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Circulars
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Re-import of perishable edible / food products for export again.
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Shelf life condition exemption for re imported perishable food allows relabelling and re export subject to specified safeguards.
The DGFT states that the shelf life 60% condition in Para 13 of Chapter 1A of ITC(HS) does not apply to re imports of perishable edible/food products under the Foreign Trade Policy re import provision when the goods are re imported for export purposes, provided they meet phytosanitary requirements, the importer undertakes they will not be sold domestically, and the importer submits a certificate to Customs confirming re export.
Stock Broker's Services - Levy of Service Tax - Delayed payment charges would not be includible in 'gross value charged' only if these charges are shown separately in the account statement/invoice/bill etc.
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Delayed payment charges excluded from taxable value when separately billed; otherwise service tax applies to gross amount charged.
Delayed payment charges imposed for late payments are penal in nature and do not form part of the consideration for taxable services, and thus are not includible in taxable value. However, service tax is chargeable on the gross amount charged, so if invoices or account statements do not show delayed payment charges separately, the tax must be applied to the entire gross amount; these charges are excluded from taxable value only when separately indicated in billing documentation.
Prohibition on Carrying rice in baggage by air passengers travelling to USA - Regarding.
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Prohibition on carrying rice in passenger baggage to the USA bans non commercial rice consignments and mail.
Phytosanitary regulations prohibit non-commercial rice consignments from pest affected countries and bar rice carried in passenger baggage or sent by mail to the United States; air passengers must not carry rice and Commissioners of Customs are to issue public notices and advisories to staff, trade and passengers to ensure compliance.
Revised procedure for seeking prior approval for change in control through single window
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Prior approval for change in control required for regulated intermediaries; single window SEBI application streamlines multi registration approval process.
Prior approval from SEBI is required for change in control of specified intermediaries (excluding Sub-brokers) and, where an applicant holds multiple registrations, a single application must be made to MIRSD SEBI with disclosures about the applicant and acquirer, regulatory history, investor complaints, litigation, fees paid, commitment to honour past liabilities, and board incumbency; registered stock brokers and depository participants must also obtain approvals/NOCs from relevant stock exchanges and depositories and forward self attested copies to SEBI.
Processing of Investor Complaints in SEBI Complaints Redress System (SCORES)
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Investor complaints processing must occur through a centralized electronic SCORES system, requiring online ATR submission and officer registration.
SEBI mandates exclusive electronic processing of complaints through the centralized SCORES system, which provides a central complaints database, online routing to intermediaries, online upload of Action Taken Reports with supporting documents, and investor access to complaint status; physical ATRs for SCORES complaints will not be accepted or permit status updates. Intermediaries must register a Compliance Officer (name and email) to receive SCORES credentials and will receive daily alerts on pending complaints.
Exim Bank's Line of Credit of USD 4 million to the Government of the Co-operative Republic of Guyana.
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Line of Credit establishes export financing with Indian content and LC/disbursement timelines under foreign exchange rules.
Exim Bank extended a Line of Credit to Guyana to finance eligible Indian exports for fixed and mobile irrigation pumps, requiring at least 85% of contract value to be supplied from India and permitting up to 15% of non consultancy goods/services to be sourced abroad. The Credit Agreement is effective from July 19, 2011 and sets LC and disbursement windows (48 months from project completion for projects; 72 months from execution for supplies). Shipments must be declared on GR/SDF forms; no agency commission is payable under the LOC though exporters may remit commission from own funds or EEFC balances after realization.
ORDER NO. 131 OF 2011
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Administrative appointment assigns additional charge to DGIT for CCIT functions until further orders in departmental administration.
Shri K. Madhavan Nair is appointed as a Member of the Central Board of Direct Taxes and, consequently, Shri B.T. Luckose, DGIT(Inv.), Kochi, is directed to hold the additional charge of the Chief Commissioner of Income Tax, Kochi, with immediate effect and until further orders to secure continuity of departmental functions.
