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CUSTOMS - SALE OF IMPORTED GOODS ON HIGH SEAS – DETERMINATION OF VALUE FOR ASSESSMENT - REG.
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High-seas sale valuation: actual high-seas contract price governs customs assessment when it exceeds CIF plus sales charges.
For high-seas sales the transaction on the high seas is the relevant transaction and the last buyer is the importer; declared high-seas sales charges are added to CIF (generally treated as two percent of CIF unless actual charges are higher), and where the actual high-seas sale contract price is known and exceeds CIF plus sales charges, that actual contract price is to be taken as the customs value for assessment.
Acquisition of Foreign Securities by Resident Individuals under ESOP Scheme
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ESOP acquisition liberalisation: residents may buy and sell foreign ESOP shares subject to repatriation of sale proceeds.
Resident individuals employed by Indian offices or branches of majority foreign owned companies may acquire foreign securities under ESOPs without a concessional price condition, and may sell those shares without prior permission so long as the sale proceeds are repatriated to India; Authorised Dealers must permit remittances for acquisition per the offer and allow repatriation of proceeds, with implementing regulatory amendments to follow under FEMA authority.
Service tax β€” Correct filing of TR-6 Challans β€” Instructions
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Service tax TR-6 challan compliance: mandated data fields, preprinted yellow forms, and bank screening to ensure valid payments.
Assessees must complete TR-6 Challans exactly as prescribed: enter the PAN-based STC and, if allotted, the 10-digit ECC (updating earlier ECC prefixes), bank branch name and code, reduced accounting code for the relevant minor head, running serial number for the year, and tenderer's date, name and signature. Use only preprinted yellow TR-6s and the prescribed minor/sub-heads; do not enter Service Tax Registration numbers in the PAN-based STC field. Focal point banks shall preliminarily screen and refuse incomplete or improperly filled challans; assessees bear responsibility for non-acceptance and resultant non-payment or delays.
CENVAT Credit involved on stock of Light diesel oil as on 28/03/2003 - regarding
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CENVAT credit on light diesel oil: department to file SLP and keep show cause notices pending to safeguard revenue.
CENVAT credit on stock of Light Diesel Oil is under challenge after a departmental circular was set aside by the High Court; the Department will file a Special Leave Petition in the Supreme Court. Pending that appeal, unadjudicated show cause notices are to be kept pending, and other show cause notices may be issued to safeguard revenue but kept pending.
Import of approved and unapproved drugs under the Advance Licensing Scheme – Exemption from Registration procedure
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Import exemption for drugs under advance licensing allows bulk drug imports without manufacturing site registration or import licence.
Imports of approved and unapproved drugs under the Advance Licensing Scheme are exempt from the Drugs and Cosmetics registration procedure. The circular clarifies that bulk drugs imported under Para 4.2.7 of the EXIM Policy, 2002-07 may be imported without manufacturing site registration and without the import licence required by the cited Ministry of Health notification.
Treatment of Credit balance at the Year-end- regarding.
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CENVAT credit year end treatment risks double benefit when unutilized credits are expensed yet retained for future excise use.
The circular warns that unutilized CENVAT credit debited as expenditure in Profit and Loss accounts, yet retained in CENVAT accounts for later use, can create unintended double benefits under Central Excise and Income Tax laws. It notes this risk arises particularly with inverted duty structures and instructs field formations to inform Income Tax authorities where such credits have not been written off and for audit parties to monitor year end CENVAT balances.
Straight Through Processing
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Straight Through Processing: mandatory digitally signed trade instructions with centralized hub routing and verified acknowledgments.
STP requires STP users to digitally sign instructions; sending STP service providers verify signatures and either forward to a co provider or encapsulate and sign messages for the STP centralized hub. The centralized hub verifies the provider's signature, acknowledges receipt, signs and forwards messages to recipient providers, which verify signatures, confirm recipient association and return signed acknowledgments via the hub. The recipient provider delivers the message to the user, who verifies provider and originator signatures. The hub will supply utility/client software for interface; PKI implementation is planned for a later stage.
