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Circulars
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Draft Circulars for comments on Draft ‘Bill of Entry (Electronic Declaration) Regulations, 2011’and Draft ‘Shipping Bill (Electronic Declaration) Regulations, 2011’.
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Electronic filing requirement: importers and exporters must submit electronic declarations, generating unique identifiers to complete self-assessment.
The drafts mandate that authorised persons file import and export declarations electronically through ICES/ICEGATE or via service-centre data entry using prescribed Annexure formats; a declaration is deemed filed and self-assessed when ICES issues a unique bill/shipping bill number, after which originals and endorsed duplicate/exporter/exchange copies are processed and retained or handed over by the proper officer for clearance and any required examination.
Making E-payment of Customs duty mandatory
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E-payment mandate for customs duty: electronic payments required for high-value transactions and accredited importers for faster clearance.
The Board mandates electronic payment of customs duty through the Customs E-Payment Gateway (CEG) via ICEGATE for importers whose single-transaction duty meets the prescribed threshold and for all Accredited Client Programme participants regardless of amount. Procedures require opening an internet account with a designated bank, selecting unpaid challans on ICEGATE as a registered or unregistered user, redirecting to the bank for payment, obtaining a cyber receipt, returning to ICEGATE to complete verification, and automatic updating of the customs system to advance the bill of entry to examination. A VERIFY option addresses incomplete transactions and helpdesk support is provided.
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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Prohibition on plastic packaging for gutkha and pan masala prevents export in plastic sachets; exemption limited to carry bags.
The Rules bar use of plastic sachets and plastic material for packing gutkha and pan masala; the exemption in Rule 2 covers manufacture of carry bags exclusively for export purposes and does not extend to sachets or to units manufacturing pan masala/gutkha, so export of those goods in plastic sachets would contravene the Rules and past cases should be finalised with guidance issued.
Regarding export of Pan Masala-Gutkha packed in plastic sachet by 100% EOU.
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Prohibition on plastic sachets: exporting gutkha or pan masala in plastic packaging contravenes plastic waste rules, exemption unavailable.
The Plastic Waste (Management and Handling) Rules distinguish carry bags from sachets and prohibit plastic sachets and plastic material for packing gutkha, pan masala and tobacco; the export-oriented carry-bag manufacture exemption applies only to carry bags made exclusively for export and cannot be claimed by units manufacturing pan masala or gutkha, so exporting those products in plastic sachets would contravene the Rules.
Amendment in Appendix 2 and Appendix 5 of Handbook of Procedure Vol.I (Appendices and Aayat Niryat Forms), 2009-2014.
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Amendment to appendices updates export promotion council and inspection agency contact and address records.
Amendment updates contact and address information in two appendices of the Handbook of Procedure Vol. I. Appendix 2 revises the Export Promotion Council for EOUs & SEZ Units entry (serial no. 11), changing registered/head office address, phone, fax and e mail details and specifying regional office updates for Chennai, Cochin, Kandla, Mumbai, Noida and Visakhapatnam. Appendix 5 revises the inspection/certification agency entry (serial no. 23) for Best Mulyankan Consultants Ltd., updating name formatting, address, contact numbers and e mail. These changes are incorporated into the Handbook by public notice under paragraph 2.4 of the Foreign Trade Policy.
MODIFICATION OF SION C-1579 under Engineering Product Group.
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Modification of SIONs expands permissible import inputs for engineering exports, adding billets alongside existing nickel inputs.
Modification of SION C-1579 adds billets of iron/low carbon steel for remelting as an additional approved import input alongside nickel pellets/cathodes for production of Iron Nickel Alloy wire/strip; the export item description and input-norm quantities remain unchanged and the input-norm for billets is specified on the same per unit content basis as the existing nickel input.
Penalty for failure to export cotton yarn in terms of Policy Circular No. 27 dated 01.04.2011 and Policy Circular No. 38 dated 10.08.2011.
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Penalty for failure to export cotton yarn allows regularisation on payment, avoiding future default classification.