Indicative portfolio or yield in close ended debt oriented mutual fund schemes
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Close-ended debt mutual funds may disclose credit policy, excluded sectors, instruments, and allocation bands; final portfolio must match publicized allocation.
SEBI permits specified additional disclosures for close-ended debt oriented schemes: disclose credit evaluation policy, sectors excluded, instrument types (e.g., CPs, CDs, Treasury bills), and allocation floors and ceilings within a 5% range of intended allocation by sub-asset class/credit rating. After NFO closure the AMC must report the publicized allocation and the final portfolio to the AMC and Trustees; variations between the indicative allocation and the final portfolio are not permissible.
Classification of Chloroparaffins /Chlorinated Paraffins -reg.
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Classification of chlorinated paraffins: liquid forms under chemical tariff heading; wax forms under manufactured waxes tariff heading.
Liquid chlorinated paraffins are classifiable under the chemical/tariff heading for chlorinated organic chemical preparations in accordance with HSN Explanatory Note (B)(9). Solid chlorinated paraffin waxes are classifiable as artificial/manufactured waxes under the tariff heading for waxes following the deletion of a prior specific subheading, and trade and field formations should apply these classifications.
Daily list of Imports/Exports pertaining to Bangalore Customs Commissionerate for 2011-12-Reg.
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Subscription access to customs daily import export lists extended; demand draft payment only, data delivered by email or post.
Extension of subscription access to the Daily List of Imports and Exports for Bangalore Customs for 2011-12 on monthly, half yearly or annual terms; payment must be made by Demand Draft/Pay Order in favour of the Commissioner of Customs and sent to the Deputy Commissioner (Preventive). Subscriptions are non refundable, subscribers must state intended use of data, and outstation delivery is by e mail or registered/speed post. The notice enumerates import and export data fields to be supplied and notes such fields may change with ICES Version 1.5 updates.
58/2011 - 01-08-2011 Companies Law
Corrigendum to General Circular No. 54/2011. - Pro-active action in case of winding up petitions. - Information to be verified by CA or CS or ICWA
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Verification requirement: company management must submit information certified by chartered accountants, company secretaries or cost accountants.
The corrigendum amends paragraph (c) of General Circular No. 54/2011 to require that the Official Liquidator file an application asking the Court to direct company management to submit specified information duly verified by a Chartered Accountant, a Company Secretary, or a Cost Accountant in practice; all other clauses of the Circular remain unaltered.
Fixing of Additional OTL by Indian Customs for movement of Nepal traffic-in-transit from Kolkata/Haldia ports-reg.
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One Time Seal requirement for Nepal transit goods mandates serial endorsement and mandatory customs verification in transit declarations.
An additional One Time Seal (OTL) must be affixed by Indian Customs on Nepal-bound transit goods via Kolkata/Haldia, with the OTL serial number endorsed in the Customs Transit Declaration (CTD). Land Customs Station officers are required to verify the physical OTL and match its serial number against the CTD; such checking by Customs officials is mandatory and subject to strict compliance.
Master Circular on Prosecution of Directors – Regarding.
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Officer in default protections clarified: ROCs must verify board process and documentation before prosecuting directors.
Prosecution must target persons who are officers in default after verifying resignation filings, annual returns, board minutes and any formal board delegation; nominee, independent and government nominated directors shall not be held liable for contraventions occurring without their knowledge via the board process, or without their consent or connivance, or where they have acted diligently. ROCs must identify managing directors, company secretaries or specifically charged employees as primary officers in default for account related defaults, seek Central Government authorization before prosecuting government companies, and refer doubtful cases to the Regional Director.
Regarding making E-payment of Customs duty mandatory.
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Mandatory e-payment for higher-value customs transactions and accredited importers; ICEGATE online payment enables immediate clearance.
