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Circulars
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Concessional rate of duty on import of Gold & Silver under NTF. No. 62/2004-CUS., DT.12/05/2004
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Concessional duty on gold and silver extended to all importers, excluding imports via post, courier or baggage.
Notification No. 62/2004-Cus. extends concessional rates of customs duty on specified gold and silver items to all importers, removing the prior restriction to certain authorised agencies. The concessional scope covers items classified under Chapter 71 as "gold in any form" or "silver in any form" (excluding jewellery and foreign currency coins), and excludes imports by post, courier or baggage; fineness need not be 24 carats.
Extension of the Status Holder Certificate expiring on 31/03/2004
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Status holder renewal extended-benefits allowed on a one-time undertaking pending issuance of renewed certificate to authorities.
Status holder certificates expiring on 31.03.2004 are treated as automatically renewed from 01.04.2004 until allotment of a renewed certificate for eligible applicants; exporters may receive status holder scheme benefits during the interim period if they submit a one-time undertaking to DGFT/regional offices/Customs or other appropriate authorities confirming required export turnover and committing to apply for renewal by the prescribed cutoff.
Implementation of provisions of clause (3), sub-clause (22) of Plant Quarantine (Regulation of Import into India) Order, 2003-reg
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Phytosanitary certificate requirement for packaging materials suspended; wood packaging treatment rule scheduled to commence subsequently.
Implementation of a phytosanitary certificate requirement for packaging materials of imported goods was withheld; the Ministry of Agriculture deleted the earlier sub-clauses imposing that requirement and inserted a new provision prescribing treatment of wood packaging materials, with the new provision scheduled to enter into force at a later commencement date.
Corrigendum to Circular No.786/19/2004-CX dated 19/05/2004
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Warehouse registration list expanded to include Kancheepuram district, altering specified eligible locations for establishment and registration.
Corrigendum inserts the District of Kancheepuram (Tamil Nadu) into the list of locations where the warehouses may be established and registered, thereby amending sub paragraph (2) of Paragraph 2 to include specified districts alongside Ahmedabad, Bangalore, Kolkata, Chennai, Delhi, Hyderabad, Jaipur, Ludhiana, Mumbai, Pune, Raigad, East Midnapore and Indore.
Export of resultant goods manufactured by using goods obtained without payment of duty under NTF. No.43/2001-CE(NT) - reg.
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Export under Rule 19: goods made from duty free inputs must be exported under export without payment procedures per clarificatory amendment.
Goods manufactured using materials procured without payment of duty under Notification No.43/2001 C.E.(N.T.) must be exported under Rule 19(1) of the Central Excise Rules and subject to the conditions, safeguards and procedures of Rule 19(3); a clarificatory amendment to the notification makes this position explicit and excludes export under rebate procedures.
Electronic filing of Central Excise Returns – regarding.
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Electronic filing of excise returns enables optional online submission with validation, offline upload and integration for regulatory reporting.
An optional electronic filing facility is provided for monthly and quarterly Central Excise returns and dealers' returns for assessees with a 15 digit ECC. Eligible assessees must apply to their jurisdictional officer; the ECC will be the user id and the Systems Manager will issue an initial password. Offline preparation, validation checks, preview/print and upload functions are available. Divisions must verify registration details, download e filed returns for Range officers, integrate e filed and manual data for reporting, and ensure adequate connectivity and user support.
Implementation of provisions of clause (3), sub-clause (22) of Plant Quarantine (Regulation of Import into India) Order, 2003 - Regarding
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Phytosanitary certificate requirement suspended; implementation for packaging material imports withheld pending further orders from authorities.
The Department of Revenue directs that implementation of sub clause (22), clause (3) of the Plant Quarantine (Regulation of Import into India) Order, 2003-requiring phytosanitary certificates for packaging material of imported goods-be withheld from the deferred commencement date and remain suspended until further orders, with the Notification of the Ministry of Agriculture having previously deferred its start date to 1 June 2004.
Regarding Central Excise duty on packed tea during the period 02/06/1998 to 23/06/1998
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Excise duty on bulk tea clarified: tea in oversized retail containers attracted nil rate during the interim notification period.
Clarification that the Government did not intend to levy Central Excise on bulk tea packaged in containers exceeding 20 kg, since such containers are not normally treated as packaged tea for retail sale; therefore tea put up in containers exceeding 20 kg per container attracted a nil rate of duty during the interim period between the initial notification and its subsequent amendment.
Excise Duty on readymade garments claimed as `Handicrafts’
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Handicraft characterization governs excise exemption: apply predominance of handwork and substantial ornamentation criteria.
Excise duty exemption for readymade garments as handicrafts depends on the Supreme Court tests: predominantly made by hand and graced by substantial visual ornamentation. Development Commissioner views may be considered but must align with the Court's principles. Classification is a question of fact; assess intricacy of design, originality and extent of hand ornamentation, individual artistic skill, and value addition from handwork when deciding exemption eligibility.
Intimation of seizure, detention & confiscation of goods to custodians - Regarding.
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Seizure notification: Customs must immediately inform custodians when goods are seized, detained or confiscated and confirm receipt.
The Board directs that whenever goods are seized, detained or confiscated the custodian must be informed immediately by Customs or the concerned authority, and authorities are required to take necessary action and record acknowledgement of receipt.
Amendments to the SEBI (Disclosure and Investor Protection){DIP} Guidelines,2000
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Minimum application value requirement revised, with proportionate allotment rules and mandatory face-value disclosure in offers.
