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Circulars
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Service Tax — Official amendments to the Finance Bill, 2001
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Taxable service definitions clarified to include authorised port agents, insurers, and specified motor vehicle services under service tax.
Amendments to the Finance Bill, 2001 refine the scope of Taxable Service by specifying that authorised service station provisions apply to motor cars and two wheeled motor vehicles, extending port-service coverage to persons authorised by ports, and treating recording and editing in video-tape production as taxable. Insurance provisions now include actuaries' services to insurers and specify commission, fee or other sums in taxable value. Reimbursements and parts-related exclusions for authorised service stations are clarified. A redundant explanatory provision on stays of service was omitted and a penalty reference was corrected.
Amendments in Exim Policy and Handbook of Procedures, 1997-2002 relating to Gem& Jewellery Sector and EOU/EPZ/ STP/ EHTP/SEZ Scheme- Issuance of Customs/ Central Excise notifications - reg
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Duty free re importation of graded diamonds enabled for eligible exporters, streamlining certification and identity verified re entry.
Amendments align EXIM Policy and HOP provisions with customs and central excise notifications to revise duty and procedural treatment for gem & jewellery and EOU/EPZ/STP/EHTP/SEZ units: permitting duty free re importation of graded diamonds for eligible exporters with identity verification; extending export against supply by foreign buyer to eligible exporters subject to bond and bank guarantee; relaxing NFEP linkage for limited DTA sale of rejects, by products and scrap at concessional duty; authorising subcontracting abroad, additional duty free import items, EPCG debonding at the prevailing single duty, sourcing against ARO/DFRC with defined duty liabilities, and procedural reliefs for perishable agricultural consignments.
Practice of granting conditional listing permission
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Conditional listing permission prohibited under company law; stock exchanges must issue only final, unqualified listing decisions.
The circular directs that the Companies Act provision governing listing contemplates a definitive decision to grant or refuse listing and does not provide for qualified or conditional listings; stock exchanges are therefore instructed to desist from issuing conditional listing permissions and to apply a final, unqualified decision-making approach when processing listing applications.
10/2001 - 22-05-2001 Companies Law
Circulation of copy of Notification GSR 337(E); -The Companies (passing of the resolution by postal ballot) Rules, 2001.
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Postal ballot rules enable passing of company resolutions by postal ballot; notification circulated to regulatory officers for action.
The Department of Company Affairs forwards the Gazette Notification titled The Companies (passing of the resolution by postal ballot) Rules, 2001 to Regional Directors, Registrars of Companies and Official Liquidators for information and necessary action, requesting acknowledgment of receipt and providing contact details for follow up.
Disposal of imported fire arms - Regarding
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Disposal of imported firearms prohibited during owner's lifetime; post death transfer allowed to heirs and sale to licensed holders.
No transfer or sale of customs cleared imported firearms is permitted during the lifetime of the importer. After the owner's death, disposal is allowed by transfer to legal heirs, and those heirs may sell the firearm to a licensed firearm holder or to an arms dealer, in accordance with the Home Ministry's clarification.
Revision of existing sectoral guidelines and equity cap on Foreign Direct Investment (FDI), including investment by Non Resident Indians (NRIs) and Overseas Corporate Bodies (OCBs)
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Foreign direct investment policy expanded: greater automatic approvals for key sectors; higher stakes require government approval.
Revision liberalises FDI by expanding automatic-route permissions and specifying sectors where higher foreign participation requires prior government approval. Key operative provisions permit FDI in manufacture of drugs and pharmaceuticals subject to prior approval for licensable and recombinant DNA products; airports, hotels and tourism, courier services (excluding letter distribution), mass rapid transport systems with associated real estate, integrated townships (subject to notified norms), and defence and specified telecom services under licensing or approval regimes. NRI investment in foreign exchange is fully repatriable while rupee account investments remain non-repatriable.
Activities of Custodians of Securities
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Custodian reporting obligations: mandatory annual expert review filing, monthly market-value reports, and ISIN data submission requirements.
