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Circulars
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Return of Original Duplicate copy of Bill of Entry (Importer’s copy) and corresponding TR-6 Challan to the importer on sanctioning of 4% SAD refund claim-reg.
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SAD refund documentation procedure: originals verified and endorsed, photocopies retained for processing and audit purposes.
Refund procedure for SAD refund claims requires production of the importer's duplicate Bill of Entry and corresponding TR 6 Challan; originals are verified, endorsed with a dated stamp and processing officer's signature, then returned to the importer while the endorsed photocopies are retained for processing, audit and review. For postal claims, originals accompany photocopies and are returned by post after endorsement, with photocopies kept on file.
Amendment in General Note for Fuel for the Product Group at Sl. No. 23.
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Product description harmonisation aligns fuel General Note Sl. 23 with amended SION C-593, updating Carbon Steel to Non Alloy/Alloy Steel.
Amendment aligns the fuel General Note Sl. No. 23 in Handbook of Procedures Vol. II with the amended SION C-593 by replacing the earlier description with "Non Alloy/Alloy Steel Submerged Arc Welded Pipes Coated/ Uncoated," thereby harmonising the General Note for fuel with SION C-593's updated product description.
Stock Transfer by an EOU to DTA, whether Additional Duty of Custom leviable under Sub-section (5) of Section 3 of the Customs Tariff Act, 1975 is applicable – Regarding.
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Additional Duty of Customs: leviable on EOU stock transfers to DTA when goods are exempt from sales tax or VAT.
Where an EOU effects stock transfer into the Domestic Tariff Area and the goods cleared into DTA are exempt from Sales Tax or VAT, such transfers are treated as DTA clearances and the Additional Duty of Customs under Sub section (5) of Section 3 of the Customs Tariff Act is leviable and must be included in the aggregate of customs duties at the prescribed rate.
Draft Circular on leviability of service tax on staff benefits and employment related transactions- reg .
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Service tax on employer-provided staff benefits: benefits given for consideration are taxable; free universal facilities are excluded.
Manpower supply arises where a provider makes its employed individuals available to a recipient while the contractual employment remains with the provider; secondment from parent to affiliate is covered. Joint employment is recognised only where employment is genuinely shared; making staff available for consideration is manpower supply. Employer-provided benefits are taxable when given for consideration (including salary deductions or foregone salary), with Cenvat credit admissible; universally free employee facilities remain outside tax. Reimbursements by employees in the course of employment are non-taxable, and ex-employee supplies follow the same treatment as current employees where related to the original employment.
System for Making Application to Public issue of Debt Securities
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Online applications for public issue of debt securities require demat-based validation, escrow routing and registrar-led reconciliation of allotment.
Issuers must offer online stock-exchange subscriptions with integrated payment gateways or alternative ASBA and collecting-bank routes; online applications are limited to dematerialised investors, require DP/BO and PAN validation for KYC, generate unique acknowledgements, route all collections to a single escrow account, and enable cancellation prior to allotment. Registrars reconcile exchange application data with payments, treat unpaid applications as invalid, allot on date-time priority, credit demat accounts or dispatch physical certificates subject to KYC, and process refunds to applicants' bank accounts.
Changes in the Foreign Trade Policy 2009-14 issued on 5.6.12 – reg
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Foreign Trade Policy changes modify EPCG rules, duty credit scrip use, and export obligation requirements for incentive schemes.
Revisions to the Foreign Trade Policy permit extended duty free import of embellishments, broaden use and limited transferability of duty credit scrips under the Status Holder Incentive Scheme, extend zero duty EPCG authorizations with adjusted eligibility and interaction rules with TUFS and SHIS benefits, modify EPCG export obligations for green technologies and certain regions, relax Common Service Provider bank guarantee and reporting requirements, and tighten value addition, validity and drawback endorsement rules for Advance Authorization and DFIA schemes.
19/2012 - 27-07-2012 Companies Law
Imposing fees on certain e-forms filed with ROC, RD or MCA(HQ) under MCA-21 where at present no fee is prescribed.
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Fees on e form filings: fee applicability for the statutory auditor information return deferred until early August, with implementation guidance.
