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Circulars
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Fixation of Free Sales Quota of Sugar to US
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Free Sale Quota allocation for sugar to the United States under Tariff Rate Quota continues under existing preferential export procedures.
Allocation of part of the 2007-2008 Free Sale Quota of raw sugar for export under the Tariff Rate Quota to the United States is made, designating M/s. Indian Sugar Exim Corporation Limited as the agency for preferential quota exports; existing procedures, including issuance of the GSP certificate and other prescribed certifications for sugar exports to the United States, shall continue to be followed.
Work allocation (CORRIGENDUM)
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Appeals and Revisions: Work reallocated to Joint Commissioner for specified pecuniary range VAT matters and enforcement oversight.
Shri M.S. Poonam, Joint Commissioner (JC III), is assigned responsibility for appeals and revisions within specified pecuniary thresholds for Zones VI and VII and for enforcement under the DST and CST Acts; he is also charged with handling objections to assessment, reassessment and penalty orders within the prescribed monetary band for matters pertaining to Zones III, VII and VIII. The corrigendum substitutes this allocation for the officer while the rest of the earlier order remains unchanged.
Eligibility of supplies to EOUs for deemed export benefits
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Deemed exports: DTA supplies to EOUs qualify for deemed export benefits where goods are permitted under HBP v.I.
Supplies from the Domestic Tariff Area to EOUs, EHTPs, STPs and BTPs are deemed exports, making the DTA supplier eligible for deemed export benefits; EOUs may claim benefits via a supplier disclaimer. Deemed export benefits under Chapter 8 of the FTP are limited to goods permitted for EOUs under para 6.6.1 of HBP v.I.
Designated e-mail ID for regulatory communication with SEBI
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Designated email ID requirement: merchant bankers must create exclusive regulatory email accounts and submit details to SEBI.
Merchant bankers must create an exclusive, non-personal designated e-mail ID for regulatory communication and communicate it to SEBI at [email protected] using the prescribed Excel format. The Excel file must specify the intermediary type and name in the file name and e-mail subject and contain: Name, Address, Category, RegistrationNo, Designated e-mail id, and Name of compliance officer.
Designated e-mail ID for regulatory communication with SEBI
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Designated email ID for regulatory communication: exchanges and depositories must create exclusive IDs and notify SEBI.
Stock Exchanges and Depositories must create an exclusive, non-personal designated e-mail ID for regulatory communications and communicate it to SEBI at [email protected] using Annexure A. Annexure A requires an Excel file named to indicate intermediary type and name and to contain the intermediary's name, address, designated e-mail id and the name of the compliance officer; the file shall be e-mailed to [email protected].
Outsourcing / Sub-letting / Transfer of Operations by CFS/ICD - Clarification - reg.
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Custodianship responsibility: commissioners may permit outsourcing of select CFS/ICD services while custodians remain liable.
Jurisdictional Commissioners of Customs are empowered to approve or reject outsourcing or subletting of CFS/ICD functions and to de-notify or remove custodians for non-compliance; transfer of custodianship by lease, sale, gift or part/full transfer is not permissible, while ancillary services that do not affect primary custodial responsibility or chain of custody may be outsourced only with prior Commissioner approval, subject to safeguards and enforcement including penalties against erring custodians.
Abridged Schemewise Annual Report Format and periodic disclosures to the unitholders
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Abridged annual report format standardisation mandates uniform disclosure and electronic mailing with printed copies on nominal fees available.
Mandate prescribing a uniform Abridged Schemewise Annual Report format and requiring abridged reports to be deliverable electronically with full Schemewise Annual Reports displayed on the mutual fund website, while printed copies remain available to unitholders for a nominal fee. The circular also updates periodic disclosures by adding a separate category for securitized debt instruments in half yearly portfolio disclosures and requires unaudited half yearly financials to be displayed on websites in the Regulations' prescribed format.
