitive goods in duty free shops they operate, while maintaining the obligation to execute a double duty bond and to comply with other licensing conditions under the private bonded warehouse procedure; public notice and standing order publication is directed and implementation difficulties must be reported to the Board.
Constitution of Dispute Resolution Panel - Section 144C
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Dispute Resolution Panel composition adjusted to replace conflicted supervising officers, with alternative members and taxpayer objection mechanism.
The Central Board of Direct Taxes constitutes three-member Dispute Resolution Panels for specified areas, naming primary and alternate members; where a listed member was the supervising officer of the Transfer Pricing Officer or Assessing Officer at the time of issuance of the transfer pricing or draft assessment order, the alternate members shall constitute the Panel for that draft assessment. Taxpayers may consent to the primary panel; members will perform DRP duties in addition to regular duties until directions are issued, and the order supersedes earlier orders and is effective from the notified effective date.
Overseas Investment by Indian Parties in Pakistan.
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Overseas direct investment approvals: Indian parties' investments in Pakistan now subject to regulated approval route under FEMA.
Overseas direct investment by Indian parties in Pakistan will be considered under the approval route of Regulation 9 of the Foreign Exchange Management (Transfer or Issue of Any Foreign Security) Regulations, 2004, replacing the prior prohibition in Regulation 6(2); amendments to the Regulations will be issued and Authorised Dealer (Category I) banks are to inform their constituents. The direction is issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act and is without prejudice to other legal permissions.
18 - 07-09-2012 VAT - Delhi
Online issue of Central Declaration Forms.
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Online issuance of Central Declaration Forms enables dealers to requisition and immediately download and print Forms C, F and H.
A fully automated online issuance mechanism allows registered dealers to log in with TIN and password, submit requisitions for Central Declaration Forms C, F and H, and immediately download and print the requested forms; detailed instructions are available in the website User Manuals and issues may be notified through the Helpdesk link.
COMPANY LAW BOARD HEREBY CONSTITUTES THE FOLLOWING BENCHES FOR THE PURPOSE OF EXERCISING AND DISCHARGING THE BOARD'S POWERS AND FUNCTIONS
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Constitution of Benches allocates jurisdiction and member composition for company law matters, and sets procedural handling of pending petitions.
The Company Law Board Order constitutes Principal and regional benches with specified members, allocates subject-matter jurisdiction under the Companies Act and an RBI Act provision to particular benches and territorial divisions, designates handling of matters pending before the Principal and Additional Principal Benches, and directs that members who had reserved orders before commencement shall pass final orders after due notice; the Order supersedes earlier constitutions and takes effect on the stated date.
Verification mechanism and monitoring of export obligation under duty exemption/ reward Schemes- reg.
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Address verification and utility-bill checks required to confirm installation and operation of imported capital goods under duty-exemption schemes.
Customs must conduct random address verifications for EPCG, DFIA and Advance Authorization authorizations, preferably via Central Excise authorities, and ensure submission and random checking of Installation Certificates for capital goods. For EPCG verifications, Central Excise authorities are required to include periodical utility bills bearing the address as a means to verify installation and operation of imported capital goods. Commissioners should issue standing orders or notices to ensure these verification procedures are followed.
Exim Bank's Line of Credit to the Government of Mongolia .
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Line of credit conditions require majority India sourcing, set LC/disbursement timelines, and mandate GR/SDF shipment declarations.
A Line of Credit to Mongolia finances eligible machinery, equipment, goods and consultancy services for a joint project, requiring at least 65 percent of goods and non consultancy services to be sourced from India and permitting up to 35 percent procurement from outside India; the agreement sets separate timelines for opening Letters of Credit and disbursement for project exports and supply contracts, mandates GR/SDF shipment declarations, disallows agency commission under the LOC while permitting exporter funded commission remittances subject to realization and prevailing rules, and directs AD Category I banks to notify exporters under FEMA authorities.

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Acts Income Tax