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Circulars
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Import of goods under Notification No.13/2010-Customs dated 19.2.2010 for Commonwealth Games, 2010 - regarding
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Customs exemption procedure for Commonwealth Games imports permits importer amendment with undertaking to secure duty free clearance and compliance.
Board permits substitution of importer to OC CWG or Prasar Bharti by Customs NOC and carrier amendment to IGM/Bill of Lading, with invoice endorsement, filing or amendment of Bill of Entry in the new importer's name, and mandatory undertakings on stamp paper committing to the exemption conditions and payment of duty if obligations (consumption, re export or handover) are not met; Customs to expedite clearance and issue public guidance.
Refund of 4% CVD (SAD) in terms of Notification No.102/2007-Customs dated 14.9.2007 by re-crediting the DEPB scrip / reward scheme scrips - regarding
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Re-credit of duty credit scrips allowed manually to enable CVD refund and manual bill of entry processing
Registration of re-credited DGFT duty credit scrips for refund of CVD shall be allowed on a manual basis where EDI cannot record such re-credits; manually filed Bills of Entry may utilize re-credited balances. Commissioners must issue consolidated certificates showing total sanctioned refunds to enable DGFT re-crediting. Manual processing is permitted only where the duty payable does not exceed the re-credited scrip balance, re-credits must be used for BCD and CVD only, and measures must be taken to prevent misuse; administrative notices and reporting to the Board are required.
20/2010 - 13-08-2010 Central Excise
Clean Energy Cess - Interim Accounting Code
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Clean Energy Cess accounting: interim booking under Union Excise Duty pending creation of a permanent head of account.
Collections of the Clean Energy Cess must be provisionally accounted under Major Head 0038 - Union Excise Duty in the Sub Head/Minor head for Receipt Awaiting Transfer, using the specified reduced accounting code for interim deposits. Pay & Accounts Officers should maintain separate records of these provisional bookings so the amounts can be transferred to the permanent Head of Account once opened by the Controller General of Accounts.
Computerized Processing of Bills of Entry under the Indian Customs EDI System - Imports (ICES –I) at ICD Maliwada
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Computerized processing of Bills of Entry at ICD Maliwada mandates electronic filing, registration and automated assessment workflows.
Computerised processing of Bills of Entry at ICD Maliwada requires electronic filing and pre registration (IE Code, CHA, shipping/agents, licences and ICEGATE), strict data capture per Annexure C, and adherence to code lists and bank certified exchange rates. ICES automatically validates declarations, applies exchange rates, assigns B/Es to Appraising Groups, computes duty using tariff and notification directories, supports System/First/Second check appraisement, concurrent audit, and generates assessed B/E and TR 6 challans for payment and goods examination. Licence, DEPB and Bond registration and debit/credit rules are mandatory for claiming exemptions and for goods release.
Updation of investor related documents
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Investor documentation access: AMCs must maintain complete investor records to enable direct investor transactions and prompt service.
AMCs and mutual funds must maintain all investor-related documents (account opening forms, PAN, KYC, PoA if applicable, specimen signatures) with AMCs/RTAs; new folios may be opened only after these documents are available. Existing folios must be updated by November 15, 2010, and trustees must submit independent auditor certification of completion by November 22, 2010.
Movement of customs cleared Export containers from JNPT to Mundra/Pipavav port - reg.
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Movement of customs cleared export containers by rail permitted to alternate ports with originating port clearance and operator liability.
Temporary authorisation allows movement of customs cleared export containers by rail from the originating port/CFS at Nhava Sheva to Mundra or Pipavav after completion of customs clearance, examination, stuffing and sealing at the originating port; documentation and drawback/payment processes are to remain at the originating port, with procedural modifications including use of an authenticated Shipping Bill photocopy as a transference copy, movement under existing import Bonds, and rail operator undertakings accepting liability for shortages and repayment of drawback or duty equivalents.