Where an exporter's shortfall in registered cotton yarn exports exceeds the permitted negative five percent tolerance, the respective Regional Authority may regularise the shortfall on payment of a specified penalty comprising a fixed component plus a percentage of the excess shortfall value; exporters who regularise under this mechanism will not be treated as defaulters for future registrations.
TAXATION OF SERVICES BASED ON A NEGATIVE LIST OF SERVICES CONCEPT PAPER FOR PUBLIC DEBATE.
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Negative list taxation of services expands the taxable base while protecting input tax credit integrity and reducing distortions.
A negative list approach would make all supplies meeting the proposed definition of "service" taxable except specifically excluded items, aiming to broaden the base, protect input tax credit integrity, and reduce distortions from selective exemptions. The definition excludes goods, money and immovable property while including rights to use immovable property, temporary transfers of intellectual property, obligations to do or refrain from acts, and hire or lease of goods. An indicative sectoral negative list is proposed and operational changes to credit and point-of-taxation rules are identified for implementation.
Opening and Maintenance of Rupee / Foreign Currency Vostro Accounts of Non-resident Exchange Houses.
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Rupee Drawing Arrangements extended to Malaysia under Speed Remittance, allowing vostro accounts for non-resident exchange houses.
The circular extends the Rupee Drawing Arrangements (RDAs) under the Speed Remittance procedures to permit exchange houses in Malaysia to open and maintain Rupee and foreign currency vostro accounts for inward remittances for permissible purposes, on the same terms as existing RDAs for other jurisdictions; other instructions remain unchanged and AD Category-I banks must notify constituents, with the directions issued under FEMA subject to any other legal approvals.
Processing of Investor Complaints in SEBI Complaints Redress System (SCORES)
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Investor complaint processing now requires electronic ATR submission through centralized SCORES, non-submission treated as non-redressal.
Mandates centralized electronic processing of investor complaints via SCORES, requiring intermediaries to view complaints with assigned credentials and submit Action Taken Reports and supporting documents electronically; physical ATRs for SCORES-lodged complaints will not be accepted and failure to update ATRs will be treated as non-redressal with the complaint shown as pending.
Infrastructure Finance Companies (IFCs) -- as eligible issuers for FIIs investment limit in debt instrument for infrastructure.
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Infrastructure Finance Companies eligibility expanded to permit FII investment in corporate debt under long-term infrastructure category.
NBFCs designated as Infrastructure Finance Companies (IFCs) by the Reserve Bank of India are now recognised as eligible issuers for FII investment under the corporate debt long-term infrastructure category, extending prior SEBI guidance on FII investment in infrastructure-sector corporate bonds to include RBI designated IFCs.
Regarding Change of designation of officers representing CBEC in the CESTAT.
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Officer designation change confirms departmental representatives before CESTAT as Authorised Representative and mandates internal notification.
Re-designation of officers representing the Department before the Customs, Excise and Service Tax Appellate Tribunal mandates new titles suffixed by (A.R.)-denoting Authorised Representative-for ranks from Chief Commissioner to Appraiser (e.g., CDR Chief Commissioner (A.R.); Jt. CDR Commissioner (A.R.); SDR/JDR designations replaced by corresponding (A.R.) titles). The change is effective immediately and departments must notify subordinate officers for future correspondence.
Regarding payment of court fee, w.e.f. 1.9.2011, by the Directorate of Legal Affairs in appeals filed before the Supreme Court.
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Centralized court fee payment expedites departmental appeal fee deposits by shifting responsibility to a central legal unit.
W.e.f. 1.9.2011 the centralized payment of court fee for Supreme Court appeals will be made by the Directorate of Legal Affairs, funded under "Law Charges"; directions to deposit fees previously issued to field formations will be routed to the Directorate, which will itself deposit fees, while communications issued before 1.9.2011 leave deposit responsibility with the originally directed field formation.
Redressal of investor grievances against stock brokers and sub-brokers in SEBI Complaints Redress System (SCORES)
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Investor grievance redressal via centralized complaints system mandates brokers to resolve complaints and exchanges to enforce penalties.