Directions of the Hon’ble Supreme Court of India dated 14.10.2003 in the matter of WP No. 657/95 – Regarding
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Import prohibition of hazardous wastes mandates verification, testing, and re-export, destruction or regulated recycling under supervision.
Imports of listed banned hazardous items are prohibited and Notification under the Customs Act has been issued. Port and Customs authorities must verify consignments against authenticated Form 7 from the exporter before clearance and ensure laboratory testing follows criteria prescribed by the pollution control authority. Importers of used oil, furnace oil and zinc wastes must furnish bank guarantees released only after conformity is established. Banned wastes must be re-exported or destroyed at importer's risk; regulated wastes may be released or auctioned to registered recyclers only with Monitoring Committee clearance and supervision.
Foreign Exchange Management (Deposit) Regulations, 2000 - Acceptance of Deposits - Revised Guidelines
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Acceptance of NRI deposits restricted to NRO-account debits for non-authorised entities; remittance-origin or NRE/FCNR(B) debits barred.
Non-authorised persons may accept NRI deposits only by debit to NRO accounts provided such amounts are not inward remittances or transfers from NRE/FCNR(B) accounts; deposits from inward remittances or by debit to NRE/FCNR(B) accounts are prohibited. Existing NRI deposits with non-authorised entities may be held and renewed, and interest on those deposits remains repatriable.
Declaration of dividends by banks
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Dividend payout ratio cap limits bank dividend distributions; payouts within the cap require prudential compliance, higher sums need approval.
Regulatory guidance shifts focus to a dividend payout ratio, allowing banks that satisfy minimum prudential criteria-sustained capital adequacy, limited net NPA, statutory and regulatory compliance, adequate provisioning and no explicit RBI restrictions-to declare dividends without prior approval provided payouts are from current profits and within the prudential cap; extraordinary items and adverse auditor qualifications must be excluded or adjusted when computing the ratio. Higher dividends or declarations by non eligible banks require prior RBI approval. Reporting to the Reserve Bank within a fortnight is mandatory.
Issue of Digitally Signed Circular for amendments to the SEBI (Disclosure and Investor Protection) {DIP} Guidelines, 2000
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Digitally signed circulars required for regulatory amendments; registered intermediaries must provide email ids to receive electronic issuance.
Circulars amending the SEBI (Disclosure and Investor Protection) Guidelines, 2000 will be issued only as digitally signed circulars in conformity with the Information Technology Act, 2000; registered intermediaries must provide email ids for mailing-list registration, physical dispatch will be discontinued, electronic versions will be posted on the website, and original physical circulars will be retained for inspection or copying.
Export of Plant & Plant Portion (Crude Drugs), their Derivatives/Extracts – Reg.
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Export controls on plants require no-objection and cultivation certificates to accompany export documentation for wild and cultivated consignments.
Export consignments of plants, plant parts, derivatives and extracts must be accompanied by a No Objection Certificate from the appropriate wildlife or forest authority; cultivated material from non-forest areas may be exported on production of a Cultivation Certificate from the District Agriculture or Horticulture Officer, with forest/wildlife authorities still issuing transport and CITES permits where applicable. Required certificates must accompany export documentation in strict compliance with the Exim Policy and DGFT notification.
Deferred Payment Protocols dated 30th April 1981 and 23rd December 1985 between the Government of India and erstwhile USSR
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Special currency basket revision for deferred payments updates rupee conversion and directs authorised dealers to implement changes.
Revision of the rupee valuation mechanism for payments under the Deferred Payment Protocols with the erstwhile USSR by administrative circular; Authorised Dealers are directed to apply the revised rupee value of the special currency basket from the stated effective date, notify constituents, and implement the change under statutory foreign exchange powers.
Settlement of transactions in the case of holidays
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Settlement sequencing: rules require sequential clearing, rapid inter-depository transfers, and prompt client payout after exchange holidays.
