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Circulars
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Fixation of Brand Rate of Drawback under the Simplified Scheme
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Brand Rate Simplified Scheme: streamlined direct filing, expedited 15 day processing, post verification revocation and one year debarment.
Brand Rate fixation will be handled under a revised Simplified Scheme eliminating pre verification by Central Excise and allowing direct filing in prescribed DBK formats with supporting annexures and original duty paying documents; the Ministry will process complete applications within a short specified period, retain fully utilised originals, return partially used documents with endorsement, and subject all issued Brand Rate letters to post verification, with revocation and debarment for incorrect data.
Central Excise duty concession on,'cars.for physically handicapped persons' - Clarification - regarding.
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Excise concession for cars for physically handicapped: official certification of suitability permits concessional duty even for standard models.
Concessional excise duty for cars for physically handicapped persons depends on an end use certification by an officer not below Deputy Secretary that the specific vehicle is capable of use by a handicapped person; the vehicle need not be specially manufactured for handicapped use. Vehicles with special features (for example, automatic transmission) qualify when the buyer produces the Ministry of Industry certificate, and ordinary use by non disabled persons does not bar the concession.
Indian rupee value of special currency baskets for the purpose of deferred benefits
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Special currency basket value revised for deferred payment contracts under Indo USSR protocols, altering rupee valuation and applicability.
Revision of the Special Currency Basket rupee value by the Reserve Bank of India, declared effective from the specified date, applying to deferred payment contracts concluded under the Deferred Payments Protocol dated 30 April 1981 and the Protocol dated 23 December 1985 between the Government of India and the erstwhile USSR.
Indian Direct Investment in Joint Ventures (JV)/Wholly Owned Subsidiaries (WOS) outside India
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Overseas direct investment reporting now mandates revised ODR filings and removes ODA forwarding for automatic route investments.
Authorised dealers are no longer required to forward form ODA and supporting documents to the Reserve Bank for overseas direct investments made under the automatic route; they must continue to receive and scrutinise ODA from Indian parties. All remittances, guarantees, and capitalisations related to overseas direct investment-whether automatic-route or Reserve Bank approved-must be reported to the Reserve Bank using the revised form ODR addressed to the Chief General Manager, Exchange Control Department, Overseas Investment Division, Mumbai. Amendments to the underlying Regulations will be notified separately.
Launching of Prosecution in Search & Seizure cases
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Prosecution in search and seizure cases must be initiated promptly to prevent settlement immunity and ensure deterrence.
Prosecutions in search and seizure operations must be initiated promptly for offences such as refusal to answer questions, refusal to sign statements, false statements, obstruction of public servants, failure to produce documents or returns, and related criminal offences, with complaints filed before an assessee applies to the Settlement Commission to prevent statutory immunity. Senior officials are required to prioritise, monitor, and report monthly on initiation of prosecution complaints, with performance judged on the quality and number of cases.
ICES- imports- Declaration of brand, model, grade, specifications or other relevant information necessary for assessment at the time of filing Annexure I at Service Centre-reg.
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Import declaration requirements: Mandatory brand, model and specification details must be filed or bills of entry will be returned.
Importers and CHAs must declare brand, model, grade, specification, manufacturer and end use information in Annexure I/Appendix A at the Service Centre; for the listed commodities these particulars are mandatory and Bills of Entry will be objected to and returned if the required fields are not completed, with Service Centre managers instructed to enforce this requirement.
Export of 10,000 MTs of White Sugar under preferential quota to EU for the year 2002-2003
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Preferential quota allocation for white sugar requires a regulatory certification endorsement and designation of a sole authorised exporter.
A preferential export quota of white sugar is allocated from the free sale portion of the prior season's production for export to the EU, subject to a mandatory certification endorsement referencing the preferential sugar regulation and common code of sugar; export under this quota is restricted to a single authorised agency designated as the sole exporter.
Electronic Data Information Filing And Retrieval (EDIFAR)
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EDIFAR filing requirement mandates online submission of annual, periodic financial and governance statements, with compliance officer accountability.
SEBI and NIC establish the EDIFAR system requiring specified listed companies to file on-line, in prescribed manner and format, annual reports (including balance sheet, profit and loss account and auditor's report), cash flow statements, half yearly and quarterly financial statements, corporate governance reports, shareholding patterns and statements of regulatory action. Companies must appoint a compliance officer responsible for filing and ensuring correctness, include a prescribed disclaimer identifying the company and compliance officer, and file electronically simultaneously with stock exchange submissions; EDIFAR obligations are supplementary to existing listing agreement requirements.
SEBI Advisory Committee on MF - meeting held on 28/5/2002
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Insider trading compliance required for trustees, AMCs and personnel; dematerialisation and treatment of illiquid securities mandated.
Mutual funds must transact in government securities in dematerialised form. Trustees must determine whether amounts realised from illiquid securities or NPAs on scheme winding up are substantial and, if realised within two years and substantial, distribute them to former investors; otherwise transfer to the Investor Education Fund. Trustee companies, asset management companies and their personnel must strictly comply with insider trading regulations.
15/2002 - 17-06-2002 Companies Law
Fee for condonation in respect of filing of Form No.25C belatedly with the Registrar of Companies - Charging of additional fee.
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Delay in filing statutory form triggers additional fee under Companies Act for late document submission.
Where appointments meet Schedule XIII conditions, a return in Form No.25C must be filed within ninety days; belated filing of Form No.25C does not attract section 637B(b) but falls under section 611, and Registrars of Companies shall charge additional fee on belated Form No.25C filings at the rate standardized by Press Note No.2/95.