Redressal of investor grievances is centralized via the SEBI Complaints Redress System (SCORES), which provides a central database, online complaint routing, ATR uploads and investor tracking. Complaints against brokers and sub brokers are communicated electronically to exchanges, which must pursue the matter with brokers. Brokers and sub brokers must redress grievances and inform investors/exchanges within one month, failing which brokers face penal action; exchanges must follow up, levy penalties for noncompliance, update SCORES with status and documents, and align website disclosures with SCORES.
Processing of Investor Complaints in SEBI Complaints Redress System (SCORES)
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Investor complaint processing centralized via SCORES requires electronic ATR submission and online complaint tracking by intermediaries.
SEBI mandates that all investor complaints be processed exclusively through the SCORES system, requiring intermediaries to submit Action Taken Reports and supporting documents online via assigned credentials; physical ATRs will not be accepted and failure to update ATRs will be treated as non-redressal and shown as pending.
Issue of Customs House Agent License – Reference from field formations.
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Customs House Agent licence eligibility expanded to permit additional subject exams with relaxed attempt limits for past qualifiers.
Applicants who passed examinations under the earlier CHALR but were not granted a CHA licence may qualify in prescribed additional subjects to meet CHALR requirements; the Board has allowed these candidates to clear the additional subject examinations within a prescribed window regardless of the number of attempts. The DGICCE is directed to conduct the examinations expeditiously after due notice. Field formations must publish Trade/Public Notices and issue standing orders or instructions to guide officers and inform the trade.
Allocation of quantity of Rough Marble Blocks for import for Financial Year 2011-12 vide Trade Notice no:16 of 17th August 2011.
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Import allocation of rough marble blocks: allocations subject to documentary scrutiny and sanctions for misdeclaration.
Allocation of import quantities of rough marble blocks under specified ITC HS codes is confirmed to applicants and Regional Authorities are directed to scrutinize allocations for clerical or typographical errors by verifying ITC HS codes and IECs against documentary evidence, with authorized correction where supported by documents; misdeclaration by allottees will invite the consequences set out in the earlier Trade Notice.
Modification of Procedure for refund of excess amount of TDS deducted and/or paid - Refund claims pertaining to the period upto March 31, 2009 may be submitted to the Assessing Officer (TDS) upto 31-12-2012, with the approval of competent authority.
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TDS refund deadline extended: affected refund claims may be submitted to the Assessing Officer (TDS) by the revised deadline.
Refund claims for excess TDS deducted and/or paid for periods up to March 31, 2009 may be submitted to the Assessing Officer (TDS) by the extended deadline, pursuant to a partial modification of an earlier circular and with the approval of the competent authority.
Amendments in SION No. H-3 of Plastic Product Group – Import and Export items - Due to advancement in the technology the Poly Carbonate (PC) is being used in place of ABS/other polymers, to provide higher impact strength and these amendments enable import of required raw materials for exports of ‘Briefcases/Suitcases/Beautycases’ made up of Poly Carbonate.
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Import permission for polycarbonate raw material enables export of polycarbonate briefcases by allowing specified moulding granules.
SION No. H-3 is amended to allow briefcases, suitcases and beautycases to be manufactured of either ABS or Poly Carbonate and to add an import item authorising Poly Carbonate moulding powder/granules at a specified input-output ratio per kilogram of export product; all other import items and quantities remain unchanged, enabling import of the polycarbonate raw material for export production under the Foreign Trade Policy framework.
Authorized Economic Operator (AEO) programme for implementation.
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Authorized Economic Operator programme grants compliant supply-chain operators preferential customs facilitation and reduced inspections and streamlined procedures.
The circular establishes a voluntary Authorized Economic Operator (AEO) programme granting certified economic operators preferential Customs facilitation. Eligibility requires record of compliance, satisfactory commercial and transport record systems, financial solvency and approved security and safety standards. The Directorate General of Inspection administers applications, pre-certification on-site verification and certification; AEO status is valid for three years and subject to ongoing compliance, periodic review, suspension, revocation and appeal rights.

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