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Circulars
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Scheme to avail of fiscal concession under Section 80 IA of the Income Tax Act, 1961 for setting up industrial model towns/industrial parks
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Fiscal concession under Section 80 IA enables tax relief for industrial parks through a notified approval scheme.
Scheme grants tax exemptions to encourage private development of industrial model towns and parks that provide integrated infrastructure and common facilities for manufacturing, including roads, power, water, drainage, telecommunications and R&D. It establishes two application routes: an automatic approval route with disposal and communication within fifteen days for eligible filings in the prescribed form with fee, and referral of other applications to an Empowered Committee in the Ministry of Industry. The Secretariat for Industrial Assistance handles filings and issues acknowledgements and SIA numbers.
Facility for permitting imports under DEPB Scheme at Customs bonded warehouses through TRA procedure regarding
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DEPB scheme warehouse clearance: duty adjustment via TRA permits bonded-warehouse imports under specified customs jurisdictions.
Under the DEPB Scheme, imports in customs bonded warehouses may be cleared by adjusting customs duty against DEPB scrips through issuance of a Telegraphic Release Advice (TRA) from the port of DEPB registration to the Commissioner having jurisdiction over the warehouse; the TRA must specify description, value, quantity, DEPB scrip details and extent of duty entitlement and identify checks for customs staff, and the receiving Commissioner will forward import details to the issuing station for register maintenance.
451/17/99 - 06-04-1999 Central Excise
Chief Commissioners to issue a general order under Rule 173H(3) permitting entry of non-identical goods from other factories for the purpose of loading
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Entry of non-identical duty-paid goods under rule 173H(3) allows joint loading of consignments from different factories.
Permission under Rule 173H(3) authorises entry into a factory of duty-paid excisable goods manufactured in other factories when non-identical to the receiving factory's goods, for the sole purpose of loading both factories' goods on the same conveyance; the Chief Commissioner will issue a general order and may specify a simple procedure or record, whereas entries of identical goods require specific Chief Commissioner orders with prescribed conditions and limitations.
Policy Guidelines
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Extension of export obligation: bank guarantee covering customs duty plus interest enables time-limited regularisation of Advance and EPCG licences.
Extension of export obligation periods for Advance and EPCG licences is allowed on submission of a bank guarantee covering customs duty in proportion to the unfulfilled obligation together with 24% simple interest for the specified interest period; guarantees must be valid to 31.3.2002 and are forfeitable if the extended export obligation is not met. Applications must be filed with the original licensing authority within 60 days of the Public Notice; no extension is permitted where misrepresentation, fraud, or prior adjudication exists, and exports completed before the Public Notice but outside the original period are regularised as within the prescribed period.
CE - Regarding classification of STD/PCO Monitor - Reg.
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Classification of STD/PCO monitors as calculating machines directs their tariff treatment under Heading No. 84.70 for uniform excise duty application.
STD/PCO call monitors are microprocessor-based devices that total exchange pulses and compute billing by applying programmed time- and distance-based rates; their primary function is that of a calculating machine rather than a simple counter. Accordingly, the Board directs that STD/PCO monitors be classifiable under Heading No. 84.70 as calculating machines to ensure uniform tariff treatment and levy of duty, and instructs Commissioners to circulate the order for implementation.
DEPB Rates for Cathode Ray Tubes, TV Picture Tubes, etc
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DEPB rate adjustment for cathode ray tubes establishes export entitlement and an effective public notice date.
Amendment establishes a DEPB rate of 19.00 for cathode ray tubes, television picture tubes and monitor tubes, vacuum interrupter tubes and gas discharge tubes under Product Group: Electronics (Product Code: 83) in Appendix-28A of the Handbook of Procedures; the amendment is effective from 1 April 1999 and published as a public notice under the Export and Import Policy framework.
SION - HB Vol.2 Amended
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Standard Input-Output Norms amended: additions and substitutions to Handbook Vol.2 affecting import-entitlement rules and wastage formulas for exporters.
