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Deemed export benefits on supplies made to projects financed by multilateral or bilateral agencies/funds covered under para 8.2(d) of Foreign Trade Policy
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Deemed export refund entitlement preserved for Appendix-13 financed projects, independent of countervailing duty payable on import.
Supplies to projects financed by agencies/funds listed in Appendix-13 will continue to receive refund of excise duty without relating the refund to whether countervailing duty is payable on import, provided all Foreign Trade Policy eligibility and procedural conditions for such projects are met; supplies satisfying CBEC notification conditions remain exempt from excise duty. Cases rejected earlier on the basis of the prior CVD-related stipulation may be re-opened suo-moto and reconsidered.
Booking and Cancellation of Forward Contracts
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Forward contract cancellation and rebooking allowed for resident current account hedges, subject to exposure reporting and specified exceptions.
All forward contracts booked by residents to hedge current account transactions may be cancelled and rebooked freely regardless of tenor, subject to annual submission of corporate-wise foreign currency exposure details as of April 1; exclusions apply to forwards booked on past performance without documents and to forwards for transactions denominated in foreign currency but settled in Indian Rupees.
Botanical Garden Jetty declared Customs area for loading of fly ash, gypsum and granulated slag for export to Bangladesh
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Customs area declaration permits specified jetty use for export loading of ash, gypsum and slag via riverine route.
The Commissioner of Customs, relying on statutory authority, designated a 996 square metre portion of Botanical Garden Jetty at Shibpur as a Customs Area for a limited period to permit loading of fly ash, gypsum and granulated slag for export to Bangladesh by riverine route, limited to the stated commodities and subject to the schedule of site boundaries; the Inland Waterways Authority is directed to maintain existing fencing and proper security of the area.
Correction in the Schedule of DEPB rates
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DEPB rate correction: specified product rate revised under Foreign Trade Policy to a corrected administrative rate.
Correction to the Schedule of Differential Export Promotion Bonus (DEPB) rates is made under paragraph 2.4 of the Foreign Trade Policy, 2004-09 by Public Notice No. 23/2005, dated 20 June 2005, specifying a corrected DEPB rate entry for the identified product code in the published schedule.
Order under section 119(2)(a) of the Income-tax Act, 1961 regarding extension of due date for electronic filing of Annual Return for Tax Collection at Source and Quarterly Returns of Tax Deduction at Source and Tax Collection at Source
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Extension of electronic filing due dates for TCS and TDS returns; electronic submission deadlines moved to a later statutory date.
An administrative direction under section 119(2)(a) extends the due date for electronic filing of the annual TCS return for financial year 2004-05 to 31 July 2005, and likewise extends the due date for electronic filing of quarterly TDS and TCS statements for the first quarter of 2005-06 to 31 July 2005. The due dates for filing these returns and statements in paper format remain unchanged under the relevant provisions.
Clarification with regard to valuation of goods-regarding.
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CENVAT credit adjustment for removals as such requires payment equal to credit availed rather than valuation-based duty liability.
When a manufacturer removes inputs or capital goods as such, the applicable amended CENVAT provision requires payment measured by the credit availed on those goods rather than by the duty leviable on their value; situations governed by the earlier provision before amendment continue to be governed by the valuation and liability rules then in force.
Release of seized promissory notes
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Release of seized promissory notes requires deposit or irrevocable bank guarantee and a certified true copy retained.
Seized promissory notes may be released to the assessee provided the assessee deposits an equivalent amount in the P.D. Account (installments allowed) or furnishes an appropriate irrevocable bank guarantee, with cash deposit preferred, and a certified true copy of each promissory note is maintained, signed and acknowledged by the assessee in the prescribed proforma.
Minimum Number of Investors in Scheme(s)/Plan(s) of Mutual Funds
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Concentrated holding limit enforcement: breach triggers rebalancing, notice and automatic redemption if unremedied by mutual funds at applicable NAV.
The circular mandates portfolio level application of a concentration limit, with scheme average net assets computed daily and investor holdings averaged daily to detect breaches. Breaches are assessed over the quarter; a one month rebalancing period is permitted, followed by a 15 day notice to redeem excess exposure. If unredeemed, the mutual fund will effect automatic redemption at the applicable Net Asset Value on the 15th day.
Amendments in the Application Form Appendix 17D for DFCE for Status Holders 2003-04 published as annexure A to the Public Notice 15(RE2005)/2004-09 dated 04.06.2005
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Deletion of declaration requirement removes discounts and commission disclosure from DFCE Appendix 17D for status holders.
The Director General of Foreign Trade, exercising powers under the Export and Import Policy 2002-07, amends Appendix 17D (DFCE application form for status holders 2003-04) by deleting Sr. No. 11 of the Declaration at page 4, which related to discounts and commission; this administrative amendment is issued by Public Notice No. 22/2005 dated 14/06/2005.
DFCE under EXIM Policy (2003-04) and Target Plus Scheme under Foreign Trade Policy (2004-05), clarification and other issues
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Admissibility of export claims: committee verification required and claims allowed only to recipients of export proceeds in their own name.
Zonal offices must form a committee led by the Zonal Joint DGFT to finalise DFCE and Target Plus Scheme claims, with discretion to call additional documents on a sample basis to verify genuineness and settle claims within the prescribed administrative timeline; where GR form and BRC contain multiple names, exporters may present documentary proof of mandatory multi-name requirements for the committee's consideration, but no disclaimers are permitted and claims can be filed only by those who receive export proceeds in their own name.
Use of International Debit Cards/Store Value Cards/Charge Cards/Smart Cards by Resident Indians while on a visit outside India
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Use of international debit and smart cards abroad limited to permissible current account transactions, subject to prescribed foreign exchange limits.
