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14 - 22-08-2012 VAT - Delhi
Online submission of Tax Rate Wise Stock held on 31st day of March
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Stock reporting obligation: online filing of tax-rate-wise closing stock triggers reconciliation and may lead to assessment and penalty.
All registered dealers must file online, in Form Stock-1, tax-rate-wise details of stock held on 31st March; these filings will be used to scrutinise and reconcile values reported in VAT/CST returns and Annexures 2A and 2B. Non-submission by the designated date will be treated as nil closing stock and may lead to adjusted assessments and penalties under the Delhi VAT regime.
Dispute Resolution and Tax-Payer Services through Indirect Tax Ombudsman, Delhi
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Indirect Tax Ombudsman provides conciliation and binding awards for grievances against indirect tax authorities and summary proceedings.
The Indirect Tax Ombudsman resolves grievances against Customs, Central Excise and Service Tax authorities after exhaustion of departmental remedies. Complaints must be in writing or electronically followed by a signed printout and may allege delay in refunds, adjudication, registration, non-adherence to disbursement rules, discourteous conduct, non-acknowledgement of communications or breaches of administrative instructions. Proceedings are summary and not bound by strict rules of evidence. The Ombudsman may effect conciliation or pass a binding award, will protect taxpayer rights and maintain confidentiality except as required for fair proceedings.
Overseas Direct Investments – Rationalisation of Form ODI
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Annual Performance Report compliance required for overseas investments-declaration by investor and auditors' certification now mandated.
Form ODI Part I is amended to require the Indian party to declare and the statutory auditors to certify that, where applicable, the Annual Performance Report for all existing JV/WOS abroad has been submitted, as a condition for undertaking overseas direct investment under the Automatic Route; this complements existing auditor certifications on investment eligibility, funding limits, valuation norms, ECB/FCCB applicability and regulatory approvals for financial services investments.
Dispute Resolution and Tax-Payer Services through Indirect Tax Ombudsman, Delhi.
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Indirect Tax Ombudsman complaints: Enables conciliation or binding awards to resolve grievances against indirect tax administration.
The Indirect Tax Ombudsman, Delhi is empowered to receive complaints after prior departmental representation, where no reply is received within one month or the complainant is dissatisfied. Complaints must be written or electronically filed with signature, stating facts and relief sought. The Ombudsman may facilitate conciliation or mediation or issue a speaking award binding on parties subject to conditions; proceedings are summary, not bound by formal evidence rules, and confidentiality is maintained except as required for natural justice.
Dispute Resolution and Tax-Payer Services through Indirect Tax Ombudsman, Delhi.
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Indirect Tax Ombudsman complaint mechanism allows conciliation or binding awards to resolve grievances against customs and indirect tax officials.
The Indirect Tax Ombudsman resolves grievances against Customs, Central Excise and Service Tax authorities by facilitating conciliation or issuing a binding speaking award. Complainants must first approach the department's grievance cell or a superior officer and may file with the Ombudsman when no response is received within one month, a complaint is rejected, or the reply is unsatisfactory. Grounds include delays in refunds and adjudication, failure to implement appellate orders, release of seized assets, non-adherence to refund/disbursement rules, rude official conduct, non-acknowledgement of documents, and breach of administrative instructions. Proceedings are summary and confidentiality is maintained.
Constitution of a Committee for redressal of the demands/issues raised by ITGOA and ITEF
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Interim committee constituted to address employee grievances, examine association demands and recommend prompt administrative action.
An interim Committee of two CBDT Members, supported by Ad. IX section, is constituted to examine present and pending demands/issues raised by ITGOA and ITEF, suggest courses of action on those demands, and propose establishment of a permanent grievance redressal mechanism for income tax department employees; the Committee must submit recommendations to the Chairman within a short specified period.
13 - 16-08-2012 VAT - Delhi
Waiving off the mandatory requirement of 'No Objection Certificate' from landlord for registration under the DVAT Act, 2004.
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No Objection Certificate waiver allows DVAT registration on submission of rent agreement and utility bills instead of landlord NOC.
Dealers running business from rented premises need not submit a landlord's No Objection Certificate for DVAT registration if they provide alternative documentary proof of legal possession such as rent receipts, a rent agreement and utility (water/electricity) bills.
