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Finance Act, 2002 - Threshold limits for deduction of tax at source from income by way of dividends and income from units
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Threshold limit for TDS on dividend and mutual fund income raised, so no tax deduction below the specified limit.
The Finance Act, 2002 makes dividend and mutual fund unit income taxable in the hands of shareholders and unitholders; the threshold limit for deduction of tax at source under the TDS provisions for dividends and for income from units is revised upward and shall apply with immediate effect so that no tax is deductible where the dividend or income from units received from a single company or mutual fund does not exceed the revised threshold.
Service Tax (Removal of Difficulty) Order, 2002
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Definition of agricultural produce clarified: minimal cultivator processing that preserves essential characteristics excluded from service tax.
The Order defines agricultural produce for clause (87) of section 65 as produce from cultivation or plantation on which no further processing is done or processing by the cultivator (tending, pruning, cutting, harvesting, drying) that does not alter essential characteristics but makes it marketable; it lists illustrative items and excludes manufactured products such as sugar, edible oils, processed food and processed tobacco.
Instruction related to refunds.
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Refund procedure: administrative-approval refunds must be issued promptly; interest computed until refund signature and monthly reporting required.
Directives require that refunds needing administrative approval be issued within thirty days of determination; interest on refunds be calculated up to the date of the assessing officer's signature when granting refunds; monthly reporting of refunds issued, pending refunds and interest paid must be submitted as per the prescribed proforma; and returns with refundable amounts must be processed first to minimise interest liability.
Service Tax on 10 new services effective from 16-8-2002 — Clarifications
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Service tax on new services expanded: clarifies levy scope, registration, input credit and compliance obligations nationwide.
Service tax has been extended to ten additional services with corresponding amendments to the Finance Act and Service Tax Rules made operative from the notified effective date. The circular explains expanded definitions, registration and return obligations, procedural rules for payment and date of payment, and the Service Tax Credit Rules limiting credit to input and output services within the same category subject to documentary and accounting requirements. It further provides sector-specific valuation and scope clarifications, examples of taxable versus exempt activities, and administrative instructions to commissioners for issuing trade guidance.
Amendment/ Addition in SION
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Standard Input Output Norms amendments expand and modify input-output entries, adding chemical and engineering SIONs and revising norms.
Amendments to the Standard Input Output Norms under the Handbook of Procedures, Vol.2 revise and add SION entries by correcting export/import descriptions, substituting quantitative input norms, deleting specified inputs and inserting new entries. Annexure A lists targeted corrections across Chemicals, Electronics, Engineering, Plastics and Textiles; Annexure B adds detailed chemical SIONs with precise import inputs and conditional allowances; Annexure C inserts engineering SIONs defining component, raw material and packaging norms. The notice directs incorporation of these changes under Paragraph 2.4 of the Export and Import Policy.
Amendment in Handbook of Procedure Vol.I
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Advance Licence expiry clarified as a fixed period from issue; certificate eligibility criteria and ISO agency entry updated.
Clarifies that the expiry date for an Advance Licence for Annual Requirement means 18 months from the date of issue. Inserts a verification clause in the chartered accountant/company secretary certificate for Export House applications claiming reduced export performance, enumerating qualifying unit and exporter categories (including small scale, cottage, KVIC/KVIB registered units, units in specified regions, specified product categories, ISO 9000 status, service and agri exporters other than grains). Amends the IS/ISO 9000 certification agency list to update the TUV India Pvt Ltd entry.
Registration Certificate from Service Tax Authorities for Service Providers under EPCG Scheme
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Service tax registration requirement applies only when the EPCG service is taxable under the statutory definition.
Registration with service tax authorities for EPCG applications is required only when the service provided under the EPCG licence is taxable as defined in the statutory list of taxable services; licensing and customs authorities should therefore insist on a service tax registration certificate only where the service claimed falls within those taxable service categories.
Website for posting Service Tax Revenue - Reg.
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Service tax monthly reporting requires commissionerates to post provisional revenue figures online by the seventh of next month.
