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ORDER DATED 29-06-2006 REGARDING EXTENSION OF DATE OF SUBMISSION OF DVAT-51 AND CENTRAL FORMS IN RESPECT THIRD AND FOURTH QUARTER OF 2005-06 UPTO 30-09-2006
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Extension of filing deadline for DVAT-51 reconciliation and original declaration forms permits late submission for affected quarters.
Extension of time is granted for specified statutory filings relating to the third and fourth quarters of the year ended 31 March 2006. The Commissioner extends the time for furnishing the reconciliation return in Form DVAT-51 and the original portions of declaration Forms C, D, E I/E II and F, under the applicable Delhi VAT and Central Sales Tax rules, up to 30 September 2006 for returns and declarations relating to those quarters.
Circular for Portfolio Managers
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Portfolio managers must allow client challenges unless decisions are taken in good faith, excluding fraud or gross negligence.
Blanket contractual clauses barring client review of portfolio managers' investment decisions are improper; such clauses must be modified to state that decisions taken in good faith are final but remain reviewable on grounds of malafide conduct, fraud, conflict of interest, or gross negligence.
Amendment in Sub para 1 of para 3.19.1 of the Handbook of Procedures, Vol.I, 2004-2009
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Application procedure for export credit updated; applications limited in size and must link shipping bills to a single customs house.
Applications for credit under the Vishesh Krishi and Gram Udyog Yojana for exports from 01.04.2006 onwards must be filed to the regional authority in the Aayaat Niryaat Form with prescribed documents; applicants may submit multiple applications but each application shall contain not more than fifty shipping bills and all shipping bills in any one application must relate to exports from one Customs House. The same procedure applies to exports made from 01.04.2005 to 31.03.2006 under the earlier Vishesh Krishi Upaj Yojana.
Validity of RCMC issued by Export Promotion Councils
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Five-year validity for RCMC certificates enforced, requiring export councils to standardize certificate validity under the Handbook rule.
Export Promotion Councils and Commodity Boards acting as such must apply the Handbook of Procedure Vol. I rule that an RCMC is deemed valid from 1 April of the licensing year in which it was issued and carries a five-year validity ending 31 March of the relevant licensing year; councils are directed to implement this provision uniformly unless otherwise specified.
27 - 27-06-2006 Income Tax
CLEANING OF TAN DATABASE - CLOSING OF DUPLICATE TANS - REGARDING.
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Duplicate TAN closure permitted where no pending returns or annual information returns exist, with verification and reporting measures.
Assessing officers may close duplicate TANs in the e-TDS application provided there is no return pending for processing under the duplicate TAN and no Annual Information Return has been filed under it. Closed TANs cannot be reactivated. Deductors may surrender TANs to NSDL; surrender requests are uploaded and must be verified, with requests rejected where surrendered details differ completely from existing TAN records. Affected officials must generate intimation reports and follow prescribed procedures to install the e-TDS software patch while suspending bulk uploads.
WAIVER OR REDUCTION OF INTEREST ORDER OF 2006
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Waiver or reduction of interest: discretionary relief when return is filed and tax paid, subject to prescribed conditions.
The Order empowers the Chief Commissioner of Income-tax and the Director General of Income-tax to grant a waiver or reduction of interest under specified provisions where the assessee has filed the return for the relevant year and paid the entire income-tax, subject to conditions. Relief is available in cases of delay due to search and seizure, unforeseen non-capital income paid in later instalments, retrospective changes in taxability leading to advance-tax shortfall, and voluntary filing after unavoidable delay; waiver for late filing is confined to the search/seizure and voluntary-filing situations. Earlier related instructions are superseded and past petitions may be reconsidered.
Anti-Money Laundering Guidelines
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Anti-money laundering: revised customer identification, record-retention and cash payment limits for money-changing transactions.
The circular extends Anti-Money Laundering Guidelines for Authorised Money Changers to Authorised Dealers and issues amended operational rules: customer identification is required for all money-changing transactions with prescribed retention of identity-document details or photocopies depending on transaction type, and cash payment/encashment rules set limits and require account-payee cheque or demand draft for larger or other cases, with one-month aggregation of transactions for cash-limit application.