Guidelines for Assessment and Examination of goods on weighment basis under the provisions of the Customs Act, 1962
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Weighment discrepancy rule: declared weight may be accepted when deviation is below threshold, streamlining customs assessment.
A representation noted conflict between Public Notice No.17/2010 and the Customs Appraising Manual regarding minor weighment discrepancies. The Appraising Manual permits acceptance of declared weight where average discrepancy is not more than one percent or where duty on excess weight is nominal; accordingly para 3(i) of Public Notice No.17/2010 is amended to allow acceptance of declared weight for such de minimis deviations.
M/s. Apeejay Infralogistics Pvt. Ltd. appointed as Custodian of FCL/LCL Containers — Conditions
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Custodian appointment under Section 45 imposes bond, insurance, handling, security and compliance obligations for CFS operations.
M/s. Apeejay Infralogistics Pvt. Ltd. is appointed custodian under Section 45 of the Customs Act for containers and related cargo at the specified Container Freight Station declared as a "Customs Area", subject to execution of a bond and bank guarantee, compliance with handling, insurance, recordkeeping, security, EDI and transit-time obligations, liability for loss or pilferage (including duty and charges), cost-recovery for Customs officers, prohibition on charging demurrage for Customs-detained goods, restrictions on subletting without prior approval, and periodic review and termination rights reserved to the Commissioner.
Redressal of investor grievances against listed companies in SEBI Complaints Redress System (SCORES)
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Investor grievance redressal requires listed companies to register on SCORES and resolve complaints within prescribed timelines.
Listed companies must obtain SCORES authentication and, on receipt of a complaint through SCORES, take appropriate steps within seven days and resolve the complaint within thirty days while keeping the complainant informed; stock exchanges must notify and disseminate the circular and non compliance may attract regulatory enforcement.
Aadhaar Letter as Proof of Address for Know Your Client (KYC) norms
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Aadhaar as Proof of Address expands KYC document acceptance and mandates intermediaries update address verification procedures.
Aadhaar Letter issued by the Unique Identification Authority of India shall be admissible as Proof of Address in addition to its recognition as Proof of Identity for KYC compliance by SEBI-registered intermediaries and market participants; the circular further makes limited clerical corrections to effective dates in prior KYC circulars and is issued under SEBI's regulatory powers to protect investors and regulate the securities market.
Business Responsibility Reports
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Business Responsibility Reporting mandated for top listed companies; BR Reports must be included in annual reports and follow NVG framework.
SEBI requires listed entities to include Business Responsibility Reports in their Annual Reports pursuant to an amendment to the Listing Agreement. The mandated BR Report follows a prescribed framework based on the National Voluntary Guidelines, covering company and financial details, governance for BR, principle wise policies and performance disclosures across ethics, product responsibility, employee welfare, stakeholder engagement, human rights, environment, advocacy, inclusive growth and consumer issues. Applicability targets the top listed entities as identified by exchanges, with voluntary provisions and mapping permitted for existing international sustainability reports.
Manner of Dealing with Audit Reports filed by Listed companies
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Audit qualification monitoring requires prescribed covering forms and a regulator-led review process with possible restatement directions.
Listed companies must file Form A (unqualified/matter of emphasis) or Form B (qualified/subject to/except for) signed by CEO/MD, CFO, Auditor and Audit Committee Chair, drawing attention to notes, management responses and board/audit committee comments; stock exchanges shall preliminarily scrutinise Form B for materiality (impact on profit and loss, financial position and corporate governance), consult another exchange for criteria and coordination, and refer cases needing further examination to SEBI for review under the Qualified Audit Review Committee and possible further referral to ICAI-FRRB, with potential directions to restate accounts.
Exim Bank's Line of Credit of USD 40.32 million to the Government of the Republic of Chad.
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Line of Credit enables export financing subject to substantial India sourced supply and prescribed disbursement and reporting rules.