External Commercial Borrowings (ECB) Policy - Liberalisation
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External Commercial Borrowings liberalisation allows hotels, hospitals and software firms to seek larger capital-expense loans under approval route.
Corporates in the hotel, hospital and software sectors may seek External Commercial Borrowings beyond the automatic limit under the Approval Route for foreign currency and/or rupee capital expenditure for permissible end uses; ECB proceeds must not be used for acquisition of land, and all existing ECB norms (eligible borrowers and lenders, end use, all in cost, maturity, prepayment, refinancing and reporting) continue to apply. The modification is effective immediately under FEMA authority.
Submission of hard copy of documents necessary for granting online registrations
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Submission of hard copy documents required for online registrations; non-submission leads to application rejection and reduced processing delay.
Applicants filing online for service tax registration must submit the specified hard copy documents to the Range/Division office as listed in Trade Notice No. 15/ST/2009; if required documents are not furnished within seven days of the online filing or issuance of the notice, the applications will be rejected.
Role of Zonal DC
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Zonal Development Commissioner coordination centralises SEZ single-window processing, approvals, inspections and claims administration.
Zonal Development Commissioners centralise SEZ administration by operating a Single Window Mechanism at zone, state and central levels; holding regular Approval Committee meetings to review zone development and pending approvals; compiling and coordinating matters before State Level Single Window Committees; forwarding inter-departmental matters to the Department of Commerce for BOA placement; sanctioning reimbursement-of-duty claims and handling DEPB claims within their jurisdiction; conducting notifications and inspections and maintaining original SEZ files; coordinating staffing and cost-sharing for private SEZ officers; and maintaining consolidated SEZ data for reporting.
Arbitration Mechanism in Stock Exchanges
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Arbitration mechanism in stock exchanges: mandatory panels, timelines, fee rules, appellate process and award implementation.
Exchanges must provide an arbitration mechanism for client member disputes under the Arbitration and Conciliation Act, maintain a panel of arbitrators selected on transparent criteria with required declarations, education and performance appraisal, and enforce a code of conduct. Procedural rules include limitation under the Limitation Act, sole arbitrator for claims up to Rs.25 lakh, three arbitrators above that, 30 day appointment timelines, awards within four months (with limited extensions), appellate arbitration timelines, prescribed deposits and fee scales with limited exemptions, venue requirements for national and other exchanges, escrow and payment procedures for awards favoring clients, and mandatory recordkeeping and public disclosure.
Feeding of Examination report in EDI at the Import Docks- Reg.
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Examination report filing in EDI must occur same-day; shift-specific upload timing required and supervisors notified for exceptions.
Examination reports must be entered into the Electronic Data Interchange (EDI) system on the same day the physical examination is conducted; first-shift reports are to be uploaded before the second-shift round and second-shift reports after completion of that round. Where same-day entry is not possible, the matter must be reported to the supervising Deputy/Assistant Commissioner (Import Docks) for review and corrective action.
Re-print of B/Es after Out of Charge-reg.
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Reprint procedure for Bills of Entry: supervisor verifies misprints and AC/DC issues reprint command with register authentication.
Re-print procedure for Bills of Entry after Out of Charge requires the importer/CHA to approach the Superintendent/Appraiser who effected Out of Charge; that officer verifies misprint or non-print, records B/E details and importer name, and telephones the AC/DC to obtain a re-print command if necessary. A register of such requests must be maintained by the Superintendent/Appraiser and countersigned by the AC/DC on the same or next working day.
De-notification of a part of open area of ā€˜E’ Shed Grain Depot, at Cotton Green – reg.
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De-notification of customs area permits construction of an exclusive port road subject to fencing relocation.
The Commissioner of Customs modifies the earlier notification to denotify an area of 3405.05 square metres on the west side of the 'E' Shed Grain Depot at Cotton Green to permit construction of an exclusive port road; the de-notification is subject to the port trust shifting the west-side fencing toward the shed so the road remains outside the Customs-notified area.
