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Circulars
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Non-resident guarantee for non-fund based facilities entered between two resident entities .
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Non-resident guarantees allowed for non-fund based rupee facilities between resident entities with mandated reporting requirements.
The Reserve Bank extends general permission for non-resident guarantees to support non-fund based rupee facilities between two residents, noting no foreign exchange event occurs until invocation; discharge and repayment shall follow existing FEMA notification procedures. Authorized Dealer Category I banks must submit consolidated quarterly reports of such guarantees issued and invoked, in the prescribed annex and Excel format, to the RBI ECB Division by the 10th of the following month. The policy is effective from the circular date and subject to future review.
Institutional Mechanism for Forming Departmental View on Contentious Legal Issues
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Departmental View process centralizes tax interpretation to issue consistent guidance and curb litigation across the department.
An institutional mechanism requires Regional Technical Committees to filter contentious income tax issues and refer significant matters to a Central Technical Committee (CTC), whose Secretariat researches and formulates a tentative Departmental View. The CTC circulates drafts to RTCs, obtains divisional inputs, resolves conflicts through Member (A&J), and places the final draft before the Board. If approved, the Departmental View will be issued as a Circular u/s 119 for compliance; conflicting High Court decisions render the view inoperative in that jurisdiction while the CTC examines whether to pursue further appeal or legislative change.
Procedure for disposal of unclaimed/ uncleared cargo under section 48 of the Customs Act, 1962, lying with the custodians – regarding
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Disposal of unclaimed cargo: prioritise investigation and adjudication so non prohibited goods can be auctioned promptly.
Commissioners must prioritise investigation, issuance of Show Cause Notices and adjudication for unclaimed or uncleared motor cars and negative list items so they do not remain uncleared; non prohibited goods may be disposed of by auction after adjudication, and standing orders or public notices should be issued to implement these measures.
Redemption of Indian Depository Receipts (IDRs) into Underlying Equity Shares
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Two-way fungibility of IDRs permitted, allowing capped annual partial redemption converting IDRs into underlying equity shares.
SEBI permits two-way fungibility of IDRs with underlying equity shares to boost foreign participation, allowing conversion/redemption and reconversion subject to preservation of domestic liquidity. Conversion in a financial year is limited to 25% of originally issued IDRs, and detailed amendments to the legal framework will be issued separately; effectiveness and rescission of the prior circular hinge on those subsequent instructions. The circular is issued under Section 11 read with Section 11A of the SEBI Act, 1992.
Dispute Resolution Panel - Reference to - Reconstitution of DRP at Mumbai - 1
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Reconstitution of Dispute Resolution Panel under section 144C prescribes alternate member composition when supervising officers are implicated.
The Board reconstitutes the Dispute Resolution Panel for Mumbai 1 as a three member panel of Commissioners of Income tax to consider draft assessment and transfer pricing orders, specifying named primary Members and named alternates to replace any Member who was the supervising officer of the Transfer Pricing Officer or the Assessing Officer at the relevant time; if the taxpayer files no objection, the primary Members will hear the case, and DRP members shall perform these duties in addition to their regular functions until directions are issued.
Issue of Indian Depository Receipts (IDRs) - Limited two way fungibilty.
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Limited two way fungibility of Indian Depository Receipts allowed subject to conversion rules, reissuance limits, and regulatory oversight.
Limited two way fungibility for Indian Depository Receipts is permitted subject to conversion governed by prior guidelines' conditions, fresh issuance under existing provisions, re issuance only to the extent of redeemed/converted and sold IDRs, and an overall capital raising cap monitored by SEBI; issuance, redemption and fungibility are subject to SEBI (Issue of Capital and Disclosure Requirements) Regulations and other applicable government, SEBI and RBI guidelines.
Service tax – vocational education/training course -- regarding.
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Service tax exemption for government vocational courses clarified; private bodies' courses taxable unless law recognized or approved.
When a vocational education course (VEC) is provided by a Government institution or local authority, service tax does not apply under section 66D(a). If the VEC is provided by an independent entity such as a society, liability is determined under clause (l) of section 66D by reference to sub clause (ii) (qualification recognised by any law, including Certificates, Diplomas, Degrees) or sub clause (iii) (approved VEC), with "recognised by any law" encompassing approvals by bodies established under central or state law and delegated legislation.