Each Commissionerate must obtain monthly service wise revenue figures from the focal point Bank and PAO and post them on the designated website; amounts booked by PAO in a month are to be reported as provisional collections irrespective of challan dates, with interest and penalty included where segregation is not possible. Monthly uploads must occur by the seventh day of the next month, and corrected consolidated six monthly figures must be posted on the basis of ST 3 returns. For telephony (except MTNL), book transfers are to be ascertained from BSNL/DOT or the Principal CCA, with BSNL remitting through TR 6 challans at banks.
Clarifications on various provisions relating to tax deduction at source regarding changes introduced through Finance Act, 1995
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Tax Deduction at Source clarified: scope for advertising, work contracts, rent, professional services, and interest on deposits.
Clarifies the expanded scope of tax deduction at source post-Finance Act, 1995, specifying that payments for advertising by clients to agencies and payments to print/electronic media attract withholding under advertising provisions, while agencies' payments to artists and professionals attract withholding under professional and technical services. Payments for carriage of goods to clearing and forwarding agents and couriers are treated as work contracts for withholding; ticket purchases for individual travel are not. Rent for hotel accommodation taken on a regular basis is treated as rent for withholding; reimbursements for actual expenses are excluded from gross for withholding.
Warehousing – Grant of extension of warehousing period by the Chief Commissioners under section 61 of the Customs Act, 1962-regarding
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Warehousing extension: Chief Commissioners must grant limited, conditional extensions emphasizing goods' condition and accrued interest payment.
Section 61 empowers Commissioners and Chief Commissioners to extend warehousing periods; Chief Commissioners must exercise this power restrictively to curb bonded stock and revenue lock-up. Extensions beyond Commissioners' grants should be for the shortest feasible period and only longer where circumstances beyond the importer's control exist. Authorities must ensure goods' condition and may require testing; accrued interest for prior warehousing must be paid before further extension and will be adjusted against final liability. Certain categories of imports may receive a more liberal approach, and trade should file timely applications.
Transhipment of containers to ICDs/CFSs – reg
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Transhipment permits must be granted for movement to ICDs/CFSs; detention allowed only on specific intelligence with written senior permission.
Transhipment permits for movement of containers to other ports/airports, ICDs or CFSs must not be refused and should be issued smoothly; examination or detention of containers is permitted only on specific intelligence of mis-declaration or contraband, and any detention at the gateway port requires prior written permission from the Joint/Additional Commissioner.
Exim Bank’s Line of Credit of US$ 10 million to Banco Bradesco S.A., Brazil
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Line of credit for export finance enabling preapproved contracts, 90% financing and UCP-based letters of credit.
A foreign currency line of credit to a foreign bank finances specified Indian exports and related services listed in the Annexure, subject to laws of both countries. Each contract requires prior approval, finances up to 90% of the f.o.b./c.&f. price with contract prices in U.S. dollars and a minimum contract size, requires a 10% buyer advance and the balance under an irrevocable letter of credit, and mandates pre-shipment inspection with an inspection certificate. Letters of credit are advised through designated negotiating bank offices, governed by UCP (1994), and negotiating banks are reimbursed in U.S. dollars subject to documentary compliance and reserve conditions.
Exim Bank’s Line of Credit of US$ 10 million to Banco Industrial de Venezuela (BIV), Venezuela
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Line of Credit financing governs export payments under irrevocable letters of credit with advance payment and bank reimbursement.
Exim Bank's line of credit to Banco Industrial de Venezuela finances approved Indian export contracts denominated in U.S. dollars, requiring Exim Bank approval and an advance by the buyer with the balance payable under an irrevocable letter of credit. Negotiating banks may pay beneficiaries in Indian rupees against compliant documents and Exim Bank reimburses negotiating banks in U.S. dollars for negotiations without reserve; reimbursements for negotiations under reserve require confirmation of document acceptance. Letters of credit must follow UCP rules and shipments must include inspection certificates and prescribed GR/SDF declarations.
Selection of scrutiny cases.
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Selection of scrutiny cases: mandatory categories and procedural safeguards govern assessments and officer accountability.
