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Circulars
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Amendments to SEBI (Disclosure and Investor Protection) {DIP} Guidelines, 2000
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IPO grading: optional issuer grading must be disclosed in the prospectus with all grades and rationale.
Amendments add an optional IPO grading requirement: issuers may obtain grading from one or more credit rating agencies and, if opted, must disclose all grades obtained, including unaccepted grades, in the prospectus and abridged prospectus. Prospectus content must identify the rating agency(ies), list all grades including unaccepted grades, and include the rationale/description of each grading as furnished by the rating agency(ies). The amendments also reinstate bidders' bank account details as a disclosure and permit an application-form statement referencing IPO grading and the grading rationale.
Reorganization and relocation of selective units under VAT regime
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VAT reorganization centralizes operations, audit, enforcement and key customer services to strengthen compliance and taxpayer servicing.
Reorganization consolidates 106 wards and 10 zones into 40 Operations Circles across four Regions to manage verification of returns, notice generation, default assessments, debt management and residual remanded cases, with specified staffing norms and room/floor allocations; Audit, Enforcement, Border Control and expanded Key Customer Services units are strengthened, staffed and relocated to designated wings/floors to support selective audit, enforcement of compliance, control of goods movement and targeted servicing of high value taxpayers.
New Head of Account to be opened below Major Head 0044 - Service Tax
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Service tax accounting: new heads of account opened for specified taxable services, with Other Receipts covering interest and penalties.
New Head of Account under Major Head 0044 - Service Tax establishes sub-heads for Tax Collection and Other Receipts with assigned revenue codes for specified services (registrar to an issue, share transfer agents, ATM operations, recovery agents, non-print advertising space/time, sponsorship services excluding sports-event sponsorship, certain international passenger transport, rail container goods transport by non-government railways, business support services, auctioneers excluding court/Central Government auctions, public relations, ship management, Internet telephony, cruise ship transport, and payment-card related services). "Other Receipts" covers interest and penalties on delayed service tax payment.
Dividend Distribution Procedure for Mutual Funds
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Dividend distribution applicability clarified - rules apply to all mutual fund schemes declaring dividends, regardless of launch date.
The dividend distribution guidelines apply to all mutual fund schemes and plans that intend to declare a dividend, irrespective of their launch date, and all other provisions of the earlier guidelines remain unchanged; the circular reiterates the regulator's exercise of powers to protect investor interests and regulate the securities market.
Introduction of Gold Exchange Traded Funds in India
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Valuation of gold for exchange traded funds set by domestic pricing formula; NAV, expense limits and benchmark prescribed.
Valuation must mark physical gold and permitted gold-linked instruments to market daily using a domestic price derived from LBMA AM fixing converted to kg and INR, plus import duty and other levies; trustees may change exchange rate source with written rationale. NAV is calculated as market/fair value of investments plus current assets minus current liabilities and provisions divided by units outstanding, to four decimals. Recurring expense limits for equity schemes apply to GETFs, and GETFs shall be benchmarked to the price of gold.
DRAFT - MRP based levy of excise duty on certain goods - regarding
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MRP based excise levy prompts industry data call to determine abatement for assessable value under section 4A.
MRP-based levy on plant growth regulators requires prescribing an abatement from retail sale price to compute assessable value; manufacturers must submit segment-wise recent data-ex-factory price, excise duty paid, sales tax and other taxes, wholesale price inclusive of taxes, retail MRP, trade practices, trade discounts (with agreements where applicable) and any other relevant information-to enable the Advisory Committee on Abatement to recommend the abatement.
Remittance of initial and recurring expenses for Branch offices opened abroad
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Remittance limits for overseas branch expenses increased allowing higher proportions of average turnover for initial and recurring costs.
Authorised Dealer banks may allow remittance for initial and recurring expenses of branch, office, or representative establishments abroad up to increased proportions of the Indian entity's average annual sales/income or turnover for the last two accounting years, subject to existing terms and conditions of the FEMA notification; separate amendments to the Foreign Exchange Management Regulations, 2000 will be issued, and the directions are under Sections 10(4) and 11(1) of the FEMA, 1999.
Export of Goods and Services – Extension of period of realization
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Extension of export proceeds realization period permits authorised dealer banks to grant time extensions for export receipts subject to conditions.
Authorised dealer banks may grant extensions of time for realization of export proceeds beyond the prescribed period where the invoice value falls within the revised threshold, subject to existing terms and conditions; this change is effective immediately and banks must notify their constituents.
Procedure for the Export required to be followed by the ICD, Panvel, Navi Mumbai
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Export procedure compliance: shipping bill processing, customs-supervised stuffing and mandatory container sealing before transhipment.
Procedure prescribes that exporters/CHAs file multiple copies of the Shipping Bill with supporting documents at ICD, Panvel; Customs will retain original Shipping Bill and original GR form while duplicate GR is endorsed after examination and returned. Shipping bills are serialised, assessed by Appraiser/Superintendent (with higher-value or incentive-linked consignments escalated), and goods are examined in the shed. Stuffing is performed under Customs supervision and containers sealed with Customs OTL seals; factory-stuffed containers require prior permission and Central Excise sealing. Two transference copies travel with containers to the gateway port for seal verification and manifest correlation.
Establishment of connectivity with both NSDL and CDSL- Shifting from Trade for Trade Segment (TFTS) to Rolling Segment
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Dematerialisation threshold for settlement: securities may move to rolling settlement once non promoter holdings are predominantly demat.