Custodians must file an annual expert review of systems, procedures and controls covering client and regulatory obligations, including FII transaction reporting, with an Action Taken Report; submit certified monthly market-value reports of securities held in custody using the prescribed format by the seventh day of the following month; follow standardised data-format rules for equity and debt reporting; submit separate reports for trading on SEBI holidays; and provide issuer information in the prescribed format to enable ISIN issuance for unlisted securities, with auditor and executive certifications as required.
Certification of copy of shipping bill by Customs due to non-generation of Export promotion (E.P) copy of he shipping bill from the EDI system
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Certification of export documentation permits customs-certified shipping bill copies to serve as proof of export when the EDI system fails.
Where the EDI system does not generate the E.P. copy, exporters shall present the exchange control copy of the shipping bill, container loading plan, mate receipt and sailing report to the Assistant/Deputy Commissioner (Export) who will verify export particulars in the EDI, stamp and certify the photocopy with vessel and sailing details as proof of export under the Central Excise rules and release the AR4 form; the procedure is temporary pending software corrections.
Excisability of products of heading No. 30.03 – Labeling or re-labeling of containers-
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Labeling as manufacture: relabeling pharmaceuticals to meet statutory requirements can trigger excise duty liability under the tariff regime.
Placing or replacing consumer-information labels on imported pharmaceutical products to satisfy statutory requirements is treated as manufacture under the Chapter 30 explanatory note, attracting excise duty; the Ministry of Law advised this interpretation, the Central Board accepted the Audit objection, and Commissionerates are directed to take necessary action in similar cases.
Registration-cum-allocation Certificate (RCAC) by APEDA for export of sugar treated to have been dispensed with from 1.4.2001
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Registration-cum-allocation certificate requirement removed for sugar exports, simplifying export documentation and altering ITC(HS) restrictions.
The notice deletes the conditions under column 4 for Code No. 1701 in Table B of Schedule 2 and removes the sugar entry in Appendix 1 to Schedule 2, thereby modifying the ITC(HS) Classification and its restrictions. It also treats the procedure requiring a Registration-cum-allocation Certificate (RCAC) by APEDA for sugar exports as dispensed with, simplifying export documentation and removing the prior allocation/registration mechanism.
Condonation of delay in filing refund claim and claim of carry forward of losses under section 119(2)(b)
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Condonation of delay in tax claims now extends to carry forward of losses where other conditions are satisfied.
The Board clarifies that its power to condone delay extends to belated claims for carry forward of losses as well as belated refund claims, provided the existing procedural conditions are satisfied: the refund must arise from excess tax deducted/collected or advance tax payments and fall within prescribed monetary limits for the assessment year; the claim must not be supplementary; and the income must not be assessable in another person's hands. Monetary limits and authority divisions that apply to refund condonation apply equally to carry forward claims.
Guidelines for awarding Annual maintenance Contracts (AMCs) for computer hardware / site maintenance etc. and delegation of financial powers – reg
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Maintenance of Computers: Heads of Department may award AMCs to PSUs and privately up to specified limit, higher approvals required.
Maintenance of computers covers hardware and peripherals; site components like DG sets and air conditioners are excluded and require prior Ministry sanction. Heads of Departments may award AMCs to public sector undertakings subject to General Financial Rules, awarding to the lowest bidder and directly if the lowest is a PSU; if the lowest bidder is non-PSU Ministry approval is required. Mainframe software follows hardware rules; desktop software maintenance should be done in-house. HODs may award AMCs to private parties up to an aggregate limit of two lakhs per financial year, with proposals above delegated limits sent to the Ministry through the Commissioner (Systems).
09/2001 - 15-05-2001 Companies Law
Allocation of specific economic activity based upon the main object clause of a company while allocating Corporate Identity Number (CIN) instead of entering the code "00000".
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Economic activity coding: allocate a company's primary object-based code in CIN rather than default placeholder.