Imposition of fees on electronic forms under the MCA 21 system is required where no fee was previously prescribed for filings with the Registrar of Companies, Regional Directors, or MCA(HQ). Administrative responsibility rests on ROCs, RDs and MCA(HQ) to implement the new fee regime. The fee applicable to the statutory auditor information return has been deferred until the beginning of August 2012 to permit a short transition period for filers and officials to update processes.
Clarification on service tax on remittances
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Place of Provision of Services rules: remittances and related fees treated as provided outside India and not taxable.
Remittances of foreign currency and any conversion or remittance charges imposed by providers located outside India are not subject to service tax because transactions in money are excluded from the definition of service and, under the Place of Provision of Services Rules, such services are deemed provided outside India; similarly, fees charged by Indian receiving banks are not taxable where the recipient's location outside India determines the place of provision.
Clarification on Point of Taxation Rules
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Point of Taxation rules: transition alters timing where effective tax rate or taxable value portion changes, reverse charge may apply.
Point of taxation is determined under the prior continuous-supply provision where invoice issuance or payment occurred before the amendments; for services in progress post-transition the general rule applies unless there is a change in effective rate of tax, which includes changes in the taxable portion of value, migration from composition to actual-value valuation, newly granted exemptions, or newly imposed taxability. Partial reverse charge applies where the point of taxation is on or after the transition.
Applicability of provisions of the Finance Act, 2004 relating to education cess and the Finance Act, 2007 relating to secondary and higher education cess
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Statutory reference construction treats education cess references as pointing to the re enacted provision, confirmed by administrative order.
References to the former provision are to be construed as references to the re enacted provision under the General Clauses Act rule on re enactment, and a Removal of Difficulties Order confirms this construction; authorities direct communication of this position to field formations and service tax assessees by Public Notice/Trade Notice.
Audit fees collected by the Comptroller and Auditor General (CAG)
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Audit fees: constitutional audit authority's statutory audit functions are not subject to service tax as business support services.
Audit fees collected by the constitutional audit authority for statutory audits are not subject to service tax under the practicing chartered accountant definition because "concern" implies a commercial organisation and the authority's functions exceed ordinary chartered accountancy; such statutory audit activity likewise does not fall within Business Support Service, which targets outsourced commercial functions.
Clarification on Service Tax on remittances - C.B.E. & C. Circular dated 10-7-2012 - Regarding.
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Negative list regime: Circular guidance applies only from enactment of the governing provisions, not before.
The departmental circular interprets service tax concepts that became effective only with the shift to the negative list regime and the Place of Provision of Services Rules; because the clarification is based on those post-enactment provisions, it cannot be applied to periods before their commencement.
18/2012 - 26-07-2012 Companies Law
Filing of Cost Audit Report and Compliance Report in the eXtensible Business Reporting Language (XBRL) mode.
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XBRL filing mandate for cost audit and compliance reports allows a penalty-free transition period for affected filings.
Mandate to file Cost Audit Reports and Compliance Reports in XBRL format applies to the 2011-12 year and any overdue reports; required taxonomy, business rules, validation tools and Product Group classification will be provided by the Ministry; a limited penalty-free transition period to permit XBRL filing has been authorised and the enabling date will be notified by the Ministry.
Check list for Modification of details in the existing IEC Number (Partnership Firm)
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Modification of IEC details requires specified documentary proof and adherence to checklist; counter assistance available for verification
Checklist prescribes documentary and procedural requirements for modification of details in an existing IEC Number for partnership firms, requiring a covering letter, ANF 2A (Parts A, C & D) signed, original IEC, registered partnership deed, partners' IEC details, bank certificate with photograph for name/address changes, proof for added branches, incorporation documents for conversion to a company, and new PAN where applicable. Late modifications require application for condonation and fee if condoned. Proof of signatory authority must be enclosed and exporters may use free counter assistance for pre submission verification.
Amendment of HBP Vol I (RE 2012)/ 2009-14
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Export procedure amendment: Incentive rules revised-SHIS exclusions, EPCG import adjustments, duty credit scrip validity shortened.
