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Circulars
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Conditions and modalities for registration of contracts of cotton yarn with DGFT- relaxation of -5% by weight in export of cotton yarn.
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Permissible weight variation in cotton yarn exports allowed, shortfalls will not trigger penalty or debarment under DGFT rules.
A permitted negative variance of -5% in weight against Registration Certificates for export of cotton yarn is allowed and such shortfall shall not be treated as a default for imposition of penalty or debarment from future registrations under the DGFT contract registration framework.
Final list of defaulters for failure to export of cotton in terms of Policy Circular No. 09 dated 29.12.2010 and Trade Notice No.01 dated 10.1.2011.
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Final list of cotton exporters declared defaulters; re verification in 15 days or remove name by specified penalty.
A final list of exporters declared defaulters for failure to export cotton is issued; 61 firms were removed after verification. Exporters listed may seek re-verification within 15 days by submitting documents to the RC-issuing authority for review. Firms exceeding the +/-5% tolerance may remove their names by paying a penalty of Rs. 10,000 plus 1% of the value of the shortfall beyond the 5% allowance. The annexure lists each firm's allocation, IEC, quantities, nature of default, and percentage shortfall or excess.
06 - 10-08-2011 VAT - Delhi
Disposal of objections filed under Section 74 of DVAT Act, 2004.
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Objection disposal deadline: hearing authorities must conclude objection proceedings within prescribed time to prevent prolonged stay of tax demands.
Objections against notices of demand or assessment stay the demand under Section 35(2), and the objection hearing authority must dispose of objections within the statutory timeframe prescribed by Section 74(7) to prevent prolonged locking of demands; the circular directs departmental compliance and dissemination of this instruction.
Assignment of specified cases to commissioner of Service Tax, Delhi
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Case reassignment under service tax powers: specified show cause notices transferred to a Commissioner for adjudication.
Assignment of specified service tax cases to the Commissioner is effected under the statutory delegation conferred by the referenced notification, directing transfer of adjudicatory responsibility for identified show cause notices. Two matters are assigned concerning the Management Committee (joint venture including Jubilant Oil & Gas Pvt. Ltd. and Gail (India) Ltd.), originating from the Commissioner of Central Excise & Service Tax, Shillong, with each table entry identifying the show cause notice reference, date and amount involved.
Grant Exemption - From Service tax on NGOs managing the Centrally assisted Mid-Day Meal Scheme
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Service tax exemption for NGO-run outdoor catering under Mid-Day Meal Scheme removes prior tax liability for a specified period.
Grant of a service tax exemption for taxable outdoor catering services provided by NGOs registered under any Central or State Act under the Centrally assisted Mid Day Meal Scheme, removing liability to service tax leviable under the Finance Act for the specified retrospective period and forwarded for implementation pursuant to an Ad hoc Exemption Order.
Investment by Foreign Investors in Mutual Fund Schemes
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Qualified foreign investor access to mutual funds: permitted with KYC/AML compliance, designated accounts, ceilings and non transferable units.
SEBI allows Qualified Foreign Investors (QFIs) meeting FATF, PMLA and SEBI KYC/AML standards to invest in mutual fund equity and eligible debt schemes via two routes: direct demat holdings through qualified DPs and indirect holdings via Unit Confirmation Receipts (UCRs). Investments are subject to aggregate ceilings, daily reporting to SEBI, non transferability and non encumbrance of units/UCRs, designated overseas bank account remittances, DP and UCR issuer qualification and operational procedures, tax withholding on redemptions, and compliance with FEMA/RBI regulations.
Regarding reports of illegal imports of pesticides by some traders.
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Accurate goods declaration requirements for imported pesticides-misdeclaration may lead to customs penalties and permit verification.
Importers and Customs House Agents must provide full, correct particulars in the Bill of Entry-complete description, common and chemical names, grade and specifications-to enable proper classification, valuation, duty levy and application of import restrictions; failures may invite penalties. Customs officers must verify that pesticides and insecticides have required registrations and import permits, specifically checking certificates issued by the CIB & RC under applicable insecticide registration rules.
