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Circulars
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Liberalised Remittance Scheme of USD 25,000 for Resident Individuals- Investor Protection – Disclosure Requirements
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Liberalised Remittance Scheme requires prior regulatory approval for banks marketing foreign currency deposit schemes with mandatory disclosures.
All banks, Indian and foreign, including those without an operational presence in India, must obtain prior regulatory approval before marketing schemes in India that solicit foreign currency deposits for overseas branches or act as agents for overseas mutual funds or other foreign financial service providers. The requirement is imposed to ensure adequate disclosures and to protect the interests of resident individuals investing under the Liberalised Remittance Scheme while preserving the residents' freedom to undertake permissible capital account transactions under the Scheme.
Whether refunds arising out of Customs assessments should be taken up by filing a refund application or by challenging the original assessment orders-reg
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Customs refunds: direct refund claims barred where the original assessment was not challenged and has become final.
Refunds arising from customs assessments are not maintainable by a direct refund application where the assessee failed to challenge the original assessment order and that order has become final; officers are directed to follow the judicial ratio treating unchallenged assessments as barring later refund claims and to process refund matters accordingly.
Parameters for postings of officers and Inspectors in the Investigation Wing of the Income Tax Department.
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Parameters for postings in the Investigation Wing set standardized staffing, posting controls and require Board approval for deviations.
Parameters prescribe a standardized staffing and posting framework for the Investigation Wing, specifying sanctioned composition of officers and inspectors at DG and DIT headquarters, units headed by Addl./Joint Directors, Deputy/Assistant Director units, and Air Intelligence Units; unit-wise numbers and totals are set out in an annexure. Directors General may determine stationing of senior officers; Cadre-controlling Chief Commissioners must reassign excess posts regionally (with consent for central charges); any deviation needs prior Board approval; and a compliance report must be submitted by the prescribed date.
Exim Bank's Line of Credit of USD 10 Million to Central Bank of Djibouti, Djibouti
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Line of Credit enables export financing with conditional agency commission approval and specified reimbursement rules.
Line of Credit of USD ten million to Central Bank of Djibouti finances Category A and B exports and agreed items; Credit Agreement effective January 14, 2004 with LC opening and utilisation terminal dates of January 13, 2006 and July 13, 2006. Shipments must be declared on Forms GR/SDF. Agency commission is generally not payable under the LOC; Reserve Bank may allow up to five per cent for exports requiring after sales service with prior approval, paid in Djibouti by invoice deduction. Exim Bank reimburses 90 per cent of the f.o.b./c&f/c.i.f. value minus permitted commission.
Testing of imported textile/textile articles for its composition and hazardous dyes-reg
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Testing coordination for imported textiles: require composition testing at the textiles committee when hazardous dye tests are conducted.
Where consignments are sent for hazardous dye testing at the Textiles Committee laboratory, the composition test (texturised/non-texturised) must also be carried out at the Textiles Committee; if azo dye testing is not required under DGFT guidance, composition testing may be performed at the Central Revenue Control Laboratory (CRCL). The DGFT framework also provides for reduced sampling, prioritisation of consignments from jurisdictions without dye prohibitions, and limited validity of test reports for identical imports.
Foreign Inward Remittance Payment System (FIRPS) Instrument – Withdrawal of
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Foreign Inward Remittance Payment System withdrawal: instrument withdrawn as obsolete due to electronic credits and online transfers.
Foreign Inward Remittance Payment System (FIRPS) instrument is withdrawn as obsolete due to electronic credits and online fund transfers; Authorised Dealers informed to notify constituents and to note that prior guidance in Annexure V to A.D. (M.A. Series) Circular No.11 and paragraph 3A.5 of the Exchange Control Manual is superseded; directions issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999.
Foreign Exchange Management Act, 1999 - Guidelines for Compilation of R-Returns
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R-Return reporting: updated formats, new purpose codes and fortnightly submissions with simplified A 2 declaration required.
Authorised Dealers must adopt updated R-Return (NOSTRO and VOSTRO) formats with deleted and reassigned items, use revised purpose codes via FET-ERS Version 6.1, and submit hard-copy returns with FET-ERS floppy on a fortnightly basis from the implementation date. The A-2 form has been combined with the FEMA declaration to simplify non-import remittance documentation for specified individual and corporate transactions. The Reserve Bank will distribute the revised package, provide training, and issued these directions under Sections 10(4) and 11(1) of FEMA, 1999.
Excisability of Sugar Syrup
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Test of marketability: sugar syrup marketable as such is excisable when taken for captive consumption or removed.
Where sugar syrup is marketable as such, irrespective of percentage of sugar concentration, it is excisable when taken for captive consumption or removed as such; a Trade Notice should be issued and receipt of instructions acknowledged.
Order of Authority for Advance Rulings (Customs & Central Excise) in respect of Application No.AAR/44/101/2003 dated 23.2.2004 filed by M/s.Shonkh Technologies International Ltd., NIRMAL
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Advance ruling jurisdiction denied where customization of vehicle number plates did not fall within specified advance ruling categories.
The Advance Ruling Authority rejected an application seeking a ruling on whether customization of vehicle number plates (adding holograms and unique laser serial numbers to blanks) constitutes manufacture liable to excise duty under Section 2(f), holding the question outside the scope of permissible advance-ruling subjects under Section 23C(2) (classification, duty-affecting notifications, valuation, notification scope for duties, and input credit admissibility). Field formations were directed to note the Order for future similar issues.
Measurement of Mineral Oil (Petroleum products by volume) - use of ASTM Tables 53B and 54B
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Measurement standards update: use updated ASTM tables for petroleum volume measurement, manual instructions modified with reporting obligations.