16 - 28-08-2012 VAT - Delhi
Online issue of Central Declaration Forms
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Online issuance of Central Declaration Forms enables automated requisition and immediate download, conditional on return filing and dues clearance.
Central Declaration Forms 'C', 'F' and 'H' are issued online through an automated dealer portal based on purchase data in Annexure 2A; dealers may reduce specified overheads from Annexure 2A amounts and split requisitions where supplier dispatches span periods. Online forms bear a unique identifier, barcode, electronic seal and watermark. The online facility covers forms for the stated fiscal year onward and is initially limited to selected wards; prior year forms, advance forms and other certificates remain issued by Ward Officers. Access is conditional on filed returns and clearance of dues, and dealers must update specified lists via dealer login before requisitioning.
Corrigendum to Order No. 6/FT&TR/2012, dated 10-7-2012 and Order No. 7/FT&TR/2012, dated 31-7-2012 constituting DRPs and alternate DRP at various places
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Dispute Resolution Panel composition clarified: supervising officer reference amended and default panel membership applies if taxpayer raises no objection.
Correction to DRP constitution: the supervising officer reference is changed to the supervising officer of the TPO at the time of issuance of the transfer pricing order. Additionally, if a taxpayer within a specified jurisdiction files no objection to its case being heard by the DRP listed for that jurisdiction, the DRP shall comprise the members specified for that jurisdiction in the corresponding table.
Facility for a Basic Services Demat Account (BSDA)
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Basic Services Demat Account expands low cost demat access with eligibility limits and capped maintenance charges for retail individuals.
SEBI introduces the Basic Services Demat Account (BSDA) for eligible individuals who are sole or first holders of a single demat account, permitting only one BSDA per individual and limiting value of securities in the account. DPs shall offer BSDA to new eligible applicants and allow conversion of existing eligible accounts at the next billing cycle. AMC structure is on slabs: no AMC upto Rs.50,000 and AMC not exceeding Rs.100 for holdings from Rs.50,001 to Rs.200,000; holdings valuation based on daily closing price/NAV/last traded price or face value for unlisted securities. DPs must reassess eligibility each billing cycle and apply regular charges if limits are breached.
Rationalization of process relating to surrender of registration by sub-brokers
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Surrender of sub-broker registration requires public notice, client communication, and website disclosure to protect investors.
Surrender of sub-broker registration requires the affiliating stock broker to advertise in a local widely circulated newspaper informing investors not to deal with the sub-broker, and the affiliating broker and/or exchange must publish details or new AP status on their websites. If the sub-broker transitions to an Authorized Person with the same broker and exchange, the newspaper advertisement is not required but the affiliating broker must submit an undertaking to the exchange confirming individual client communication about the surrender and AP approval.
15 - 27-08-2012 VAT - Delhi
Filing of data in Annexure 2A and 2B and DVAT -16.
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Gross Amount of Turnover reporting required; returns and credit/debit note adjustments must go in DVAT-16 adjustment columns.
Dealers must enter the Gross Amount of Turnover - the aggregate invoice values of purchases and sales for the period - in Annexure 2A, Annexure 2B and DVAT-16 columns; returns, credit notes and debit notes must not be adjusted in those columns but recorded only in the DVAT-16 annexure adjustment fields for output tax and tax credits.
Constitution of Regional Advisory Committee (Organised, Small Scale & Service Tax sectors) of Cochin Central Excise Zone for the year 2012-13
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Constitution of Regional Advisory Committee establishes trade and professional representatives to advise organised, SSI and service tax sectors.
Constitution of the Regional Advisory Committee for the Organised Sector, Small Scale Industry (SSI) Sector and Service Tax Sector of the Cochin Central Excise Zone by Trade Notice No. 2/2012, co-opting trade and professional representatives to provide advisory inputs; the notice furnishes the operative membership roll with names, designations and addresses of industry, chamber, accounting, company secretary, bank and export promotion representatives.
26/2012 - 23-08-2012 Companies Law
Constitution of a Committee for Reforming the Regulatory Environment for doing Business in India.