Investment in the units of Domestic Mutual funds.
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Qualified Foreign Investors may buy rupee equity mutual fund units via direct or indirect routes, subject to KYC and repatriation.
Qualified Foreign Investors meeting SEBI KYC norms may purchase rupee denominated units of equity schemes of SEBI registered domestic mutual funds on a repatriation basis via two routes: Direct Route through SEBI registered Depository Participants using a separate single rupee pool bank account, and Indirect Route via Unit Confirmation Receipts with limited foreign currency accounts for subscription and redemption. Investments are non tradable, subject to jurisdictional compliance standards, KYC by DPs and mutual funds, monitoring against a global investment ceiling, prescribed timelines for fund transfer and repatriation, and applicable FEMA provisions.
Central Act or State Act, under the Centrally assisted Mid-Day Meal Scheme, has been granted exemption from service tax
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Service tax exemption for NGOs supplying mid day meals relieves past liabilities for outdoor catering services during a specified prior period.
A retrospective exemption was issued for the taxable service of outdoor catering when provided by NGOs registered under any Central or State Act under the Centrally assisted Mid Day Meal Scheme, covering the period 10.09.2004 to 02.09.2010, thereby relieving those NGOs from service tax liabilities for that period and invoking executive powers on grounds of public interest and exceptional circumstances.
SMS and E-mail alerts to investors by stock exchanges
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Investor transaction alerts required: stock exchanges must send SMS/e-mail transaction details to investors upon verification.
Stock exchanges must send daily SMS and e-mail transaction details to investors in equity and derivative segments. Stock brokers shall upload client contact details on exchange platforms, excluding intermediary contacts and permitting shared contacts only for immediate family on written request. Exchanges shall verify contacts by SMS/e-mail or letters and, after investor confirmation, send transaction details generated using the investor's Permanent Account Number. Exchanges must notify brokers of discrepancies, may fund alerts from investor-service listing fees, implement infrastructure within four months, amend bylaws, audit implementation, publicize the facility, and report status to the regulator.
Regarding Notification no 64 dated 4th August 2011 for import of rough marble blocks for the year 2011-12.
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Manufacturing turnover eligibility limited to processed marble production; trading turnover excluded and import quota applicants must segregate accounts.
Only manufacturing turnover from processed marble slabs and tiles will be considered for grant of import quota; trading turnover is excluded. Units with both activities must segregate turnover and apply based solely on manufacturing turnover. Units that only have trading turnover but mistakenly applied must withdraw by emailing [email protected] with the subject "Withdrawal of application for import of marble"; failure may be treated as misdeclaration under the FTD&R Act, 1992.
Boards Circular No. 33/2011-Customs dated 29.07.2011 issued vide F. No. 450/180/2009-Cus.IV(Pt.) - Making E-payment of Customs duty mandatory
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E-payment of customs duty now mandatory for high-value transactions and accredited clients, via ICEGATE and designated banks.
E-payment of Customs duty is mandated for importers paying one lakh rupees or more per transaction and for Accredited Clients regardless of amount; payments must be made via the Customs E-Payment Gateway (CEG) on ICEGATE through designated authorised banks. Registered ICEGATE users log in to view unpaid challans; unregistered users may pay by entering the importer's IE Code. On successful bank payment a cyber receipt is issued and ICEGATE transmits payment particulars to ICES so the Bill of Entry moves to the examination queue. A VERIFY option and a 24-hour helpdesk are available for incomplete transactions.
Implementation of Self-Assessment in Customs
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Self-assessment of customs duty shifts assessment to importers/exporters while preserving customs' power to verify and re-assess.
Self-assessment requires importers/exporters to declare correct classification, value, duty rate and exemptions by electronically filing Bills of Entry or Shipping Bills, with customs empowered to verify selectively via the Risk Management System and to re-assess or provisionally assess (on security) where necessary; manual filing and provisional assessment are permitted only in genuine, exceptional cases, and on-site post-clearance audits may verify declarations at traders' premises.