Use of international debit, store value, charge and smart cards by resident Indians abroad is allowed solely for permissible current account transactions and is subject to the item-wise and overall limits under the Foreign Exchange Management (Current Account Transactions) Rules. IDCs may be used for overseas cash withdrawals and merchant payments within those limits but not for internet purchases or activities for which drawal of foreign exchange is prohibited. AD banks must comply with documentation requirements and submit an annual proforma statement when aggregate IDC utilisation by holders exceeds the prescribed reporting threshold.
Service Tax – Centralized registration to be granted by DGST
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Centralized registration: uniform procedure and checklist required before Directorate General grants permission for service tax centralisation.
A uniform procedure for granting centralized registration under Rule 4(3)(b) requires submission of a complete ST-1 with documentary particulars as per an annexed check list; jurisdictional officers must vet the application, the Commissioner will verify compliance and certify it for submission to the Directorate General of Service Tax, which will examine the verification report and, if satisfied, grant permission and prompt issuance of a centralized registration number in a prescribed format.
Guidelines for decentralization of cases from Central Charges
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Decentralization of cases: transfer allowed after first appeal with retention of contested documents and prosecution safeguards.
Decentralization is permitted after the first appeal; if a second appeal is pending the Central Charge A.O. must prepare and hand over a paper book. The Central A.O. must segregate and retain documents referenced in assessment and appellate proceedings, copies of panchnama and search statements as search material, return other documents against an undertaking, and must not release seized material affecting prosecution until prosecution concludes; prosecution dossiers and witness details must be communicated to the succeeding A.O. Central authorities determine decentralization competence, and decentralization is conditional on completion of penalty and specified settlement processes.
Service Tax - Centralized registration to be granted by Directorate General(Service Tax) - regarding.
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Centralized registration for service tax requires standardized application and verification procedures with uniform registration numbers.
Applications for centralized registration must be submitted on ST-1 through the jurisdictional Deputy/Assistant Commissioner with the prescribed checklist (Annexure A). The jurisdictional officer vets the submission, the Commissioner verifies and certifies compliance, and forwards a verification report to the Directorate General (Service Tax) which examines and grants permission. On grant, the Commissioner issues centralized registration in a uniform alphanumeric format and intimates the applicant, DGST and Zonal Chief Commissioner. Annexure A lists documentary, accounting and reporting requisites and requires attestations and annual field verification.
Amendments in the Handbook of Procedures, Vol.1
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Registration requirement for EOUs and SEZ units relaxed; separate membership certificate not required except for spices.
The amendment designates the registering authority for EOUs, EHTP, STP and BTP as the Director General of Foreign Trade and for SEZ units and developers as the Development Commissioner of the SEZ; in both cases a separate Registration cum Membership Certificate is not required under the Policy, except that spice units must mandatorily register with the Spices Board.
Registering Authority for EOU/SEZ Units in respect import/export of spices
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Spices Board registration mandatory for EOU/SEZ spice import-export units; compliance required for new and existing units.
EOU/SEZ units engaged in import/export of spices must obtain Spices Board registration; notwithstanding the FTP and Hand-Book provision allowing the Development Commissioner to act as registering authority and dispense with a separate RCMC, separate registration with the Spices Board is mandatory for both new and existing units and must be strictly complied with.
Issuance of IEC Number to a Branch Office in India of a Foreign Company
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IEC issuance for branch offices requires regulatory establishment permission and specific import/export authorisation before licensing application.
A branch office of a foreign company may be issued an IEC number only if the branch was opened in India with prior regulatory establishment permission under the foreign exchange establishment regulations and has been authorised by the monetary regulator to undertake import or export business; where those conditions are met the branch shall apply to the jurisdictional licensing authority with the necessary supporting documents.
Factoring of duty incidence on HSD and furnace oil in Brand Rates and Special Brand Rates of Duty Drawback determined under Rule 6 and Rule 7 of the Customs & Central Excise Duties Drawback Rules, 1995 - Regarding
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Drawback inclusion of fuel duty: duty on HSD and furnace oil to be factored into Brand and Special Brand Rates under drawback rules.
Duty incidence on High Speed Diesel and furnace oil is to be factored into Brand Rates and Special Brand Rates of duty drawback under the Customs and Central Excise Duties Drawback Rules for exports from 5-5-2005, reflecting recognition that fuels consumed in production qualify as inputs for drawback and following Committee recommendation and linkage to ASCM treatment of energy and fuels.
Declaration to be submitted regarding SCOMET items
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SCOMET declaration requirement narrowed to specific export product groups; exporters in affected sectors must update compliance procedures accordingly.
Declarations regarding SCOMET items will be insisted only for exports classified under the following product groups: Engineering (Product Group Code No.61), Chemicals (Product Group Code No.62), Plastics (Product Group Code No.63) and Electronics (Product Group Code No.83); exporters in these groups must furnish the prescribed declarations to comply with the revised trade notice.
Amendments/deletions/corrections and additions in the Handbook of Procedures, Vol.2, 2004-2009, as amended
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Amendments to Standard Input Output Norms update import entitlement rules and add detailed SION entries for exports.
Amendments to the Handbook of Procedures (Vol. II) revise the Standard Input Output Norms, adding, deleting and correcting SION entries for chemical, allied, engineering and plastics products. The notice prescribes specific import items and permitted input quantities or alternative inputs against defined export items, adds footnotes limiting entitlements (including declaration rules for mixed consignments), reinstates an inadvertently deleted norm, and corrects item descriptions and quantities; detailed amended SION rows are set out in annexures for administrative implementation.

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