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Circulars
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Duty Drawback - All Industry Rates of Drawback effective from 1.6.99-SS.No. 63.061 - All Other Made Ups - Clarification
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Drawback entry clarification: wording error does not change coverage; original "All Other Made Ups when Modvat not availed" remains operative.
The entry SS No. 63.061 for All Other Made Ups when Modvat facility has not been availed remains unchanged in the 1999-2000 Drawback Table; Notification 14/99's truncated wording was inadvertent and a Public Notice may be issued to clarify that the original formulation continues to apply.
Duty Drawback - All Industry Rates of Drawback effective from 1.6.99-Instructions regarding
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Duty drawback rate revisions introduce new items, caps, and procedural changes affecting claims processing nationwide.
Notification revises the All Industry Rates of Drawback effective from 1.6.99, fixing rates for new items (including tea for indigenous proportion, naphtha, fancy leather gloves, carding machines, and gasket with cork), increasing some rates to offset surcharges, maintaining others, and reducing many following excise rationalisation. Maximum value caps have been imposed on selected products and each rate is assigned a distinct serial/sub serial number for EDI processing. Commissioners must monitor payments and report anomalies; staff must publicise the changes and report implementation difficulties. Drawback Rules, 1995 updated, with Rule 13(4) time limit revised in line with Section 75A.
June 1999 to be observed as ‘arrears clearance’ month
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Drawback claim clearance requires expedited finalisation and reporting of pending and disposed cases within the designated month.
Designation of June 1999 as an Arrear clearance month requires all pending customs drawback claims to be finalised expeditiously to avoid statutory interest; cases requiring reconstruction of old files must be disposed within the month and a report on disposed and pending cases submitted to the Board by 7th July, 1999.
457/23/99 - 20-05-1999 Central Excise
Dispensing with maintenance of records in a specific format prescribed by the Central Excise Department and acceptance of records maintained in the normal course by the factories paying Central Excise duly exceeding Rs. 5 crores from account
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Acceptance of private records permits large excise taxpayers to use normal books instead of prescribed statutory formats.
Factories meeting the high excise-payment threshold may elect to maintain their ordinary private books in lieu of prescribed statutory records, provided those records contain required information about production, materials and duty and are maintained with daily entries (unless otherwise permitted). The Commissioner may deem such private records proper and exempt the class from prior authentication; assessees must notify the Commissioner in writing identifying which private records replace each statutory record. Computerised records require monthly printed, serialised and bound copies, specified summary returns must still be submitted, and records must be preserved for a minimum period.
Inter-Depository Transfer of Beneficial Ownership of Securities
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Inter-depository transfer of beneficial ownership requires issuer or registrar to update registered ownership and notify depositories promptly.
Inter-depository transfer of beneficial ownership shall be effected by depositories only after the issuer-company or the registrar and share transfer agent effects the change in registered ownership in favour of the transferee-depository; the issuer, registrar or share transfer agent must effect the necessary changes in their records and communicate the same to the depositories within two hours of receipt of the request for transfers. This directive is effective immediately.
Export of goods and services against repayment of state credits granted by erstwhile Soviet Union
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State credit reimbursement procedure requires rupee LCs, RBI confirmation and nominated bank claims within prescribed working days.
Exports to Russia may be settled by rupee denominated Letters of Credit annotated "Reimbursement against repayment of State Credits" issued or confirmed by BFEA; nominated banks must obtain RBI confirmation of reimbursement conditioned on availability of funds in BFEA's Central Account and matching LC details, register LCs via a designated Mumbai Link Branch, and submit claims in the prescribed format within the stipulated working day limit, while repayments must be used solely to finance exports to the Russian Federation.
Service Tax — Decentralisation of service tax works at Divisional level
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Service tax centralisation in metro commissionerates to reduce taxpayer inconvenience; decentralisation allowed elsewhere for efficiency.
