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Circulars
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Completion of online uploading of RCMC data on DGFT’s Server By EPCs/ Commodity Boards/Authorities.
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Online RCMC registration required for EPCs and boards; failure to register will make manual RCMC copies unacceptable.
Export Promotion Councils, Commodity Boards and Authorities must register with DGFT and upload RCMC data on DGFT's server to avoid repeated submission of RCMC copies. An authorized representative must contact the designated FTDO with e-Token of Digital Signature Certificate, Password and an Authorization Letter to obtain upload access. The uploading process must be completed by the prescribed deadline; thereafter online RCMC registration will be mandatory and manual copies will not be accepted.
Simplification and Rationalization of Trading Account Opening Process
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Standardised SEBI account-opening rules require KYC, a Rights and Obligations document, risk disclosure and uniform tariff disclosure.
SEBI requires stock brokers and trading members to adopt standardized account opening documentation-replacing multiple client-broker agreements with a mandatory Rights and Obligations document-and to use a two-part Account Opening Form (KYC plus trading-details), uniform Risk Disclosure, Guidance Note and tariff/policy disclosures. Brokers must provide tariff sheets and grievance contacts, ensure voluntary clauses do not conflict with mandatory terms, segregate client funds and securities, implement ECN standards and maintain records, and comply with margin, settlement, reporting and audit obligations as coordinated with stock exchanges.
Circular for Mutual Funds
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Transaction charges for mutual fund distributors permitted on qualifying subscriptions, with disclosure, AMC deduction, and anti splitting safeguards.
SEBI permits a structured transaction charge paid from qualifying subscription proceeds to distributors while excluding direct investments and non purchase flows; charges must be disclosed in bold, deducted by AMCs with net investment and units shown in statements, be subject to distributor level opt out only, and AMCs remain responsible for distributor malpractices and must detect folio splitting and complete folio de duplication within six months.
Consolidated Guidelines for import of precious metal by the Nominated Agencies. – Reg.
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Import monitoring of precious metals: designated agencies must hold RA certificates and submit prescribed returns for regulatory oversight.
Designated entities under paragraph 4A.4 of the Foreign Trade Policy must obtain a one year import Certificate from the Regional Authority upon producing a valid Status Certificate; renewal depends on Status Certificate validity, agency performance and prescribed returns. Nominated agencies (other than designated banks) must maintain records of imports by quantity and value and submit half yearly returns (Premier/Star houses to RAs; others to G&J EPC). G&J EPC and RAs compile and forward returns to DGFT for annual review and possible delisting for non filing. Imports remain subject to FTP, RBI guidelines and Customs procedures.
Chambers of Commerce- Service tax on fee charged for issuance of Country of Origin Certificate (COOC)- regarding.
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Technical inspection and certification service: issuance of country of origin certificates by chambers attracts service tax and may be refunded.
Issuance of Country of Origin Certificates by Chambers or authorised agencies involves examination of origin and composition and, when certifying national character of goods, constitutes technical inspection and certification rather than a general club or association service; fees for such COOC issuance attract service tax under that specific classification and tax paid is eligible for refund under the refund mechanism.
Regarding installation of Weigh-Bridges at different ports.
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Weigh-bridge installation required at customs cargo facilities, with mandatory weighing of all containers and compliance enforcement.
Requirement that Customs Cargo Service Providers maintain weigh-bridges at their facilities, preferably near entry/exit gates, and that all containers must be weighed; Commissioners of Customs must ensure strict compliance and issue standing orders, instructions or public notices to inform concerned officers.
Regarding reduction of Government litigation - providing monetary limits for filing appeals by the Department before CESTAT/High Courts and Supreme court .
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Monetary thresholds for government appeals restrict filing to higher-value tax disputes; specified exceptions permit challenge irrespective of amount.
The Board prescribes monetary limits for filing appeals, applied to the duty/tax under dispute (not total demand), and extending to refund claims; if the disputed portion is below the threshold no appeal shall be filed. Penalty or interest may independently trigger litigation if they alone exceed the threshold. Revision applications to the Joint Secretary are excluded. Constitutional challenges, ultra vires findings, and recurring classification or refund issues must be contested irrespective of amount. Accepted audit objections are now subject to these monetary limits. Effective 1 September 2011.
CBEC SPECIFIED Monetary limits below which appeal shall not be filed in the Tribunal, High Court and the Supreme Court.
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Appeal threshold limits restrict appellate filings based on disputed tax amounts; exceptions exist for constitutional and validity challenges.
