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Service tax β€” Clearing & Forwarding Agents β€” Certain clarification
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Service tax on clearing and forwarding activities requires registration and survey of establishments providing tank and pipeline rentals.
Providing storage tanks, pipelines, pumps and related loading/unloading facilities on a rental basis for handling liquid cargo is treated as Clearing & Forwarding Agents under Section 65(12) of the Finance Act, 1994 and thus falls within service tax coverage; Commissionerates are directed to survey for such establishments, register those liable, and report results to the Directorate of Service Tax.
Central Excise – Monthly payment of duty by SSI- withdrawal of instruction consequent to changes brought in Budget 2000-2001
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Conversion of Passbook Shipping Bills: guidelines permit conversion into drawback shipping bills subject to commissioner consideration.
Guidelines on monthly payment and related procedures shall include conversion of Passbook Shipping Bills (under the old Passbook Scheme) into drawback shipping bills where situations match prior guidance; such conversions are permitted only in those specified circumstances and requests shall be considered by the concerned Commissioner of Customs, with staff and trade notified by suitable standing orders or public notices.
Guidelines for advertisement by Mutual Funds
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Mutual fund advertisement standards require substantiation, clear risk disclosure, and strict controls on performance claims and rankings.
Mutual fund advertisements, sales literature and related communications used to market schemes or convey performance must be substantiated by the offer documents and comply with Regulation 77 and the Advertisement Code. Communications must not omit material facts, must disclose risks, and must avoid exaggerated claims or unsupported forecasts. Specific formats are regulated: tombstone ads may give basic fund identification but not performance; product launch ads must include objectives, terms, risk factors and supporting documentation; performance ads must use prescribed yield measures, current data, appropriate benchmarks and state that past performance may not be sustained.
Powers of adjudication of various C. Ex. Officers
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Powers of adjudication revised: senior Central Excise officers assigned differing Service Tax adjudication limits following appealability guidance.
Operative changes amend monetary thresholds for Service Tax adjudication: Additional Commissioner has no monetary limit; Joint Commissioner is allocated a specified higher limit; Assistant Commissioners/Deputy Commissioners are assigned a lower monetary ceiling. These revisions follow a finding that Commissioner orders under Section 73 are not appealable to the Tribunal, and the remaining provisions of the earlier circular continue unchanged.
Whether the date of transfer, as referred to in section 54E of the Act, is the date of conversion of the capital asset into stock-in-trade or the date on which the stock-in-trade is sold or otherwise transferred by the assessee
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Date of transfer for converted capital assets measured from sale of stock-in-trade, defining the investment window for deductions.
Conversion of a capital asset into stock-in-trade is treated as a transfer but assessment of the resulting capital gain is postponed until the year of actual sale; therefore the permissible period for making reinvestments to claim deductions in specified assets must be measured from the date the stock-in-trade is actually sold or otherwise transferred, since the right to collect sale consideration arises only on sale.
DES - Standard Input - Output Norms Added/ Modified
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Standard Input Output Norms amended: additions and corrections to permitted import inputs and component rules under SION.
Regulatory amendments to the Standard Input Output Norms in the Handbook of Procedures, Vol.2 add, modify and correct SION entries for chemicals and engineering products. Annexure A lists corrections and substitutions to existing norms; Annexure B adds new chemical product norms with specified import inputs and quantities; Annexure C adds engineering product entries detailing permissible component imports. Several engineering entries permit component imports on a net-to-net basis subject to an accountability clause, and some entries include conditional notes limiting validity or tying imports to exported product configuration.
Amendments in the H.B. of procedures Vol. I
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Export policy amendments: licence transferability, tightened Chapter 10 cross references, documentation and DEPB schedule revisions.