Export-Movement of export cargo by Containers/Trucks from Container Freight Station, Mulund to Airport, Amritsar-Procedure
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Custodian accountability for sealed export container/truck movements ensures liability for shortages and continuity bond debit upon nonexport.
Export cargo from CFS Mulund may be transferred in sealed containers or trucks to Amritsar airport after customs assessment and stuffing under supervision; the custodian accepts liability for transit shortages and must execute a bond, with FOB value debited from the custodian's continuity bond. On arrival customs verify seals and documents; intact seals obviate further examination and permit "let export" endorsements, enabling drawback sanction and forwarding of transference copies for EGM filing and export records.
Import of fuel under AL, EO extension for Annual AL, New agencies for issuing Certification of Origin (Non Pref)
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Fuel entitlement applications under advance licence updated, including indigenous supply deemed-export benefits and export-obligation extension mechanisms.
Applications for fixation or modification of fuel entitlement under the Advance Licence scheme must be made to the Advance Licencing Committee with the Appendix 10H data sheet; Advance Licence holders may procure fuel indigenously via Advance Release Orders or Back to Back Inland LCs. Indigenous fuel suppliers are eligible for deemed export benefits or may issue a disclaimer enabling the Advance Licence holder to claim such benefits. A new Appendix 10H prescribes required data and declarations, and fuel import entitlement applicants must enclose permission under Section 44 of the Electricity (Supply) Act and commissioning intimation.
Feeding of Brand Name, Uniform Quantity Code etc. in Bills of Entry- reg.
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Customs data integrity: require brand, model and uniform quantity details in Bills of Entry to support valuation comparison.
Importers and Customs House Agents must ensure invoices and related documents identify brand name, make, model, size, uniform quantity code, specification, composition and strength before submission of Bills of Entry so these particulars can be fed into the computer system at noting; appraising officers and Deputy Commissioners must verify and record these details at noting, assessment and examination, and record additional features found during examination for valuation reference.
14/2002 - 13-06-2002 Companies Law
Amendment in the Companies (Appointment and Qualifications of Secretary) Rules, 1988.
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Amendment to Companies Secretary qualification rules updates appointment and notification procedures for compliance and circulation.
Amendments and corrigendum were circulated affecting the Companies (Appointment and Qualifications of Secretary) Rules, 1988 and prior notification GSR 555(E); the Department of Company Affairs forwarded three Gazette notifications-a corrigendum, an amendment to the earlier notification, and an amendment to the 1988 Rules-to regional directors and registrars of companies for information, necessary action and acknowledgement.
Drawback rates - Corrigendum to Notification No. 33/2002-Cus. (N.T.), dated 29-5-2002
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Drawback rate corrections and steel-origin declarations require exporters to certify duty-paid imported steel on shipping bills.
Corrections amend specified drawback rates, tariff headings and goods descriptions across multiple chapters, revising numeric rates and maxima and fixing typographical errors. Inserted notes require exporters of listed serial/sub-serial products to declare on the shipping bill that goods are manufactured from duty paid imported steel, supported by a Chartered Engineer's certificate. The corrigendum confines changes to the specified entries and clarifies the serial/sub-serial ranges subject to the certification requirement.
Countries covered under LAC/ CIS and Africa for reduced export performance criteria for achieving export house status
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Reduced export performance criterion permits Export House qualification for exports to specified LAC, CIS and African countries.
Specifies that exporters to listed Latin American, CIS and Sub Saharan African countries are eligible for a reduced three year average FOB/FOR export performance threshold to qualify for Export House status under the Exim Policy 2002-07. The circular enumerates eligible countries and records totals of 49 African, 12 CIS and 44 Latin American countries for application in computing average export performance for export house recognition.
Import of activated bleaching earth / activated clay as `processed bentonite' ; classification thereof. - Reg
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Classification of activated bleaching earth shifted to activated clays heading, requiring reclassification and recovery of short levies.
Activated bleaching earth / activated clay, produced by acid or alkali activation of bentonite and possessing distinct adsorptive and catalytic properties, is excluded from natural clay headings by HS Explanatory Notes and is classifiable as CTH 3802.90 (activated bleaching earth). Customs authorities are directed to reclassify imports accordingly and to issue demand notices where misdeclaration has caused short levy.
Examination norms for export goods – Clarification – reg
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Examination norms for export goods: self-certification and self-sealing allowed but port inspections follow reduced sampling rates.
Exporters may continue to remove goods from factories under self-certification and self-sealing, but such consignments will be examined at the port of export according to the reduced sampling and examination percentages established by the subsequent circular; the earlier one-in-five self-sealed container rule has been rescinded as redundant, and exceptions apply for sensitive destinations. Public Notices or Standing Orders should be issued and implementation difficulties reported to the Board.
D&CC/FITTC/CIR - 08/2002 dated June 06, 2002
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Normal rolling settlement: specified scrips moved from trade-for-trade into rolling settlement with staged effectiveness dates.
The circular directs immediate migration of specified scrips to Normal Rolling Settlement where depository connectivity exists, and prescribes phased transfers of further scrip cohorts from the trade-for-trade segment into normal rolling settlement on specified future effective dates, requiring exchanges to implement these settlement-mode changes contingent on depository connectivity.
General Permission for release of imported currency through Post - Instructions – reg
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Rescission of a prior circular confirms detailed instructions on import of currency through post remain operative.
The Board has rescinded a later circular on release of imported currency through post because a more detailed earlier circular comprehensively governs import of currency by post; officers must notify stakeholders via Public Notices or Standing Orders and report implementation difficulties to the Board.

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