The Board mandates e-payment of Customs duty for importers above a specified per-transaction threshold and for Accredited Clients, to be notified separately. Payment is made via the Customs E-Payment Gateway at ICEGATE through authorised banks: users select unpaid challans, choose a designated bank, complete bank login and payment, obtain a cyber receipt, return to ICEGATE to finalise the transaction, and use the VERIFY option for incomplete transactions; ICEGATE then relays payment details to ICES enabling the bill of entry to move to examination without physical proof of payment.
Stay on operation of Trade Notice No. 13 dated 27.07.2011 for export of non-Basmati rice.
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Stay on export allocation of non-Basmati rice halts implementation of prior allotments pending court decision.
A court-ordered interim stay directed that no allotments be made until the next hearing; although DGFT had completed allocation under Trade Notice No.13 before receipt of that order, DGFT has stayed operation and implementation of those allocations pending the outcome of the writ petition and has sought further directions while deferring execution.
57/2011 - 28-07-2011 Companies Law
Filing of Balance Sheet and Profit and Loss Account in eXtensible Business Reporting Language(XBRL) mode.
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XBRL filing: Phase I companies allowed extended fee waiver and must have XBRL statements certified by authorized signatory and professionals.
Permits filing of Balance Sheet and Profit and Loss Account in XBRL format with an extended fee waiver for Phase I companies (excluding exempted classes) until the prescribed extended deadline or within an extended grace period tied to the due date. XBRL financial statements submitted via e forms must be verified and certified by the company's authorized signatory and may also be certified by a Chartered Accountant, Company Secretary, or Cost Accountant in whole time practice.
56 /2011 - 28-07-2011 Companies Law
Blocking of DIN consequent to non-filing of Statement of Affairs (SOA).
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Blocking of DIN for non filing of Statement of Affairs follows after issuance of notice and reporting by official liquidators.
Failure to file the Statement of Affairs delays liquidation; Official Liquidators must monthly report directors who have not furnished the SOA to the Ministry and relevant offices, and upon approval the MCA 21 cell will block the Director Identification Number of such directors after notice.
Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010
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Courier electronic declaration compliance: IEC mandatory for low value dutiable imports retained, procedural and exam eligibility relaxations granted.
IEC Branch Code fields in Forms D/CBE XIII and E/CBE XIV and the AD Code field in Form E/CBE XIV shall be treated as non mandatory, while mandatory IEC declaration for low value dutiable consignments in Form D/CBE XIII continues. Transition for qualification under CHALR regulation 8 is extended to 31.12.2011; employees of authorised couriers are permitted as a one time measure to sit the CHALR regulation 19 examination until 31.12.2011 but may not work for CHAs. Consignee authorisation for certain low value consignments may be obtained at delivery and retained for one year or until inspection.
Food Products prepared and served at Hotels/Restaurants or retail outlets - Regarding.
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Excise duty on prepared food not intended for hotel, restaurant or takeaway items; exemptions issued to clarify intent.
The Government clarified it did not intend excise duty to apply to foods prepared and served in hotels, restaurants or retail outlets, including takeaways. Accordingly, a notification exempting such food preparations and an explanatory insertion into the levy notification were issued to confirm the exemption from the commencement of the levy, and Commissioners were directed to apply this position to pending disputes.
Allocation of Government debt long term limits to FIIs
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Allocation limits for FII government-debt investments capped per entity; bidding and FCFS processes with fees and non-utilisation charge.
Unutilized Government debt long-term limits will be allocated to FIIs via a bidding process and an FCFS process. The bidding process on the BSE imposes a per-entity cap of INR 600 crore, a minimum bid of INR 100 crore, and a minimum tick size of INR 50 crore, with custodians remitting fees by a set date. Remaining limits are allocated FCFS via a dedicated email window subject to a per-request cap and a non-utilisation charge equal to the average successful bid premium; custodians must remit that charge within three working days after the utilization period.

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