Procedural amendments permit intra-group transferability of licences for hotels, restaurants, travel agents and tour operators; replace "Development Commissioner / Customs" with "Development Commissioner"; harmonise Chapter 10 cross-references so paragraph 10.3(a) and (b) read conjunctively with a limit on 10.3(b) benefits to items in Appendix-11B when 10.3(a) is claimed. Golden status applications must include Appendix-1A, three prior status certificate copies and a CA certificate of prior year FOB exports, and be filed with the Directorate General of Foreign Trade. Appendix-17 allows excise invoices countersigned by project authorities as alternatives to payment certificates for TED refund claims; Appendix-III adds brand registration evidentiary options; Appendix-28A and product group entries are revised; two CAPEXIL regional addresses are corrected.
Drawback – A.I. rates effective from 1.6.2000 – instructions regarding
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Drawback rates revised and effective from 1.6.2000; administrative monitoring and publicity required for exporters and customs offices.
New All Industry Drawback Rates effective 1.6.2000 replace the prior table, expanding coverage with nine new entries, increasing rates for 141 entries, maintaining 406 entries, reducing rates for 270 entries, deleting eighteen entries, imposing maximum drawback caps on 141 entries, converting certain ad valorem rates to specific rates, creating a new entry distinguishing undyed madeups, harmonising with Customs Tariff headings, and instituting administrative facilitation for Handloom and Cottage Sector exporters and enhanced monitoring and publicity requirements for Commissioners.
Foreign Exchange Management Act (FEMA), 1999
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Foreign exchange limits updated: travel ceilings set and documentation and reporting duties clarified for money changers.
Revises authorised money changers' foreign exchange limits for private and business travel, replacing prior scales, and requires authorised persons to obtain declarations and information sufficient to satisfy them that transactions are not intended to contravene the Act. Reserve Bank will not prescribe specific documents; money changers must retain records, refuse transactions where applicants fail to comply satisfactorily, and report suspected contraventions. FFMCs continue to be governed by existing rules and are subject to statutory penalties for non observance.
Reference of cases for relaxation of Rule 19(2)(b) of Securities Contract (Regulation) Act, 1957
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Non compliant listing under Rule 19(2)(b) must be referred to the securities regulator for exemption, not listed directly.
Listing of equity securities not meeting Rule 19(2)(b) - including amalgamation, arrangement, demerger and hive off cases - must not be carried out directly by stock exchanges and must be referred to the securities regulator for appropriate exemption with the recommending exchange's recommendations; this instruction supersedes earlier guidance.
Circular No.8726
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Derivative exchange governance requirements: independent board composition and Board approval for CEO and committee appointments.
SEBI requires approved derivative exchanges/segments and clearing houses/corporations to constitute a Governing Board, Clearing Council, appoint CEOs for the derivative segment and clearing house, and establish Statutory Committees within two months. Governing Board composition must limit trading/clearing member representation, ensure a majority of public representatives or Board nominees with relevant competence, provide for staggered elected-member retirement and cooling-off after consecutive terms, and include the derivatives CEO as a board member. All non-elected appointments and CEO terms require prior Board approval.
Service Tax β€” Enactment of Finance Bill 2000 as Finance Act 2000
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Service tax recoverability: refunds issued under struck down rules may be reclaimed with interest after statutory enactment.
The Finance Act, 2000 enacts service tax provisions formerly in Clause 112, with a limited retrospective application for services by goods transport operators and clearing and forwarding agents from 16 July 1997 to 16 October 1998. Refunds previously made pursuant to court orders striking down specified sub clauses of Rule 2(1)(d) of the Service Tax Rules, 1994 before presidential assent are recoverable within thirty days of assent; late payment attracts interest from the day after the thirty day period until payment.
Trade has represented that they are facing problems for export for spices packed in gunny bags under DEPB
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DEPB credit for spices in gunny bags may be inadmissible until SION is amended or clarified by DGFT.