The Board requires that revised ASTM tables 53B and 54B replace the earlier ASTM tables 53 and 54 for measurement of mineral oil and petroleum products by volume, modifying paragraph 87 of the Manual of Departmental Instructions; trade and field formations are to be informed, receipt acknowledged, and implementation difficulties reported to the Board.
Clarification on ambiguity in the provisions of Rule 3(5) of the Service Tax Credit Rules, 2002 - regarding
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Input service tax credit limitation restricts use to a capped proportion of service tax payable on taxable output services.
The Circular clarifies that if a service provider does not maintain separate accounts for input services used for taxable and exempt/non-taxable outputs, input service tax credit may be utilized only up to a capped proportion - 35% - of the total service tax payable on all taxable output services; field formations are to be informed and a trade notice issued.
Amendment/correction in the schedule of DEPB rates
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Amendment to DEPB schedule adds product entries and substitutes an entry under export-import policy powers.
Amendment to the DEPB schedule modifies Public Notice No. 54 by adding four product-group serial entries to the Engineering list and substituting the listed Serial Number 345 with the revised description 'Serial Number 345 excluding rails and sleepers'; all other terms and conditions of Public Notice No. 54 (RE-03)/2002-2007 dated 28.02.2004 remain unchanged, effected under paragraph 2.4 of the Export and Import Policy, 2002-2007 and paragraph 1.1 of the Handbook of Procedures (Vol. I).
Trading by FIIs and NRIs in Exchange Traded Interest Rate Derivative Contracts
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Position limits for FIIs and NRIs in exchange traded interest rate derivatives set; monitoring and reporting required.
SEBI caps FII gross open positions in exchange traded interest rate derivatives at USD 100 million plus the book value of their Government Securities cash exposure; sub account and NRI near month client limits are the higher of Rs. 100 crore or 15% of total open interest. Exchanges must monitor limits per prior SEBI guidance: FIIs report Government Securities exposure to Clearing Members, Clearing Members report to Exchanges, and Exchanges apply monitoring analogous to equity derivative oversight, with NRI monitoring following the referenced circular.
Amendment to periodical report
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Debenture trustee reporting obligations expanded to include associations with privately placed unlisted debt issues, requiring detailed issuer and allotment data.
Amendment requires Debenture Trustees to include, as an additional item in the periodical report, details of associations with privately placed unlisted debt issues: issuer name, issue size, secured/unsecured status, date of allotment and number of allottees, to enable monitoring of trustee exposure.
Clarification on issues related to Duty Free Entitlement Certificate for service Providers
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Duty Free Entitlement Certificate rules clarified for service providers; import allowables, exclusions and nexus requirements defined; EEFC receipts excluded.
Duty Free Entitlement Certificate for service providers is clarified: permitted imports include most consumables but exclude beverages under Chapter 22 and seafood; imports must have a nexus with services rendered. The scheme is unavailable to 100% EOUs and units under SEZ, STPI and EHTP and their turnovers cannot be clubbed with DTA units. Receipts in EEFC accounts are excluded. Policy Circular No.4 dated 14 May 2003 is withdrawn.
SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997- Modified Formats of letter of offer
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Takeover disclosure requirements strengthened; merchant bankers must use revised letter of offer format available online.
The circular directs merchant bankers to adopt a modified Letter of Offer format for takeover transactions incorporating additional disclosure requirements; the revised template is published on the regulator's website and must be used when submitting draft letters, issued under the regulator's statutory powers to protect investors and regulate the securities market.
Revision of existing sectoral guidelines and equity cap on Foreign Direct Investment FDI). IncIuding investment by Non Resident Indians NRIs) and Overseas Corporate Bodies (OCBs)/ Foreign Institutional Investors (Flls) in the Banking Sector
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Foreign investment cap in private banks raised under automatic route, with resident minimum maintained and regulatory approval controls.
FDI in Indian private sector banks is permitted up to 74% under the automatic route while at least 26% of paid up capital must be held by residents (except wholly-owned foreign bank subsidiaries). FIIs, NRIs and certain OCB holdings are included; transfers from residents to non-residents require approval under foreign exchange law. Portfolio investment limits for FIIs and NRIs remain subject to individual and aggregate ceilings with possible escalation by bank and shareholder resolution. Foreign banks may operate via only one channel-branch, wholly-owned subsidiary, or subsidiary within the prescribed foreign investment ceiling-and conversions or acquisitions are subject to licensing and resident shareholding conditions.
Submission of Audit reports under regulation 55A of SEBI (Depositories and Participants) Regulations, 1996
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Audit report submission requirement mandates quarterly filings by listed companies and obliges exchanges to monitor compliance and report.
Listed companies must submit audit reports under Regulation 55A on a quarterly basis within the prescribed post quarter timeline; submission is a continuous compliance obligation. Stock exchanges must notify companies of the requirement, implement systems to monitor compliance, warn that failures will attract regulatory and adjudicatory action, and submit consolidated status reports on compliance within the prescribed period after each quarter, as well as report implementation status in regular development reports.
Proposal for release of valuables other than cash seized during the course of search -against Bank Guarantee
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Bank guarantee for release of seized valuables must be unconditional, irrevocable and cover full departmental valuation.
Release of seized valuables against a bank guarantee is allowed provided the guarantee is unconditional and irrevocable, covers the full departmental valuation, remains valid until assessment proceedings are complete and taxes are collected, is enforceable by the Department at any time, and the seized assets do not have specific evidentiary value for prosecution.
Classification of Customs duty collected against provisional assessment
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Classification of provisional assessment deposits now recorded under Customs receipt head rather than civil deposits.
Deposits made by assessees in provisional assessment cases shall be classified directly under the 0037-Customs final receipt head instead of 8443-Civil Deposits-Rev. Deposits; existing balances are to be reconciled with the CAO and transferred accordingly.

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