Amendment in Appendix-1 of the Handbook of Procedures, Vol.I, 2004-2009
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Regional jurisdiction realignment reallocates district responsibilities between adjacent trade authorities, clarifying territorial coverage for export-import procedural administration.
The Public Notice amends Appendix-1 of the Handbook of Procedures, Vol. I to revise the territorial allocation of Regional Authorities: one office's jurisdiction covers Punjab excluding specified districts, while the adjacent office's jurisdiction covers Himachal Pradesh, the Union Territory and specified neighbouring districts including Panchkula, thereby clarifying which Regional Authority will administer export import procedural matters for those areas.
Tax Deduction at Source - Issue of TDS Certificate under section 203 of the Income-tax Act - Cases of Truck/Goods-carriage Operators - Regarding
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TDS certificate issuance: consignee must promptly provide certificate to truck operators; failure attracts daily penalty.
In road transport cases where tax is deducted on payments to truck/goods carriage operators, the consignee must issue the TDS certificate within the prescribed time and in favour of the operator so that the operator can claim credit; failure to furnish the certificate timely or issuing it to any person other than the payee invokes a daily penalty under the relevant provisions.
Amendments in the Public notice No.94 (RE-2005)/2004-09
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One-time exemption under Foreign Trade Policy introduced by public notice amendment, providing a limited temporary relief period.
Amendment to paragraph 1(v) of Public Notice No.94 (RE-2005)/2004-2009 provides a one-time exemption under the Foreign Trade Policy, available for a period of one month commencing 22.06.2006, issued under paragraph 2.4 of the Policy and declared to be in the public interest.
05 - 21-06-2006 VAT - Delhi
Clarification in relation to entries of various schedules of the DVAT Act containing HSN code
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HSN code coverage clarified to include all tariff items under the cited code unless expressly excluded.
Where a four-, six- or eight-digit HSN code is specified in a DVAT schedule entry, it covers all goods falling under that HSN code unless the DVAT Act expressly excludes them; however, where the schedule's descriptive text does not fully match the Central Excise Tariff Act description for that HSN, the clarification does not apply and the description controls.
Amendments in the Handbook of Procedures Vol. 1, 2004-09
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Export licence validity clarified and revalidation allowed in limited six-month increments on DGFT recommendation.
Amendments revise Handbook provisions so that "import" may read "import/export" and add that an Export Licence/Authorisation carries a default validity of 12 months unless otherwise specified; they delete the existing sentence on original validity for restricted items in Para 2.12.4 and allow Regional Authorities, on DGFT recommendation, to revalidate export licences in six-month increments not exceeding 12 months from expiry.
Clarification regarding initial Export Obligation period for Advance Licences issued during the period 1.4.2004 to 31.8.2004
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Export obligation period clarified: initial term for certain advance licences set to two years, with project exceptions.
Clarifies that the initial Export Obligation period for Advance Licences issued between 1.4.2004 and 31.8.2004 is 24 months, except where licences relate to Deemed Exports or to projects/turnkey projects in India or abroad-those obligations must be fulfilled over the contracted execution period; Regional Authorities may act on licences without insisting on additional documents or fees.
Collection and compilation of data on transfers (Imports and Exports) of Scheduled Chemicals of Chemical Weapons Convention (CWC)
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Scheduled chemicals reporting: exporters and importers must provide accurate HS codes and send shipping documents promptly.
All exporters and importers of Schedule 2 and 3 Chemicals must ensure shipping documents (inward and outward) show correct chemical descriptions and the eight digit HS Codes as notified for Category 1A and 1B under Appendix 3 to Schedule 2, and must forward copies of shipping documents for each consignment to the designated industry reporting body within fifteen days of shipment to enable accurate OPCW submissions.
Clarification with regard to section 2(f) of the Central Excise Act, 1944, reg.