The Director General of Foreign Trade amends the Handbook of Procedures, Vol.2 by substituting, deleting and adding Standard Input Output Norms across product sectors (Chemicals, Engineering, Food, Plastics, Textiles, Handicrafts, Leather, Miscellaneous). New SION entries and detailed input lists (including wastage and conversion rules) are introduced, notably a comprehensive formula and entitlement rules for printed flexible packaging material (H404). Certain norms' validity is extended to 30 June 1999; exporters must follow prescribed procedures for regularisation thereafter.
Advance Licence Scheme & EPCG Scheme
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Export Obligation extension: applicants for advance and EPCG licences must apply within sixty days of the public notice.
The Annual Advance Licensing Scheme will commence on 1 July 1999; until then, eligible exporters will be issued regular advance licences based on export orders. A Public Notice dated 6 April 1999 allows holders of advance and EPCG licences to apply for extension of their Export Obligation periods, with applications to be filed within sixty days of that notice, i.e., by 5 June 1999.
No need for obtaining prior approval of FIPB / Government for increase in the amount of foreign equity within the percentage of foreign equity already approved in all cases in which the original project cost was up to Rs. 600 crore.
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No prior approval for increases in foreign equity within approved percentage streamlines investment, subject to notification and exceptions.
Companies may infuse additional foreign equity as part of financial restructuring without prior FIPB/Government approval provided there is no change in the approved percentage of non resident shareholding; the company must notify the Secretariat of Industrial Assistance within thirty days of receipt of funds and allotment of shares. Cases involving an increase in the percentage of foreign equity or initial approvals granted by the designated clearance authority remain subject to prior FIPB/Government approval.
Withdrawing the condition of dividend balancing on all foreign investment
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Dividend balancing rule altered: incremental foreign equity on subsequent infusion and certain secondary acquisitions now subject to balancing requirements.
Where dividend balancing was not imposed initially, subsequent foreign equity infusion triggers the balancing requirement only for the incremental foreign equity; this limitation also applies to secondary market acquisitions and preferential allotment/transfers to the extent they represent incremental foreign equity, provided the activity attracts the balancing condition. The applicable date is the commencement of commercial production for new ventures and the date of allotment of shares for existing ventures.
Import of Cinematograph Feature Films and Video Films
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Import classification change: 'video films' replaced by a broader 'Other' category to include multiple video media formats.
The Director General of Foreign Trade substitutes the term "video films" with a broader category-"Other (including film on Video tape, Compact Video disc, Laser Video discs or Digital Video discs)"-in earlier public notices, thereby clarifying and expanding the import classification of cinematograph feature films and allied video media formats under the export-import policy.
Handbook of Procedures Notified
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Notification of Handbook of Procedures: revised export import procedural framework issued under Export and Import Policy powers.
The Director General of Foreign Trade, exercising powers under Paragraph 4.11 of the Export and Import Policy, 1997-2002, notifies the Handbook of Procedures (Vol. I) (Revised Edition - March 1999) as contained in the annexure to this Public Notice, to come into force from 1 April 1999, pursuant to the Gazette notification and issued in public interest.
Classification of various Products under ITC(HS) Classifications of Export & Import Items (1997-2002)- clarifications regarding
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Product classification under ITC(HS) clarifications guide lists codes and applicability for customs and licensing authorities.
DGFT circular furnishes administrative guidance matching specific products to Exim/HS codes under the ITC(HS) 1997-2002 schedule and includes conditional remarks requiring customs or licensing authorities to adjudge classification based on technical characteristics, composition, end use, or product presentation for certain entries; issued for uniform application by licensing, customs, EPCs, commodity boards, and trade bodies.
450/16/99 - 30-03-1999 Central Excise
As per Supreme Court decision in UOI Vs. Jesus Sales Corporation- 1996(83)ELT 486, it cannot be held that before dismissing such appeals or applications in all events, the quasi judicial authorities must hear the appellants or applicants
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Pre-deposit discretion: quasi-judicial authorities may forgo personal hearings while granting or refusing dispensation, subject to reasoned orders.