59/2011 - 05-08-2011 Companies Law
Condonation of delays in filing documents - Company Law Settlement Scheme, 2011, granting immunity from prosecution and charging additional fee of 25 per cent of actual additional fee payable for filing belated documents.
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Condonation of delay in filing statutory documents enables filing with surcharge and grant of immunity from prosecution.
The Company Law Settlement Scheme, 2011 permits defaulting companies to file belated Balance Sheets and Annual Returns due up to 30 6 2011, pay statutory filing fees plus an additional surcharge on the standard additional fee under section 611(2), and, upon withdrawal of any appeals and filing of required electronic applications, obtain an immunity certificate from the designated Registrar who may withdraw pending prosecutions; the Scheme excludes specified forms and companies subject to action under subsection (5) of section 560 and allows immunity applications after closure within a six month window.
Online transmission of DES (Advance Authorization), EPCG and DEPB at Air Cargo Complex, Cochin location w.e.f. 08.08.2011 - reg.
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Online transmission of export authorizations now requires EDI filing and online customs communication for the specified port.
Addition of Air Cargo Complex, Cochin (LOCODE INCOK4) to ICES locations makes DEPB applications for shipping bills from this port mandatory in EDI mode, and requires that Regional Authority issuances of DES (Advance Authorization), EPCG and DEPB for this port be communicated to Customs on-line.
Inclusion of ICD Merripalem Guntur District, (AP) as a Port of Registration under Para 4.19 of HBP v.1.
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Port of Registration inclusion enables ICD Merripalem to access export promotion benefits under Handbook provisions.
Inclusion of ICD Merripalem as a Port of Registration under Para 4.19 of the Handbook of Procedures (Vol. I) amends the export procedure framework by adding the Inland Container Depot to the list of eligible registration ports, enabling exporters using ICD Merripalem to avail export promotion benefits under the Handbook.
Availability of DEPB benefit on export of Cotton.
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DEPB benefit reinstatement: cotton exports now eligible under Miscellaneous product group entry, restoring export entitlement.
The Director General of Foreign Trade amends the Schedule of DEPB Rates to include cotton under Sl. No. 22D of the Product Group 'Miscellaneous', making cotton exports eligible for DEPB benefit for exports made on or after 01.10.2010, thereby restoring the entitlement that had been previously withdrawn.
Restoration of DEPB benefit on export of ‘Cotton yarn including Melange Yarn’.
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DEPB benefit restored for cotton yarn exports; entitlement applies to shipments on or after the effective date.
The Director General of Foreign Trade has added 'Cotton yarn including Melange yarn' to the Schedule of DEPB Rates at DEPB entry Sl. No. 78 in the Product Group "Textiles", restoring DEPB benefit and making exports of that product eligible for DEPB credit for shipments on or after the effective date stated in the notice.
Quota of Skimmed and Whole Milk Powder under Tariff Rate Quota Scheme, amendment thereof.
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Tariff Rate Quota increase for skimmed and whole milk powder expands import entitlement under FTP with immediate effect.
The Directorate General of Foreign Trade amended the List under Para 2.59 of the Handbook of Procedures and the Foreign Trade Policy to increase the import quota for skimmed and whole milk powder classified under the tariff codes for milk powder; the change raises the permitted import quantity under the Tariff Rate Quota Scheme and is effective immediately.
Amendment of Section 3 of Customs Tariff Act, 1975 by Finance Act, 2011 with reference to Standards of Weight & Measures Act, 1976 -reg.
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Legal metrology requirement: importers and exporters must declare measurements in approved metric units on customs documents.
The amendment substitutes the Standards of Weights & Measures Act, 1976 with the Legal Metrology Act, 2009 effective 1 August 2011 and requires importers, exporters and Customs House Agents to declare measurements (weight, volume, length or area) in Bills of Entry and Shipping Bills only in units approved under the Legal Metrology Act, 2009; earlier public notices referring to the previous Act stand amended as applicable.

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