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Regulatory reform committee to draft a time bound roadmap improving the business environment through stakeholder consultations and statutory recommendations.
A Committee has been constituted to study and reform the regulatory environment for doing business and to prepare a time bound roadmap, with a six month reporting timeframe. Membership includes a private sector chairman, senior industry figures, regulator representatives and joint secretary level ministry nominees; IICA will provide secretarial and logistic support. The Chairman may set procedure and venue. The Committee may elicit policy opinions, hold broad stakeholder consultations, issue questionnaires and invite written public comments to propose statutory and policy changes aimed at improving the business climate.
Anti-Money Laundering (AML)/Combating the Financing of Terrorism (CFT) Standards - Cross Border Inward Remittance under Money Transfer Service Scheme (MTSS)
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Anti Money Laundering standards require MTSS Indian agents to apply international risk guidance and ensure sub agent compliance for remittances.
AML/CFT standards apply to cross border inward remittances under MTSS, requiring Authorised Persons (Indian agents) to consider international risk guidance, ensure client due diligence, maintain records and verify identity, and to make sub agents comply; legitimate transactions remain permissible and implementation is required under applicable foreign exchange and anti money laundering statutory frameworks.
Anti-Money Laundering (AML) / Combating the Financing of Terrorism (CFT) Standards - Money changing activities
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AML/CFT standards require money changers to consider international risk statements and apply enhanced due diligence to jurisdictions.
Authorised money changing persons must consider an international risk statement and adapt customer acceptance, transaction screening, and record maintenance practices accordingly; the guidance does not bar legitimate transactions. The obligation extends to agents and franchisees, with franchisers accountable for their compliance, and requires internal dissemination and Principal Officer acknowledgement, pursuant to statutory foreign exchange and anti money laundering directions.
Conditions and modalities for registration of contracts of sugar with DGFT- relaxation of (-) 5% by weight in export of sugar.
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Quantity variation tolerance in sugar exports allowed, preventing default treatment and penalties under contract registrations.
A tolerance for downward quantity variation in sugar exports against Registration Certificates is permitted: a variation of five percent below the registered weight shall be allowed and will not be treated as default for imposition of penalty or debarment from future registrations under the registration framework for export contracts.
Changes in ICES 1.5 to enable importer declare state and VAT/CST/Sales Tax registration number to avail benefit of notification on 21/2012-Cus dated 17.03.2012 (as amended).
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State destination and tax registration declaration required to claim notification benefits; importers must provide state codes and tax details.
Importers claiming benefits under notification 21/2012-Cus must declare the state of destination and the applicable VAT/CST/Sales Tax registration number for the state where goods will be taken immediately after importation. If exempted items in a bill of entry move to multiple states or under different tax types, state codes and corresponding commercial tax particulars for all relevant states must be declared. ICES 1.5 will be modified to accept these state codes and tax details; Service Centre and RES modules will be updated and RES message exchange documentation published on ICEGATE.
Filing Offer Documents under SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009
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Filing jurisdiction updated: Eastern regional office now covers additional territories, altering where offer documents must be filed.
The circular revises filing jurisdiction under the ICDR Regulations by adding Andaman & Nicobar Islands and Sikkim to the Eastern Region and designating the SEBI Eastern Regional Office, Kolkata, as the office for filing draft offer documents and offer documents for issuers in that region. The amendment applies to drafts filed with SEBI on or after August 27, 2012 and is issued under the powers of Section 11 read with Section 11A of the SEBI Act, 1992.
Foreign Direct Investment by citizen / entity incorporated in Pakistan
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Foreign direct investment by Pakistani nationals permitted with prior FIPB approval, subject to sectoral exclusions and Schedule I conditions.
A Reserve Bank circular permits persons resident outside India who are citizens of Pakistan or entities incorporated in Pakistan to purchase shares and convertible debentures under the Foreign Direct Investment framework with prior approval of the Foreign Investment Promotion Board, subject to Schedule I conditions; investments are barred if the Indian recipient is or will be engaged in defence, space, atomic energy or other sectors prohibited for foreign investment, and banks must inform customers of these conditions.

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