Exim Bank's Line of Credit to Chad finances eligible goods, services, machinery, equipment and consultancy from India under India's Foreign Trade Policy. Contracts must source a substantial portion of supplies from India while allowing limited external procurement for non consultancy goods. The Credit Agreement is effective from July 26, 2012 with specified deadlines for opening Letters of Credit and disbursements for project and supply contracts. Shipments must be declared on GR/SDF forms. No agency commission is payable under the LOC; exporters may use own funds or EEFC balances for commission subject to realisation and AD Category I bank procedures. Directions issued under FEMA sections 10(4) and 11(1).
25/2012 - 09-08-2012 Companies Law
Clarification on Para 46A of Notification Number G.S.R. 914(E) dated 29.12.2011 on Accounting Standard 11 relating to “The effects of changes in Foreign Exchange Rates”.
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Accounting Standard exemption: companies applying clause 46A exempt from specified AS 11 and AS 16 provisions in corporate reporting
Where a company elects to apply clause 46A of Accounting Standard 11 on the effects of changes in foreign exchange rates, paragraph 6 of Accounting Standard 11 and paragraph 4(e) of Accounting Standard 16 shall not apply to that company, as a clarification issued to address implementation difficulties and guide stakeholders on applicability of these accounting provisions.
Procedure for granting factory stuffing permission (FSP) –reg
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Factory stuffing permission: exporters require Central Excise verification and Technical commissionerate issuance for supervised stuffing.
Exporters apply in duplicate on Annexure A to the jurisdictional Assistant/Deputy Commissioner of Central Excise Division with certified identity, registration and status documents; Central Excise forwards a signed feasibility/verification report in Annexure B within seven working days to the Assistant/Deputy Commissioner (Technical), Customs (Preventive), who, if satisfied, issues the FSP in Annexure C within seven working days, assigns a unique serial number, circulates it to the recommending Excise division and nominated customs stations, and requires Central Excise supervision of examination and filing of Annexure E reports; FSPs are non transferable, limited to specified premises, excluded for free shipping bills under self sealing, and subject to monitoring and cancellation for misuse.
24 - 09-08-2012 Companies Law
Applicability of Service Tax on commission payable to Non-Whole Time Directors of a company under section309(4) of the companies act,1956.
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Service tax on non-whole time directors' commission exempted from triggering central approval for remuneration limits in 2012-13.
Service tax on commission or sitting fees payable to Non-Whole Time Directors, when borne by the company, is treated as part of the directors' remuneration and may cause aggregated remuneration to exceed the Companies Act limits; an administrative clarification states that increases solely attributable to payment of such service tax by the company shall not require prior Central Government approval under the Act's remuneration limit provisions for the relevant financial year.
Amendment of Standard Input – Output Norms (SION) at S. No. H -97.
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Amendment of Standard Input Output Norms expands permitted import inputs for flexible intermediate bulk container exports under trade policy.
Amendment of Standard Input Output Norms updates permitted import inputs for Flexible Intermediate Bulk Containers, retaining Polypropylene Granules and revising UV stabilizer options to allow either a masterbatch or separate UV stabilizer with PP granules. It adds LLDPE/LDPE granules, PP granules for lamination/coating, PE liner, PP yarn/thread, filler cord/rope, narrow weaving fabric for tape, and packing materials (per packing policy) to SION H 97 under the Handbook of Procedures.
Authorisation of Food Testing Laboratory in North-East Region under FSS Act, 2006 - regarding.
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Food testing laboratory authorization under FSS Act permits analysis of imported food samples for designated regional jurisdiction.
The State Public Health Food Testing Laboratory, Imphal, Manipur, has been notified by the competent authority to carry out analysis of imported food samples by food analysts under the Food Safety and Standards Act, 2006, thereby authorising the laboratory to perform official analytical functions for imported consignments.
TR-6 Challan - State Bank of India authorized for physical collection of Customs revenue
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Customs revenue collection: designated bank branch authorized for TR-6 payments, with EDI and e-payment integration planned.
A State Bank of India branch is authorized to collect physical TR-6 Challans for Customs revenue at the Nhava-Sheva location, with a planned migration to EDI Challans integrated with ICES and e-payment via ICEGATE when connectivity is available. The branch will operate on specified weekday and Saturday hours, exclude Sundays and bank holidays, and must transmit daily scrolls and challans via the existing Focal Point Branch to the Pay & Accounts Office, Customs, Nhava-Sheva. This service is an additional option to existing payment facilities.

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