Changes/amendments in the EOU/EHTP/STP and Gems and Jewellery Export Promotion Schemes-reg.
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Net Foreign Exchange obligation: units must meet NFE using allowable depreciation before DTA clearances or scheme exits.
The circular tightens and clarifies EOU/EHTP/STP/BTP and Gems & Jewellery scheme rules by emphasising that units must achieve positive Net Foreign Exchange (NFE) over the five year block, with NFE computed using allowable depreciation for capital goods; clearance/debonding, exit to EPCG or Advance Authorization, and sale/leaseback are permitted only after positive NFE on depreciated values or otherwise trigger proportionate duty recovery. It standardises input accounting under SION with temporary self declared norms pending fixation, allows monthly duty payment on DTA clearances with ER 2 scrutiny, makes anti dumping duty payable on portions cleared to DTA, and introduces multiple procedural, sectoral and facilitative amendments for gems and jewellery exports.
Annual Systems Audit
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Annual systems audit requirement mandates exchanges to commission independent comprehensive audits and submit reports to the regulator.
Annual Systems Audit requires all stock exchanges to engage an independent reputed auditor annually to conduct a comprehensive audit covering Trading Systems, Clearing and Settlement Systems, Risk Management, Databases, Disaster Recovery Sites, Business Continuity Planning, Security, Capacity Management and Information Security, with the Systems Audit Report and Compliance Status to be placed before the Governing Board and communicated, with findings and comments, to the regulator.
Amendments in various Appendixes
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Net Foreign Exchange obligation tied to block period measurement; failure triggers staged notices and eventual penal action.
Calculation of Net Foreign Exchange shall be cumulative over the block period as per para 6.5 of FTP, replacing prior five year references; units must achieve positive NFE for the block period. Failure triggers staged administrative steps: a cautionary letter after one year, a show cause notice at the end of the third or subsequent year, and initiation of penal action by the Development Commissioner after completion of the block period under the FT(D&R) Act, 1992, with final decision aimed within six months and in any event within one year.
Submission of Monthly Reports
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Monthly reporting obligations: custodians must file revised annexed reports as Excel to SEBI email by the monthly deadline.
Custodians must submit monthly periodical information to SEBI in a revised standardized format using Annexures A-E as an Excel file named per the prescribed convention (report[custodian acronym][month][year].xls) and electronically file it to the specified SEBI email address by the monthly deadline; the circular and annexures are available on SEBI's website.
NEW RETURN FORMS FOR THE ASSESSMENT YEAR 2008-09 - AND MATTERS CONNECTED THERETO
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Annexure-less returns: electronic filings must be submitted without annexures; TDS/TCS credit allowed on return schedules.
Returns for assessment year 2008-09 are annexure-less; receiving officials must detach and return any annexures. TDS/TCS credit and credits for advance and self-assessment tax shall be allowed on the basis of details in the return schedules and shall not be disallowed solely because supporting certificates or challan counterfoils were not filed with the return or ITR-V. Taxpayers should retain originals and produce them when required. ITR-V verification forms must be given a receipt number and kept in safe custody.
Amendments/ additions/deletions/corrections in Sion
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Standard Input Output Norms updated to revise and add input quantities for quinine and related pharmaceutical export products.
The Director General of Foreign Trade, under Paragraph 2.4 of the Foreign Trade Policy and Paragraph 1.1 of the Handbook of Procedures, issues a public notice revising and adding entries to the Standard Input Output Norms (SION) in the Handbook of Procedures (Vol.2). The amendments, set out in Annexure A, list specified export products (notably quinine salts and a pharmaceutical salt), state unit export quantities, and prescribe corresponding import items with revised input quantities per unit of export, including both revisions of existing SIONs and a new SION insertion.
Requirement of endorsement of specific ITC(HS) Code - SION under - Advance Authorization, DFRC, DFIA
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ITC(HS) code endorsement: Customs may determine correct code at clearance while RAs can allow post issuance corrections.