Appellate authorities may dispense with statutory pre deposit requirements in stay petitions without granting a personal hearing if they objectively apply their judicial mind, consider undue hardship, and pass reasoned, speaking orders; such discretion is an exception to the rule of deposit and must be exercised to safeguard revenue, with decisions on dispensation and stay requests to be prioritized and disposed of within one month.
Guidelines for compounding of offence under Direct Tax Laws Clarification
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Compounding of tax offences: fee computed on finally revised tax and compounding rates reduced and standardized.
The compounding fee must be computed on the tax as finally determined after appeal, revision or rectification. A rate of 2% per month or part thereof of that revised tax is prescribed for calculation purposes. For wilful attempts to evade tax under Section 276C(1), the compounding fee is fixed at 50% of the amount sought to be evaded irrespective of quantum. These changes apply to future and pending cases, exclude already compounded offences, and extend mutatis mutandis to other Direct Tax Laws.
Whether it would be sufficient if the employee furnishes a medical certificate from a Government Hospital and a declaration in writing duly signed by the claimant certifying the actual amount of expenditure on account of medical treatment (including nursing) training and rehabilitation of the handic
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Deduction for handicapped dependent expenses: government hospital certificate and claimant declaration suffice for TDS verification.
Verification for the deduction on account of medical treatment, nursing, training and rehabilitation of a handicapped dependant requires a government hospital medical certificate, a signed claimant declaration certifying the actual expenditure, and receipts/acknowledgements for amounts paid or deposited in specified insurance or trust schemes; DDOs need not demand individual medical vouchers or bills when allowing the deduction for TDS from salaries from the stated financial year onwards.
449/15/99 - 23-03-1999 Central Excise
Reiteration that no duty is payable on waster packages/containers used for packaging modvatable inputs when cleared from the factory of the manufacturer availing modvat credit
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No duty on waste packaging of Modvatable inputs when cleared from factory of a manufacturer availing Modvat credit.
The Board directs that excise duty shall not be demanded on waste packages/containers used for packaging Modvatable inputs when cleared from the factory of a manufacturer availing Modvat credit, instructing field formations to follow tribunal decisions supporting non-dutiability and aligning this position with earlier Board circular guidance.
448/14/99 - 23-03-1999 Central Excise
Under the customs notification, goods imported for actual use attract special additional customs duty of 4%. Range officers must check at the time of allowing Modvat credit on the strength of a Bill of Entry, whether the particular consignment has suffered SAD of Customs or not
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Verification of Special Additional Customs Duty required - officers must confirm SAD payment before allowing Modvat credit, non payment reported.
Range Officers must verify, when allowing Modvat credit on the basis of a Bill of Entry, whether the consignment has suffered Special Additional Customs Duty; if the Bill of Entry does not indicate SAD payment the Range Officer must report to the Commissioner of Customs with a copy of the Bill of Entry for recovery action and initiation of penal proceedings. The Audit Wing should be instructed to check for possible misuse of the exemption notification.
Delay in implementation of appellate orders passed by CsIT(A)'s and ITAT - Instructions reg.
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Implementation of appellate orders must occur within thirty days of receipt by the assessing officer, mandated by departmental instruction.
Instructions require that orders of the CIT(A) and the ITAT be given effect within thirty days of receipt by the Assessing Officer, reflecting the Citizens Charter expectation of timely implementation; the Board directs circulation of this requirement to all officers in the region.
Export of Sand and Soils
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Export ban scope clarified to exclude natural garnets, abrasives and specified heavy minerals, which remain freely exportable.
The circular clarifies that the export prohibition on sands and soils does not apply to natural garnets, natural abrasives, garnet sands, other mineral products, and specified heavy minerals including ilmenite, rutile, zircon, monazite and sillimanite, which are freely exportable.

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