Stock Exchanges must clear and settle trades sequentially so that pay-in and pay-out of an earlier settlement are completed before commencing the next; cash and securities from the first settlement must be made available to members for subsequent pay-ins. Depositories shall facilitate inter-depository transfers within one hour and before pay-in for the subsequent settlement begins. Clearing Corporations shall execute an Auto DO facility to make funds and securities available on the same day. Brokers/clearing members must transfer securities from CM pool accounts to client beneficiary accounts within one working day after pay-out, with a weekly penalty for delays.
Amendment in the Handbook of Procedure Vol. I
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Amendment to Handbook updates recognized ISO 9000 certification and inspection agencies, adding and correcting agency listings.
The Director General of Foreign Trade amends the Handbook of Procedures (Vol. I) to add Germanischer Lloyd Certification GmbH and its Indian representative to Appendix 28A of recognized IS/ISO 9000 certification agencies, amends the address/contact details of International Certifications Services (Asia) Pvt Ltd in Appendix 28A, and updates Appendix 28 by providing contact information for BSI Inspectorate Ltd.
Amendment in the Handbook of Procedure Vol. I
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Extension of procedural time limit implemented affecting prescribed days in Handbook of Procedure provisions to align export import timelines.
The Public Notice amends the Handbook of Procedure (Vol. I) by changing the period specified in paragraphs 4.69, 4.76.1, 4.77.2 and 4.78.1 from 120 days to 180 days, effecting a procedural modification to the timelines referenced under the Export and Import Policy.
Trade Credits for Imports into India – Review and Simplification
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Trade credit rules: short maturities for general imports, extended terms allowed only for capital goods with reporting obligations.
ADs may approve trade credits (suppliers' or buyers' credit) with original maturity up to one year for all EXIM-permissible imports; maturities exceeding one year and less than three years are permitted only for imports of capital goods. Trade credits of three years or more fall under External Commercial Borrowings. ADs may not approve credits beyond the per-transaction ceiling, may not roll-over beyond permissible maturity, and must observe prescribed all-in-cost ceilings. ADs must submit monthly consolidated Form TC reports with unique identification numbers and follow specified data formats.
FEMA 1999 - Current Account Transactions - Remittance for maintenance of close relatives abroad- Requests of Indian Nationals on deputation to India from Overseas Companies
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Remittance of salary for maintenance of close relatives abroad extended to Indian nationals on deputation, authorising authorised dealers to permit transfers.
Authorised Dealers may allow remittance of net salary (after deduction of taxes, provident fund contributions and other deductions) for maintenance of close relatives abroad by a citizen of India who is on deputation to the office, branch, subsidiary or joint venture in India of an overseas company, pursuant to Government Notification G.S.R.397(E) which amends Schedule III to include deputation and substitutes "employment or deputation of" in the explanation.
Grant of reward to informers and Government servants – Review of Policy, Procedure and Guidelines – regarding.
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Reward policy for informers and government servants revised to include service tax and set ceilings and sanctioning authorities.
Guidelines extend reward eligibility to informers and Government servants for detections under Customs, Central Excise, NDPS and Service Tax; references to "duty" shall read "duty/Service Tax." The order fixes a career ceiling on total rewards for Government servants, a per case cap for individual officers with provision for exceptional higher sanctions on Board recommendation, and prescribes tiered sanctioning authorities and committees by monetary bands for both informers and Government servants. Service Tax claims are to be processed like Central Excise cases.
Ntf. No. 29/2004, DT. 28/01/2004 – consequences thereof for Duty Free import of gold for exports
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Duty free import of gold preserved while nominated agency route and advance licensing remain available, subject to RBI regulation.
The circular confirms that duty free imports of gold and silver for exports continue to be permitted through nominated agencies and nominated banks or directly under the Advance Licensing Scheme under Chapter 4 of the EXIM Policy. It reiterates that the Reserve Bank of India retains the right to regulate gold imports under Notification No. 29 and that any RBI changes are deemed covered by the EXIM Policy.

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