Regional Authorities will endorse the ITC(HS) Code against each input on Advance Authorization, DFIA and DFRC scrips and exporters are responsible for declaring the correct code. Corrections after issuance can be examined and allowed by the Regional Authority on representation. Customs, during examination, may determine the correct ITC(HS) Code and either clear goods after assessment or require the importer to get the endorsed code corrected by the concerned Regional Authority.
Amendments in Handbook of Procedures, Vol. I (RE2007) & (RE2008) - Apppendix 37A
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VKGUY product code expansion: frozen fish exports qualify for export benefits from specified effective date with extended filing deadline.
A new VKGUY Product Code 10.38 is added to Appendix 37A to include specified frozen fish products under designated ITC HS codes, making exports of those items eligible for benefits from 1.4.2007. The deadline to file applications for these items is extended to 30.1.2009 or to the later period permitted under the Handbook of Procedures.
Amendments in the Handbook of Procedures, Vol. 1(RE-2008)
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Export obligation timelines for spice imports: shorter period for value addition of pepper, cardamom and chillies, longer period for other spices.
Amendment imposes time bound export obligations on spice imports used for value addition. For spices imported for crushing, grinding, sterilization or for manufacture of pepper, cardamom and chillies oils and oleoresins (excluding simple cleaning, grading or repacking), the export obligation must be fulfilled within a shorter period from the date of importation of the first consignment. For other spices imported for manufacture of spice oils and oleoresins, the export obligation must be met within a longer period from importation.
Payments received in Indian Rupees by Tourist Transport Operator - EPCG Scheme
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Acceptance of domestic currency payments for EPCG export obligation: specified domestic receipts may count to discharge export obligations.
Payments received in Indian rupees by a Tourist Transport Operator may discharge EPCG export obligation where they are: (a) payments from foreigners in rupees with encashment certificates; (b) rupee receipts from travel agents/tour operators earned for services used by foreign tourists (treated as foreign exchange for the service provider), which travel agents/tour operators may not count for their own EPCG EO; (c) rupee payments from foreign airlines against repatriable earnings; and (d) rupee receipts from diplomats, embassies or UN organisations out of convertible foreign exchange.
Laptop computers — Declaration of details on import
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Declaration of laptop details required; misdeclaration affects valuation and triggers confiscation and penal action.
Importers, exporters and CHAs must declare full laptop particulars - branded/unbranded, model, type and specifications - in the designated fields on the Bill of Entry. Failure to supply these details will be treated as misdeclaration affecting valuation, rendering goods liable for confiscation and exposing importers to penal action under the Customs Act.
Revised Examination Procedure of Motor Vehicles at JNCH
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Revised vehicle examination procedure: manufacturer-importers eligible for limited sample container inspections upon prescribed documentation and type-approval submission.
Manufacturer-importers of new motor vehicles must declare vehicle-specific details on the Bill of Entry or Packing List and submit self-attested, notarized Type Approval Certificates with English translations where applicable; subject to these documentary conditions, physical inspection will be limited to a randomly selected sample of containers representing the consignment (minimum one container) instead of 100% examination. The change is effective immediately and trade may report implementation difficulties.
Documents/verification required to establish eligibility and entitlement of units for import of rough marble blocks/slabs under P. Cir. No.13/2008, DT. 30/06/2008
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Eligibility documentation for import entitlement clarified; units must submit certifications and turnover evidence covering equipment and tax returns.
Applicants for import entitlement must submit a State Industry Department certificate confirming gang saw establishment and number of gang saws; an SSI/SIA registration certificate certified by State Industry Department evidencing prior operation; a CA-certified list of pre-cutting equipment as per the balance sheet; the income tax return for the reference year certified by a CA showing marble processing; and a CA certificate of indigenous sales turnover supported by certified income tax and VAT/Sales Tax returns. Turnover is net of returns and excludes group concerns; incomplete applications will be rejected.

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