DEPB credit for spices packed in gunny/jute bags is not admissible because SION E-43 for food products specifies permitted packing materials (LDPE/HDPE/PP granules, paper board, craft paper) and does not include gunny; shipping bills should be assessed provisionally and credit may be allowed only after DGFT amends the SION or issues a clarifying notification permitting gunny packing.
Show cause notice –Section 11A of CEA, 1944 (as amended by Finance Act, 2000) – guidelines for issue
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Approval requirement for show-cause notices mandates senior authorisation and centralised review before issuance.
Amendments to Section 11A require prior authorisation by Commissioners or Chief Commissioners for issuance of show-cause notices depending on the scale of duty shortfall, and the Board mandates early submission of draft notices to Commissionerate headquarters, centralised SCN numbering, monthly registries tracking adjudication and recovery, and review meetings to ensure objections raised by audit are sustainable.
Electronic Filing of Applications
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Electronic filing requirement for DEPB and Advance Licence applications mandates password-based submissions; manual filings barred for status holders.
Electronic filing is mandated for applications for DEPB and Advance Licences by Status Holders; they must obtain a password and file via the prescribed electronic system, and manual applications from Status Holders will not be accepted after the effective date.
ICD at Jalandar notified HB vol.1 para 7.56
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Notified port recognition: DFRC export shipments permitted from ICD Jalandhar under Handbook port provisions policy.
Recognition of ICD Jalandhar as a notified port enables export shipments under the DFRC scheme to be effected from that inland container depot in accordance with the Handbook (Vol. 1) export port provisions; shipments from ICD Jalandhar are to be treated as eligible for DFRC facility based on the cited Customs notification.
Special Economic Zone – procedure governing operation of units
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Special Economic Zone treatment as foreign territory makes DTA-to-SEZ supplies deemed exports and SEZ-to-DTA sales treated as imports.
SEZs are treated as foreign territory for duties and taxes: DTA-to-SEZ supplies are deemed exports, SEZ-to-DTA supplies are treated as imports. Units may import duty-free for manufacture and related activities, subject to prohibited goods; simplified documentary assessment and self-certification apply, with customs examination only on specific intelligence. Temporary removals, sub-contracting and inter-unit transfers can be permitted on bond with return or export accounting obligations; non-compliance attracts duty liability. Special rules govern gem and jewellery, valuation for DTA clearances follows customs valuation rules, and units must maintain and submit specific accounts and statements.
IMPORT OF RAW SILK & SILK YARN
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Import permission for raw silk and silk yarn allowed against surrender of SIL; all silk types permitted under clarified rules.
Importation of all types of Raw Silk and Silk Yarn classifiable under the specified Exim codes is permitted against surrender of SIL under Notification No.3(RE-2000); conditions imposed earlier for Mulberry Silk do not apply to these imports, and no additional port specific or pre clearance grade verification requirements are imposed under that notification.
Place of removal --- Section 4of CEA, 1944 ; and Penalty leviable --- Section 11AC of CEA, 1944
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Place of removal interpretation: property retained during transit means valuation at buyer's premises determines central excise assessable value.
Interpretation of place of removal governs which location's price forms assessable value: where goods insured in the seller's name remain the seller's property in transit, property passes at buyer's premises and that location may be the place of removal for valuation. Equalised transit insurance charges collected in excess of actual outlay are not automatically includable in assessable value. The statutory penalty equal to determined duty is a maximum; authorities may impose a lesser penalty after considering circumstances.
Investigation/Adjudication of cases --- effective presentation of case by DR before CEGAT
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Effective case presentation: departmental representatives must thoroughly prepare and present factual and technical evidence before appellate tribunals.
Inadequate fact finding and presentation by Departmental Representatives has weakened the Department's position before the appellate tribunal; the Board directs that Departmental Representatives must thoroughly prepare, ascertain full facts and collect supporting materials including technical literature and case law, and that Commissioners must ensure adjudication orders incorporate all relevant facts and brief extracts of supporting materials so the rationale for findings is clear and presentation before the Tribunal is facilitated.

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