Service tax administration in metropolitan commissionerates is to be centralised at the Commissionerate Headquarters to reduce inconvenience to assessees caused by divisional decentralisation. Commissioners of other commissionerates may decentralise where that better serves administrative efficiency and assessee convenience. Doubts about centralisation or decentralisation should be referred for discretionary determination and any special local arrangements must be notified to higher administrative authorities.
Acceptance of returns under section 143(1)(a) of the Income-tax Act, 1961 as amended by the Finance Act, 1999.
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Removal of prima facie adjustment requirement under section 143(1)(a) applies to returns filed and pending from June first.
The Finance Act, 1999 removed the prima facie adjustment requirement under section 143(1)(a), changing the acceptance procedure for income tax returns. The amendment is effective from 1 June 1999 and applies to returns filed on or after that date as well as to returns filed earlier but pending on that date.
Service Tax — Decentralisation of service tax works at Divisional level
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Service tax administration centralized at metro headquarters; decentralisation elsewhere subject to Commissioner discretion and higher authority referral.
In metropolitan areas, service tax administration shall be conducted from Commissionerate Headquarters to avoid multi-office visits by assessees; other Commissionerates may decentralise subject to administrative efficiency and convenience. Doubts on centralisation or decentralisation are to be referred to the Chief Commissioner of Central Excise for discretionary local arrangements, with intimation to the Board and the Directorate General (Service Tax).
Green Card application
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Green Card eligibility expanded allowing qualifying exporters access to automatic licence entitlement and other administrative benefits.
Adds a new provision allowing exporters eligible under the Policy to apply for a Green Card using Appendix 56, filed with the Regional Licensing Authority where the Head/Registered Office is located. Green card holders qualify for automatic licences and other announced benefits. The Appendix prescribes required applicant details and mandatory enclosures: SSI/Industrial Licence/IEM or specified quality certification, a Chartered Accountant/Cost Accountant certificate certifying over fifty percent of production exported in the preceding year (or quality certification), and a Chartered Accountant/Cost Accountant certificate verifying FOB export value in the Appendix 26 format.
Import of Mulberry Raw Silk under Special Import Licenece (SIL)
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Import of Mulberry Raw Silk: consignments with notified agency grade certificates may clear customs without further reference.
Consignments of mulberry raw silk imported under Special Import Licence pending customs clearance and accompanied by grade certificates from notified agencies may be cleared by customs on the strength of those certificates without further reference to the Central Silk Board, except where samples have already been drawn and the Central Silk Board has disputed the gradation certified by a foreign inspection agency.
456/22/99 - 18-05-1999 Central Excise
CE - Scope of word 'site' appearing in Notification No. 5/98-Ce dated 2.6.98 (s.No.182(iii))
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Scope of site clarified: contract-specified premises qualify for construction-use exemption when goods are used exclusively for the project.
The Board clarifies that the term site for the construction-use exemption includes any premises specifically identified in the construction contract as made available to the manufacturer for producing goods (such as precast beams and girders), provided those goods are manufactured solely for and used in the specified construction work; this position extends mutatis mutandis to the corresponding tariff subheading.
Guidelines on avoiding undesirable name for companies in terms of section 20
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Undesirable company names: approval requires no phonetic/visual resemblance and sectoral regulator consultation.
Registrars of Companies must refuse names that are visually or phonetically similar to existing companies; names beginning with lowercase letters are allowed if no resemblance exists. Change of name to indicate software business is permitted only where audited or chartered accountant-certified accounts show a substantial portion of income from software. Use of terms like "insurance" or "risk corporation" requires consultation with the Reserve Bank of India and the Insurance Regulatory Authority. Purely generic names are not acceptable as standalone company names.
Facility for permitting imports under DEPB Scheme at various Ports/Airports/ICDs through TRA Procedure - reg
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DEPB scheme import permissions extended to ICD Varanasi and Air Cargo Complex Varanasi under TRA procedure.