Amendments replace share-count tradable-lot rules with a prescribed minimum application value set by issuer and merchant banker within a specified range, require proportionate allotment rounded to the nearest integer subject to a minimum equal to the disclosed minimum application size, mandate disclosure of face value and issue-price multiples in offer materials, permit GSO across public issues with conditions on promoter/pre-issue shareholder lending, and allow shelf-prospectus tranche retention within disclosed limits provided tranche-level minimum and over-subscription retention are disclosed.
Monetary limits for filing Departmental appeals/references before Income-tax Appellate Tribunal, High Courts and Supreme Court-Measures for reducing litigation
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Monetary limits for filing appeals modified: specified paragraph deleted with immediate effect, circulation and strict compliance required.
The Board has directed deletion of paragraph 3(iii) of the earlier Instruction, with immediate effect, thereby revising the monetary limits governing departmental appeals and references; the change must be circulated for strict compliance as a measure to reduce litigation.
Granting of Recognition to Sub brokers
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Recognition of sub-brokers required before registration recommendation; exchanges must derecognise before forwarding cancellation and grant recognition promptly.
Exchanges must recognise sub-brokers before recommending their registration to the regulator; cancellation requests must be forwarded only after the exchange has de-recognised the sub-broker. Exchanges must promptly grant recognition to all existing sub-brokers if not already done.
Straight Through Process ing Service in the Indian Securities Market
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Straight Through Processing framework mandates SEBI approval, digital signatures, secure message integrity and mandated recordkeeping.
These Guidelines create a regulated STP framework requiring SEBI approval for centralised hubs and service providers, set eligibility and time limited approvals, and prescribe distinct operational duties: hubs must ensure continuous secure connectivity, verify digital signature certificates, confirm message authenticity, digitally sign outgoing messages, maintain directories and complete message flow records open to SEBI inspection; service providers must connect to the hub, validate certificates, follow messaging standards, maintain user directories and audit records, and route inter provider messages through the hub except in limited emergencies.
Regarding appropriate customs representation in the FTA negotiating team.
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Misuse of FTA origin rules: policy disputes go to Commerce; enforcement referrals directed to customs investigation units.
Allegations of manipulation of country of origin and value addition under the Indo Sri Lanka FTA raise policy and enforcement issues. Policy or dispute settlement matters must be referred to the Ministry of Commerce via the Department of Revenue, while instances suggesting offences-such as gross undervaluation, under invoicing, violation of agreement terms, or undeclared country of origin-must be referred to the Commissionerate Special Investigation Branch or the Directorate General of Revenue Intelligence for investigation.
Assessment of Non-EDI [Manual] Bill of Entries – reg.
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Assessment of Manual Bills of Entry: tariff-specific appraising groups to assess non-EDI entries, exceptions handled by Group II B.
All manual (non-EDI) Bills of Entry shall be assessed and audited by the Appraising Groups for the respective tariff items, except Direct Delivery Bills of Entry, defence and diplomatic imports, and current newspapers and magazines; Appraising Group II B will undertake assessment and permissions for those exceptions and maintain registers. The import noting section will allocate the "Thoka No." to allowed manual Bills of Entry and keep a register recording B/E and IGM details, importer, goods description, declared assessable value, Appraising Group, CHA/self and remarks.
Central Excise-Coercive action for the recovery of arrears when the appeal/stay application is pending in Tribunal
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Stay orders on appeals: coercive recovery postponed until expiry of prescribed statutory periods or disposal.
Coercive recovery of excise arrears is permitted after set intervals when no stay accompanies a first-stage appeal-shorter where appeals lie to Commissioner (Appeals), longer where appeals lie directly to the Tribunal. Conditional stay orders permitting recovery if conditions are not met allow immediate recovery after the time for compliance lapses. For stay petitions before the Tribunal, field officers must refrain from coercive action until the Tribunal's prescribed disposal period expires or the stay is disposed of, and these instructions apply only to stay applications filed with first-stage appeals against Orders-in-Original of Commissioners.
Foreign Exchange Management (Borrowing and Lending in Rupees) Regulations, 2000 - Housing Loan in Rupees to NRIs/PIO
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Housing loan repayment by close relatives now permitted, allowing direct payments from Indian bank accounts to the loan account.
Authorises housing loans in rupees to NRIs/PIOs for residential acquisition in India and requires repayments-instalments, interest and charges-by inward remittance, debit to permitted non resident accounts or rental income. The circular liberalises repayment mechanisms by allowing close relatives in India to repay directly from their bank accounts to the borrower's loan account with the authorised dealer or approved housing finance institution.
Bonafide technical and procedural mistakes by Job workers to be viewed leniently
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Leniency for bonafide procedural mistakes: accept simplified movement documents and non-standard units if goods are properly accounted.
The circular permits acceptance of simplified movement documents and the use of non-standard units for job-work consignments if essential particulars are present and quantities are satisfactorily accounted; Commissioners are directed to examine local trade practices and exercise discretion, viewing bonafide technical and procedural mistakes by typically small job-workers leniently.
Posting of Cost Recovery Officer in EOU/EHTP/STP Regarding
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Cost recovery posts require prior IFU sanction for extension and shared charges when officers serve multiple export units.
Clarifies that cost recovery posts for officers in EOUs and EHTP/STP units are sanctioned annually and require prior IFU sanction for continuation beyond one year; modifies the earlier circular accordingly. Where a cost recovery officer serves more than one EOU, the post cost shall be equally shared among those EOUs and this sharing must be recorded in the posting order; past noncompliance need not be reopened. Cost recovery charges for fully export-oriented units are to be based on the average cost of the post.

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