Where a company operates in diverse fields, the second five-digit segment of the Corporate Identity Number representing economic activity must be filled with the specific activity derived from the main object clause (item 1 of Object Clause (III A)) of the Memorandum of Association instead of assigning the code "00000", to improve industry-wise analysis.
Ban on transfer of Jurisdiction.
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Ban on transfer of jurisdiction remains during restructuring; transfers allowed only with Board approval in exigent cases.
A ban on transfer of jurisdiction is maintained during departmental restructuring, continuing the earlier prohibition; transfers are prohibited except in extreme exigency with prior Board approval, and the ban does not apply to centralisation and decentralisation of search and seizure and related cases.
BTI (G I Series) Circular No. 1 (2000- 2001) dated May 11, 2001
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Timely transmission of application data required to Registrar to enable prompt allotment after issue closure.
Bankers to an Issue must forward investor applications, collection figures and application monies to the Registrar, the lead manager and the issuer within a short prescribed period after issue closure, and the designated controlling branch must send daily statements of applications and amounts received; these obligations apply to all issues including book-built issues and require appropriate systems and procedures to ensure compliance.
Export of goods and services against repayment of State credit granted by erstwhile Soviet Union
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Nominated bank designation expanded to include Centurion Bank for exports against state credit repayment.
Centurion Bank Ltd. is added to the list of nominated banks authorised to handle exports to Russia against repayment of State credit per Annexure I to the earlier circular. Authorised dealers must notify their constituents of this inclusion. The directions are issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999, and non observance invites penalties under the Act.
Allocation of location codes for Customs locations in India-regarding
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Location codes requirement: notifications under section 8 must include location codes; commissioners to obtain and reissue.
All future notifications under section 8 of the Customs Act must state the location code for the relevant port/airport/ICD/CFS/LCS, obtained from the Directorate of Systems; existing notifications should be re issued to include the location name and code, and Commissioners must inform the Directorate if any station's code is missing and report implementation difficulties to the Board.
Guidelines for registrars to an issue/share transfer agents for handling and processing of transfer documents/bad delivery documents/stock invests etc.
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Mandatory guidelines for share transfer processing require registrars and listed companies to adopt uniform norms and formats.
SEBI directed that all registered registrars to an issue/share transfer agents and companies listed on stock exchanges must mandatorily follow uniform guidelines and prescribed formats for handling and processing transfer documents, bad deliveries and related stock-investment paperwork. The guidelines are organized into three operative parts: general norms for document processing, norms for processing transfers, and norms for objection, and are issued under SEBI's regulatory powers to ensure consistent practices and reduce investor inconvenience.
Use of standard IE Codes notified by the DGFT for exempted categories of importers and exporters under ICES – regarding.
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Standard IE codes required for exempted importers and exporters; individual IECs needed to claim drawback or export benefits.
The DGFT has notified standard IE codes for specified exempt categories and such persons must declare those standard codes on bills of entry and shipping bills filed through ICES; ICES has been modified to capture these codes. Exporters seeking drawback or other export benefits must obtain an individual IE code and PAN based business identification, register Authorised Dealer details and open a designated bank account. Where no code exists, a temporary code may be allocated for ICES processing with permission of the designated Assistant/Deputy Commissioner; persons required to have an IE code but without one will be allowed the standard code only after adjudication of the offence.
Investment/Trading in Securities by Employees of Asset Management Companies and Mutual Fund Trustee Companies
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Employee trading restrictions require preclearance, cooling off and disclosure to prevent front running and self dealing.
Regulatory guidelines require AMCs and trustee companies to control employees' personal securities transactions to prevent conflicts of interest and misuse of price sensitive information. Access persons must obtain Compliance Officer pre clearance for non exempt secondary market trades, comply with time limited approvals and cooling off intervals where mutual fund schemes have transacted, and submit periodic transaction and holding disclosures. Prohibitions include front running, self dealing, carry forward and short sales; the Compliance Officer records approvals and the boards review compliance and report violations and remedial action to the regulator.

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