Procedure regarding removal of goods to bonded warehouse under Rule 46(13) of SEZ Rules, 2006 - reg.
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Re-warehousing certificate requirement for SEZ removals to bonded warehouses ensures customs verification and potential duty recovery.
Procedure requires filing a Yellow Bill of Entry with invoice, packing list and a bonded warehouse space certificate; goods move on the fifth copy of the YBE bearing SEZ Customs verification marks and numbers; the bonded warehouse customs officer retains the fifth copy and issues a re-warehousing certificate which the SEZ unit must submit immediately to SEZ Customs, failing which SEZ Customs will initiate action to recover duty and interest.
83 - 10-08-2010 Income Tax
1 st Cycle of CASS for returns filed during Financial Year 2009-10-Selection of cases for scrutiny through Computer Assisted Selection of cases (CASS) program on parameters decided by CBDT - Regarding.
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Computer Assisted Selection of Cases: centralised compulsory selection for income tax returns with AO feedback and notice controls.
CASS will be run centrally for returns filed in FY 2009 10 on CBDT approved parameters; selection is compulsory and non score based, manual selections must be entered, AOs can view CIB data and must record scrutiny feedback, notices u/s 143(2) are to be generated only by officers with jurisdictional PAN, and AOs can enter notice service dates in AST. Selection under "Agriculture income" may be disapproved by CCIT as per user manual procedures.
Customs Clearance at Air Cargo Complex, Bangalore-Procedure for filing and processing of export documents - Reg.
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Customs clearance checklist amendments clarify document naming, shorten submission timeframe and assign responsibilities.
Corrigendum to the Trade Facility Circular revises documentary nomenclature by deleting a parenthetical reference to Annexure C, substituting "Checklist" for specified instances of "Annexure C", and replacing one reference to "copy of the checklist" with "Annexure C". It also shortens a prescribed submission timeframe to four hours and substitutes "CHA" for "airlines" in the designated paragraph, while leaving all other provisions unchanged.
Service tax on commission received by Primary Dealers dealing in Government Securities - regarding.
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Underwriting of government securities: service tax not leviable on primary dealers' underwriting commissions under current definitions.
The circular concludes that because the statutory definitions of underwriting and underwriter refer to underwriting of securities of a body corporate, and government securities issued and auctioned by the Reserve Bank on behalf of the Central Government are not securities of a body corporate, service tax is not leviable on underwriting fee or underwriting commission received by Primary Dealers dealing in government securities.
03/2010 - 10-08-2010 Companies Law
Easy Exit Scheme, 2010
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Authorized signatory for government companies may complete Easy Exit Scheme filings where no board exists.
When a wholly government-owned company has no board, an administrative ministry officer not below Deputy Secretary may enter required particulars in Form EES and Annexures A, B and C and sign those documents in place of directors for filing under the Easy Exit Scheme, 2010.
Appoints Common Adjudicating Authority
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Common adjudicating authority appointed to adjudicate a Directorate-issued show cause notice against an importer.
The Central Board of Excise & Customs, invoking powers under notifications issued under subsection (1) of section 4 of the Customs Act, assigns a Directorate-issued show cause notice in respect of a commercial entity to a Commissioner of Central Excise (Adjudication) for adjudication, effecting an administrative transfer of responsibility for adjudicating the notice.
Issue of Certificate of lower deduction or non deduction of tax at sources (TDS/TCS) u/s 197 of the Income Tax Act and certificate for lower collection of income tax u/s 206C(9)- regarding.
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Lower TDS/TCS certificate issuance must be generated via ITD system immediately, centralising records and processing.
Certificates for lower or nil deduction under Section 197 and for lower collection under Section 206C(9) must be generated and issued by the assessing officer through the ITD system's TDS module; prior administrative approval requirements and monetary-limit approval provisions continue to apply, and system process flow is prescribed in DIT (Systems) TDS/TCS instructions.

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