CBEC prescribes appeal thresholds based on the duty/tax under dispute: Rs.5,00,000 for the Tribunal, Rs.10,00,000 for High Courts and Rs.25,00,000 for the Supreme Court. Thresholds apply to the disputed duty (including refund cases); penalty or interest are included unless they alone exceed the limit. Exceptions require contesting irrespective of amount where constitutional validity or illegality/ultra vires of an administrative instrument is involved. Revision applications before the Joint Secretary are excluded from the limits. Revised limits effective 1 September 2011.
Reduction of Government litigation - providing monetary limits for filing appeals by the Department before CESTAT/High Courts and Supreme Court - Regarding
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Monetary limits for government appeals restrict filing of departmental appeals to higher fora when disputed duty falls below prescribed thresholds.
Fixes monetary limits below which departmental appeals shall not be filed in the Tribunal, High Courts or Supreme Court, with the determinative element being the disputed duty: if disputed duty is below the prescribed threshold no appeal is to be filed, though penalty or interest exceeding the limits may permit further litigation. Exceptions require contesting adverse rulings on constitutional validity or declarations of ultra vires. The limits apply to refund cases and disputed outstanding duty (not total demand), exclude Joint Secretary revision applications, and subject accepted revenue-audit objections to the limits. The revisions take effect from the stated effective date.
Supply of card holders details for Biometric Smart Cards-reg.
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Biometric identification mandatory for customs pass holders; card replaces magnetic passes and requires biometric enrolment.
Biometric Smart Cards will replace existing Customs passes and are mandatory for CHAs, their employees and self-category importers/exporters. Cardholders must have prescribed details furnished by their CHA using Annexure A and must appear for fingerprint, signature and photograph capture; cards embed digitally encoded personal and firm data, must be updated on any change, and serve as the Customs pass cum identity/authentication device. Forms must be typed, one per person, completed in capital block letters, and strictly conform to the format or risk rejection.
Rates of deduction of income-tax from the payment of income chargeable under the head "Salaries" during the financial year 2011-2012 and explains certain related provisions of the Income-tax Act.
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Tax Deduction at Source on Salaries: updated withholding rates, employer perquisite payment option, reporting and compliance obligations.
Employers must deduct income tax on estimated salary income for FY 2011-2012 at age and gender based slab rates, add applicable education cesses, and are subject to higher withholding where PAN is not furnished. Employers may opt to pay tax on non monetary perquisites and must compute such tax at an average rate, deposit it when salary tax is otherwise deductible, issue Form 12BA and Form 16 with required PAN/TAN/receipt identifiers, file quarterly TDS statements (Form 24Q) electronically where mandated, and comply with specified deposit timings, e filing validation procedures and penalties for non compliance.
Minimum Export Price(MEP) for export of Sona Masuri, Ponni Samba and Matta rice.
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Minimum export price reduction for specified non Basmati rice lowers the export floor for Sona Masuri, Ponni Samba and Matta.
The Director General of Foreign Trade, under powers of the Foreign Trade Policy, amends prior public notices to reduce the Minimum Export Price applicable to exports of Sona Masuri, Ponni Samba and Matta varieties of non Basmati rice by substituting the previously notified MEP in the relevant sub paragraph; the amendment takes effect immediately and governs exports under the procedural framework established for the designated tranche of non Basmati rice.
Modification of SIONs A-2462 and A-2951 and withdrawal of SION A-3331 under Chemical & Allied Products Group.
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Input norm reductions for pharmaceutical exports adjust permitted import quantities per kilogram under amended SIONs, and one SION withdrawn.
Modification of Standard Input Output Norms reduces allowed per kilogram import quantities for specified inputs in SION A-2462 (Cefixime USP) and A-2951 (Sultamicillin Base) to reflect improved consumption efficiency, while other input norms remain unchanged. Additionally, SION A-3331 for Ethambutol HCl BP/USP is deleted as duplicative because Ethambutol HCl SIONs exist at Sl. No. A-225.
Authorizing EIC for issuing Certificate of Origin under India-Japan CEPA – Additional of ‘India-Japan comprehensive Economic Partnership Agreement(IJCEPA)’ in the Heading of Appendix 4D of Handbook of Procedures Vol-I (Appendices and Aayat Niryat Forms) 2009-14.
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Certificate of Origin authorisation expanded to include India Japan CEPA, enabling EIC to issue CEPA certificates immediately.