SEBI directs exchanges to shift securities from the Trade for Trade Segment to rolling settlement where issuers have connectivity with both depositories, provided at least half of non promoter holdings are dematerialised certified by the RTA or, if no RTA exists, by a practicing Company Secretary or Chartered Accountant, and provided there are no other grounds to continue trading in the Trade for Trade Segment; exchanges must report the actions in the Monthly Development Report.
828/5/2006 - 20-04-2006 Central Excise
Simplified procedure for sanction of refund of unutilised credit/rebate claims in cases of export
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Simplified refund procedure for exporters: interim sanction of major claim pending verification and completion of audits.
A streamlined mechanism allows exporters to file refund/rebate claims with the appropriate Commissioner; after preliminary scrutiny, an interim sanction of eighty percent is to be issued within fifteen days if documents are prima facie in order, with the balance paid after verification within forty five days, and pre/post audit and recovery procedures applied where discrepancies are found.
Import of re-manufactured / second hand capital goods
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Import of second hand capital goods: freely importable without a specific licence; customs accept importer declaration distinguishing from remanufactured goods.
Import of second hand capital goods is freely importable and not subject to the restriction on remanufactured goods; customs requiring a specific licence for second hand capital goods is incorrect. Customs may accept an importer's declaration at clearance stating the goods are second hand and not remanufactured, enabling clearance under the free category.
Eligibility for benefit of Exemption Notification No. 21/2002- Cus (Sl. No. 313 and 417) on the import of Fixed Wireless Telephone-reg
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Exemption notification coverage expanded to include fixed wireless telephones using cellular technology, restoring import duty relief.
Eligibility under exemption notification No. 21/2002-Cus is restored to cover all telephones working on cellular technology, including Fixed Wireless Telephones, by withdrawing the prior circular that had limited the exemption to hand-held mobile phones; field formations must finalise pending assessments accordingly.
Finance Act, 2006 (No. 21 0f 2006) - regarding
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Service tax valuation rules require gross consideration, include non monetary consideration, and reverse charge applies to services received from abroad.
Service tax is levied at twelve percent plus education cess, with valuation under section 67 requiring gross amount charged or, for non monetary consideration, the money equivalent or value of similar services; declared values must not be below cost and may be verified by the department under prescribed safeguards. Reimbursable expenditure incurred as a pure agent may be excluded if rule 5(2) conditions are met. Section 66A and accompanying rules make recipients taxable under a reverse charge mechanism for services provided from outside India, with specified categories and export rules defining when services qualify as exports.
Use of tamper proof bottle seals on containerized cargo for Export - Reg.
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Tamper proof seals required for containerized exports to secure self sealing and reduce routine port examinations.
Use of tamper proof one time bottle seals is required for containerized export cargo for exporters, manufacturer exporters, 100% EOU, EPZ and EHTP units, CHAs and terminals handling LCL cargo; sealing covers containers and bonded closed trucks sent to gateway ports after supervised or self sealing and containers sealed in CFSs/ICDs in the presence of officers. Seals are available from Customs offices at a nominal charge but exporters are not obliged to purchase exclusively from the department to preserve self sealing.
Online submission of applications
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Mandatory digital signature and EFT payments for specified export licences; online filing compulsory, manual submissions prohibited.
All applications for specified export authorisations must be submitted online with a digital signature and licence fees paid via the DGFT-designated banks' EFT gateway. Third-party DEPB claims based on EDI DEPB shipping bills must be filed through the DGFT ECOM mode only and manual DEPB applications will not be accepted; Regional Licensing Authorities must verify admissibility of third-party claims from submitted documents before approval.
Amendments in the Public Notice No. 76 dated 26.12.2005 in the Foreign Trade Policy 2004-2009
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Preferential export quota adjustment for white sugar increases EU allocation to remedy short delivery under trade policy powers.
Amendment to the Foreign Trade Policy public notice increases the preferential export quota for white sugar to remedy short delivery of the EU allocation for the 2004-2005 quota year, made under Paragraphs 2.1, 2.4 and 2.29 of the Foreign Trade Policy, 2004-2009 and issued by the Director General of Foreign Trade as a public interest notification.
Clarification in r/o plant site verification for finalization of project imports
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Plant site verification may be satisfied by PSU or government head certification for project imports, easing verification.
Permits fulfillment of the plant site verification requirement for project imports by a certification from the head of the PSU or Government undertaking (Chairman/Executive Director) stating that individual imported items were actually installed at the project site, while reiterating the importer's obligation under the Project Import Regulations, 1986 to submit a statement of goods and supporting documents for checking and finalization of contract; notes prior waiver of cash security for Government Departments and PSUs.
Amendments to Clause 40A and Clause 35 of Equity Listing Agreement
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Amendments to public shareholding rules require listed companies to meet minimum public holding thresholds and report quarterly.
Listed companies must maintain continuous public shareholding of at least 25% (generally) or 10% in specified cases; exemptions apply to government, infrastructure and BIFR referred companies. Non compliance must be remedied using prescribed methods within periods approved by the Specified Stock Exchange (initially up to two years, with possible one year extension), and the SSE may grant extensions after recording reasons. Revised reporting requires quarterly three category shareholding statements showing promoters, public and custodial/depository receipt holdings; stock exchanges must monitor compliance and submit quarterly reports.
827/4/2006 - 12-04-2006 Central Excise
Deduction of Cost of Transportation for the Return Journey- reg.
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Deduction of transportation costs: return-journey charges for empty vehicles not deductible unless invoice expressly excludes them.
Deduction of transportation costs is limited to carriage from place of removal to place of delivery; amounts recovered for return-journey of empty vehicles are not deductible. The Board requires that the invoice must specifically state that transportation charges do not include return-journey costs; absent such specific invoice language, deduction of the transportation charges will not be admissible.

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Acts Income Tax