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Definition of manufacture clarified; omission of conjunctive corrected and scope including self-employed producers affirmed for excise law
Clarification confirms the correct statutory definition of manufacture under section 2(f) as comprising (i) processes incidental or ancillary to completion of a manufactured product, (ii) processes specified in the First Schedule Section or Chapter Notes as amounting to manufacture, and (iii) for Third Schedule goods, packing, repacking, labelling or re-labelling and related treatments to render goods marketable; and that the term includes both employers of hired labour and persons producing on their own account, with field staff to be advised to safeguard revenue.
Margining in Cash Market.
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Intraday VaR margin updates required to align cash market risk management and protect investors.
The circular mandates updating VaR margin rates intra-day in the cash market at multiple points using contemporaneous prices, replacing the end-of-day application to next-day positions, to align risk management with the derivative market and enhance investor protection. Stock exchanges must implement the methodology by prescribed dates, amend bye-laws, notify members, disseminate the change, and report implementation status to the regulator; trading is not to be permitted unless the exchange can apply the methodology.
Amendments in the Handbook of Procedures Vol. 1, 2004-09, applicable for the exports during 2005-06; (i.e. updated on 31.03.2005 and amended from time to time)
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Target Plus Scheme filing requirements: applications must be submitted manually to jurisdictional zonal offices for licence consideration.
Amendments require Appendix 17D as the application form for the Target Plus Scheme (exports 2005-06), delete Appendix 17E and Para 3.2.5(VIII), and add provisions that applications be filed manually to the jurisdictional Zonal Office (determined by registered/head office) whose Zonal Committee will consider and issue licences. Appendix 17D prescribes the application content, exclusions, documentation (status/RCMC/CA certificate/bank realisation), and detailed entitlement calculation methodology including eligibility thresholds, caps and conversion rules.
Amendments/deletions/corrections/additions in the Handbook of Procedures, Vol.2, 2004-2009, as amended
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Import-export input-output norms updated: SION entries amended and new chemical and engineering inputs added under FT policy.
The Director General of Foreign Trade amends the Handbook of Procedures Vol.2 by revising the Standard Input Output Norms (SION): adding new chemical SIONs A-3614 to A-3623 and engineering SION C-2033, amending multiple SION entries across product groups to change import-item descriptions and quantities, provide alternative inputs, and apply content-based formulas for quantity adjustments and energy/fuel conversions as set out in Annexures A-C.
Exim Bank's Line of Credit of USD 27.7 million to the Government of the Republic of Mali and Senegal (Mali- USD 20.62 mn. Senegal - USD 7.08 mn.)
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Line of Credit for export finance enables railway equipment exports subject to FEMA compliance and reporting requirements.
Exim Bank's Line of Credit to Mali and Senegal finances exports of equipment, goods and services from India for acquisition of railway coaches and locomotives eligible under the Foreign Trade Policy. Utilisation conditions include terminal dates for opening Letters of Credit and disbursement (48 months from scheduled completion for project exports; 72 months from Credit Agreement execution for other supplies), mandatory GR/SDF shipment declarations, prohibition on agency commission under the LOC (with limited remittance options from exporter resources or EEFC balances), and compliance and notification obligations for Authorised Dealer banks under FEMA.
Exim Bank's Line of Credit of USD 27 million to the Government of Senegal
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Line of credit for export financing to Senegal enables Indian exporters to fund irrigation project supplies under FEMA compliance.
A Line of Credit from Exim Bank to the Government of Senegal finances Indian exports for Senegalese irrigation projects; the Credit Agreement is effective May 10, 2006, with terminal LC/disbursement deadlines of 48 months from scheduled completion for project exports and 72 months from execution for other supplies. Shipments must be declared on GR/SDF Forms. No agency commission is payable under the LOC, though exporters may remit commission from own funds or EEFC balances in free foreign exchange after realization, subject to prevailing instructions and Authorised Dealer bank compliance. Directions issued under Sections 10(4) and 11(1) of FEMA.

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