The heading of Appendix 4D in the Handbook of Procedures Vol. I is amended to add India Japan Comprehensive Economic Partnership Agreement (IJCEPA) alongside the India Malaysia agreement; the content of Appendix 4D is unchanged and the Export Inspection Council remains the authorised agency to issue Certificates of Origin under IJCEPA with immediate effect.
Amendment to Circular No. 54/2004-Customs - Foreign Trade Policy (FTP) announced on 31.8.2004- Amendment of notifications relating to EOU and Gems and Jewellery Export Promotion Schemes- Reg.
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Bank guarantee waiver for fully export oriented units: procedural show cause notices won't forfeit waiver; only fraud or substantive violations will.
Clarifies that waiver of bank guarantees for eligible export oriented units under FTP is subject to turnover, existence and positive NFE/EO conditions, and that mere issuance of show cause notices for procedural violations does not preclude the waiver; denial is limited to cases involving fraud, collusion, willful misstatement, suppression of facts or confirmed demands for contraventions of customs, excise, foreign trade, foreign exchange or service tax laws and allied rules. Circular No.54/2004-Customs is modified accordingly and field formations are directed to publicize and implement the clarification.
Amendment to Circular No. 54/2004-Customs dated 13.10.2004 regarding waiver from the requirement of Bank Guarantee in respect of EOUs
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Bank guarantee waiver for EOUs remains where only procedural show cause notices exist, denied only for fraud or willful misconduct.
Waiver of bank guarantees for Export Oriented Units under FTP para 6.12(f) applies only where units meet turnover and existence criteria and where alleged breaches are limited to procedural violations; exemption must not be denied solely because a show cause notice was issued. Denial is appropriate only for cases involving fraud, collusion, willful misstatement, suppression of facts, or confirmed penal demands under the relevant fiscal and trade statutes or allied rules.
Reallocation of work related to assessment of goods cleared under DEPB Scrips and M.C.D.-reg.
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Reallocation of DEPB assessment: Import Commissionerate to handle exclusive DEPB licence registration and monitoring under standing orders.
Assessment responsibility for goods cleared under DEPB scrips is reallocated from the EP Commissioner to the Import Commissionerate, and a DEPB Registration/Monitoring Cell comprising a Dy./Asst. Commissioner, an Appraising Officer and an STA/TA is established to register and monitor only those DEPB licences exclusively used for payment of duty; cases involving DEPB combined with other export promotion schemes remain with the EP Commissionerate.
INSTRUCTIONS REGARDING STANDARD OPERATING PROCEDURE ON FILING OF APPEALS TO ITAT UNDER SECTION 253
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Appeal filing to ITAT: centralized CIT responsibility, mandated scrutiny reports and timelines ensure justified, properly documented appeals.
Responsibility for filing appeals under section 253 rests with the jurisdictional CIT who, after considering subordinate reports, decides whether to contest CIT(A) orders; once authorized, the Range Head ensures timely filing and follow-up while the AO effects actual filing. A prescribed timeline governs transmission, scrutiny report preparation, Range Head recommendation, CIT decision and filing. Annexure II prescribes a detailed scrutiny report to compute tax effect, identify perversity, note additional evidence or remand reports, and produce draft grounds; the CIT must record issue wise decisions with reasons and issue authorization under section 253(2) where appeal is to be filed.
Short-collection/Non-collection of client margins (Derivatives Segments)
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Client margin shortfall penalties enforced for derivatives, with escalating daily charges and sanctions for false reporting and non reporting.
Imposes a graduated penalty regime on trading members for short-collection/non-collection of client margins in equity and currency derivatives, with percentage-based penalties on per-client per-segment shortfalls, escalated daily penalties after three consecutive days and additional penalties after five days in a month. Market moves of three percent or more delay penalty application unless shortfall persists to T+2. Non-reporting counts as 100% short-collection; false reporting triggers a penalty equal to the falsely reported amount and one-day segment suspension. Exchanges must collect penalties monthly and credit them to the Investor Protection Fund; SEBI will inspect for compliance.
60/2011 - 10-08-2011 Companies Law
Corrigendum to Company Law Settlement Scheme, 2011.
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Company Law Settlement Scheme applicability to Form 52 affirmed; foreign companies included and original terms remain unchanged.
The corrigendum announces that the Company Law Settlement Scheme, 2011 applies to Form 52 (annual accounts filing by foreign companies), thereby including foreign companies within the Scheme's scope, and confirms that all terms and conditions of General Circular No. 59/2011 remain unchanged.

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