Compulsory scrutiny applies to cases where survey has detected additional income, where concealment reports are received from investigative or enforcement agencies, and where departmental issues with tax impact above prescribed thresholds warrant limited scrutiny. DCIT/ACIT and ITOs must propose scrutiny lists based on departmental information and scrutiny potential-including large deductions, significant refunds and disproportionate income-subject to CIT approval after consultation with JCIT/Addl. CIT. Assessing officers must record reasons before selection, conduct investigations under JCIT/Addl. CIT supervision, and are fully accountable; Addl. CIT/JCIT should assign cases evenly by workload.
Registration of EOU/ETPH/STP’s under 100% Export Oriented Units Scheme for clearance of import goods –Reg.
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Export oriented unit registration required for import clearance; provide prescribed original documents and procurement certificates for timely customs processing.
Registration under the Export Oriented Units Scheme is required before clearance of imported goods; applicants must register with the 100% EOU Section and provide originals such as Green Card, permission letters or licences from Development Commissioner/Director EHTP/STP/BOA, licences under the Customs Act, IEC proof, bank attested authorised signatory, corporate formation documents and photographs. Additional photocopies required include proof of ownership, accepted B 17 bond, legal undertaking and permitted items list, L.O.P. application/profile copy, and income tax return. Units should obtain procurement certificates based on purchase orders/proforma invoices specifying detailed descriptions and, for textiles, yarn and fabric composition and measurements for expedited clearance.
Woven fabrics of cotton subjected to the process of open-air stentering by a textile processor- Clarification- regarding.
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Exemption for open-air stentering: clarifies scope, computation of eligible job charges and definition of open air stenter.
Woven cotton fabrics subjected to open-air stentering by a textile processor in a factory without powered/steam bleaching, dyeing or printing are exempt from excise up to the quantity for which aggregate job-charges do not exceed Rs. 15 lakhs per year. Where the processor stenters on his own behalf, job-charges are deemed to be the difference between stentered and grey fabric values. Costs of other exempted non-powered/non-steam processes are excluded from the ceiling computation. The definition of open-air stenter excludes steam or hot-air stenters and is a question of fact for the Commissioner.
Export by SSI Units – Simplified Export Procedure – Clarification - regarding.
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Proof of export acceptance: Sales Tax documents apply only where exempted units export directly or via merchant exporters.
Acceptance of Sales Tax documents as proof of export under the Simplified Export Procedure is limited to exempted units exporting themselves or through merchant exporters directly from the unit; it does not extend to supplies made to other domestic manufacturers who may or may not export the finished products.
Service Tax — Minor/Sub-head of Accounts for 10 new services
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Service Tax account codes introduced for ten services; officers must notify and guide new assessees and trade.
Introduction of Minor/Sub-head of Accounts under Major Head 0044 - Service Tax for ten specified services, with distinct serial and SCCD codes assigned to each new heads. Each service has sub heads for Tax collections, Other receipts, and Deduct refunds, and divisional and range officers are directed to inform and guide assessees and trade on using the designated account numbers and codes for recording collections, receipts, and refunds.
18/2002 - 25-07-2002 Companies Law
Amendment in the Company Law Board (Fees on Applications and Petitions) Rules, 1991
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Company Law Board fees rules amendment circulated for administrative action and acknowledgement by company registrars.
Amendment to the Company Law Board (Fees on Applications and Petitions) Rules, 1991 by Notification GSR 510(E) dated 22.7.2002 is circulated to Regional Directors and Registrars of Companies for information and necessary action, with a request to acknowledge receipt of the enclosed Gazette notification.
New Scheme Report
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Submission of New Scheme Report required in revised format, triggering mandatory timeline and comprehensive scheme disclosures.
SEBI mandates submission of a revised New Scheme Report format within ten working days from allotment under Regulations 58(1) and 77. The report must include scheme identification, subscription and allotment details, listing and refund dispatch information, initial issue expense treatment, unit holding pattern and large unitholder particulars, statewise geographical dispersion, top ten agents/distributors by commission, and the Compliance Officer's signature.

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