Amendment to HBP Vol. I (RE-2012)/2009-14 (effective 5.6.2012) revises operative export incentive provisions: adds wording on re-credit utilisation; excludes foreign-exchange from shipping lines on routes not touching India from SFIS; bars SHIS claims where Zero Duty EPCG authorisation was availed in the same year; reduces duty credit scrip validity to 18 months with limited revalidation; mandates a declaration of intent on Free Shipping Bills for Chapter 3 benefits with a one-month grace for later inclusions; expands port lists; permits automatic acceptance of up to 10% excess EPCG imports subject to fee and proportional EO enhancement; and conditions grant of duty credit scrip on CVD on a Central Excise certificate regarding Cenvat credit, with enumerated exceptions.
Check list for Modification of details in the existing IEC Number (Others, e.g. Trust, Society, etc.)
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Modification of IEC details requires prescribed documentary evidence and procedural compliance to effect changes for trusts and societies.
Modification of an existing IEC for trusts, societies and similar entities requires a covering letter, ANF 2A (Parts A, C, D) signed on each page, the original IEC, and self certified documentary evidence of formation. Changes in name, address or constitution require registrar/charity commission documents; addition of branches may be proved by statutory or utility records. New PAN copies are required where constitution change produces a new PAN. Modifications after ninety days need an application for condonation of delay and, if condoned, payment of the prescribed fee. Authorised signatory evidence and use of the Counter Assistance pre check are mandated.
Agencies authorized to issue Certificate of Origin - (Non Preferential)Addition in Appendix 4C-regarding.
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Certificate of Origin authorization expanded to include additional FISME branches, enabling issuance of non-preferential export certificates.
The Director General of Foreign Trade authorises two regional branches of the Federation of Indian Micro and Small & Medium Enterprises to issue Certificate of Origin (Non Preferential) and adds those branches to Appendix 4C of the Handbook of Procedure, Vol. I (2009-2014), increasing the roster of authorised issuing agencies with one branch each in the Andhra Pradesh and Karnataka entries.
Check list for Modification of details in the existing IEC Number (Companies)
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Modification of IEC details: checklist mandates specific documentary proof and authorized signatory verification for processing.
Modification of Import Export Code details for companies requires a completed ANF 2A (Parts A, C and D) signed by an authorized signatory, a covering letter on company letterhead, the original IEC certificate, and documentary evidence of incorporation. Changes in name, constitution, address, branch additions and PAN must be supported by ROC filings, statutory forms, utility or registration documents, and the new PAN card where applicable. Late requests require an application for condonation of delay and payment of the prescribed processing fee if condonation is granted. Proof of authority for signatories must accompany submissions.
Check list for Modification of details in the existing IEC Number (Proprietorship Firm)
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Modification of IEC details: mandated document checklist and procedural requirements for proprietorship firms to ensure compliant processing.
Modification of an existing Importer Exporter Code for a proprietorship firm requires submission of a prescribed checklist: a covering letter, ANF 2A (Parts A, C and D) signed, original IEC certificate, proof of proprietor's date of birth, list of all IECs held, bank certificate as per Part B of ANF 2A for name/address changes, documentary proof for branch additions, evidence for change in firm constitution (registered Partnership Deed and bank certificate), new PAN where applicable, and an application for condonation plus fee if modification is sought after the prescribed period. Proof of authority for signatories and adherence to submission procedures are mandated.
Checklist for Application of DFIA
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Advance authorisation application checklist streamlines required documents and declarations to ensure complete DFIA submissions for exporters
Checklist prescribes mandatory documents and information for DFIA applications: covering letter, two signed ANF-4H copies with declarations, proof of authorised signatory, RCMC where relevant, and situational additional documents such as export authorisations for SCOMET or restricted items, SSI/IEM/Industrial licences for manufacturers, consent and supporting manufacturer documents for merchant exporters, and licences or declarations for drug or fuel imports. An Information section requires fee details and licence coverage. Notes state a minimum 20% value addition requirement (with exceptions), technical specification disclosures where required, and disclosure of materials for which drawback is claimed. Applicants must adhere to the checklist to avoid processing delays.

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