The Board amends its earlier Circular to insert a new paragraph adding ICD Varanasi and Air Cargo Complex Varanasi as customs stations permitted to handle imports under the DEPB Scheme through the TRA procedure, with all other provisions of the earlier Circular remaining unchanged.
Use of information technology in cash transaction of listed companies for payment of dividends
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Electronic dividend remittance encouraged to reduce delays and improve transparency through shareholder consent and bank account nomination.
Companies may remit dividends in cash, by cheque or warrant, and may also transmit dividends electronically where shareholders consent and nominate a bank account. The circular highlights losses and delays from postal warrants and, citing a vigilance recommendation favouring computerised remittance for transparency, urges listed companies to obtain shareholder authorisations for electronic transfer and to implement such procedures promptly to avoid delays and protect investors.
Revised guidelines for determination /verification of the Present Market Value (PMV) under DEPB Scheme- Regarding
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Extension of market-value inquiry allows prolonged provisional clearance and suspension of DEPB benefits pending completion.
Commissioner of Customs may extend the PMV inquiry period when satisfied of fraud, collusion, wilful mis-statement, or suppression of facts, recording reasons in writing; consignments may receive provisional clearance and provisional assessment of shipping bills, which shall not be entitled to DEPB scrip until the market inquiry is completed and assessments finalised, and a show cause notice shall be issued if the declared PMV is not accepted.
Placement of quantity of 10,500 MTs of Sugar from the Free sale Quota of 1998-99 Season (Oct, to Sept.) for export of preferential raw Sugar quota (1999-2000) to EEC
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Preferential raw sugar export quota allocated for EEC exports, placed with APEDA and subject to pre shipment certification.
A portion of 1998-99 free sale raw sugar production is allocated for preferential export to the EEC for 1999-2000 and placed with APEDA for issuance of Registration cum allocation Certificates to the nominated exporter; M/S Indian Sugar and General Industry Export Import Corporation Ltd. is appointed sole agency to export under this preferential arrangement, subject to prescribed pre shipment certification by the Export Inspection Council.
HB Vol.1 - DEPB Rate list - Appendix 28A
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DEPB rate amendments: revised export entitlement rates and value caps for specified product groups under export policy.
Public Notice amends Appendix 28A DEPB schedule by adding specified DEPB rates and monetary value caps for products in Plastic, Chemical, Engineering and Food groups, and revises certain product descriptions and the textile DEPB table to clarify rates and caps for dyed/printed fabrics, madeups, hosiery, and acrylic fur fabrics, as an update to the Handbook of Procedures under the Export and Import Policy.
SION - HB Vol.2 Amended/ Added
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Input Output norms amended: permitted import items and quantities under SION entries updated for export linked licences.
The Director General of Foreign Trade amends Standard Input Output Norms in the Handbook of Procedures, Vol. 2 by replacing descriptions, deleting specified import items and adjusting permitted quantities and CIF ceilings across numerous SION entries. The annexed schedule lists sectoral, entry by entry textual amendments-substituting precise permissible items, removing certain entitlements and restating CIF limits-so that import admissibility against export licences must conform to the revised item descriptions and deletions.
HB Vol.1 Classification - DES/DEPB/EPCG
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Conversion option for pending classification applications allows election under paragraph 7.5 before June 30, 1999.
Applicants with classification matters pending in ZALC/RALC may opt for conversion under paragraph 7.5 read with Customs notification 30/97 before 30th June, 1999, or have cases transferred to SALC. Production programme licences are allowed only until 30th June, 1999 subject to average FOB export value of preceding three licensing years. DEPB claims for lost Shipping Bills/Bank Certificates that would be time barred may be filed on or before 30th June, 1999. Licences issued before 1.4.99 permitting second hand capital goods under EPCG remain valid under paragraph 5.4. Newcomer Advance Licences may be issued post export on proof of Shipping Bills and Bank Certificates. Central Silk Board pre shipment inspection is not required for silk madeups and fabrics under DEPB.

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