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Circulars
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Tolerance of breakage of bottles due to handling during storage and clearance-reg.
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Cenvat credit reversal required where bottle inputs are written off; remission allowed only subject to credit reversal.
The earlier instruction allowing tolerance for bottle breakage is rescinded under the present CENVAT regime. Remission for goods lost or destroyed remains available but is conditional on mandatory reversal of CENVAT credit where inputs or final products are written off or destroyed; reliance on the obsolete tolerance instruction without reversing input credit is incorrect and revenue safeguards must be applied.
Online Transmission of Licenses/Authorizations issued under Duty Exemption Scheme (DES), Export Promotion Capital Goods scheme (EPCG) and online Transmission of DEPB Licenses between Customs & DGFT, at ICD-Dashrath (Vadodara), Sachin (Surat) & Valvada (Vapi)
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Online transmission of licences enables automated availability of DGFT-issued export and import licences for Customs filing.
Online transmission of DGFT-issued licences under the Duty Exemption Scheme and EPCG is operationalized at specified ICDs so licences/file numbers issued on or after 1 March 2009 are automatically available in ICES 1.5 from implementation; exporters must quote the licence number on Shipping Bills and importers must quote the licence number on Bills of Entry. Manual registration procedures continue for licences issued up to the earlier cut-off, and transitional steps are provided for licences issued after 1 March 2009 but before implementation. DEPB licences received online are subject to validation and must be quoted on Bills of Entry when used for duty payment.
Availability of cenvat credit on inputs used in the manufacture of capital goods-reg.
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Cenvat credit on inputs limited to excisable capital goods and manufacturing inputs; construction and repair exclusions apply.
Cenvat credit is available only for items that are excisable and fall within the statutory definition of capital goods or inputs and are used in the manufacturer's factory. Materials like cement, angles, channels, and TMT bars used for foundations, building construction or supporting structures, and items used for repair and maintenance of capital goods, are excluded from admissible credit. Inputs must be used in or integrally connected with the process of actual manufacture; clarificatory amendment to the definition is treated as retrospective.
Admissibility of credit on capital goods and inputs and to state that the Tribunal has ruled that 'capital goods
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Admissibility of credit on capital goods limited to excisable items used in the factory; foundation and building materials excluded.
Admissibility of credit on capital goods is limited to items that are excisable goods falling within the capital goods definition and used in the manufacturer's factory. Inputs qualify for credit only if covered by the input definition and used in or integrally connected with actual manufacture. Credit on inputs used to make capital goods is allowed when those capital goods are used in the factory, but excludes materials used for laying foundations, constructing sheds or support structures (e.g., cement, steel sections) and excludes inputs used for repair and maintenance; the cited amendment is retrospective.
Efficient Mineral Administration- regarding
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Mineral export data sharing required so states can verify royalty compliance and detect revenue leakage.
Customs formations are to share mineral export details with State Governments for cross verification of royalty payments and detection of revenue leakage, using shipping bill fields (including State of origin, exporter details, mineral type, quantity and value); modalities of exchange are to be agreed with the concerned State Governments and implementation difficulties reported to the Board.
Refund of 4% Additional Duty of Customs (4% CVD) in pursuance of Notification No.102/2007-Customs dated 14.9.2007 - Special Drive for clearance of pending 4% SAD refund claims - reg.
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Additional Duty refund procedures streamlined: simplified documentation, electronic invoice submission, CA certificate acceptance and optional direct bank credit.
For Accredited Clients under the ACP scheme, full 4% CVD refunds will be sanctioned on preliminary scrutiny of TR-6 challans, VAT/ST challans, sale invoice summaries and a statutory auditor/CA certificate verifying VAT correlation and non-passage of CVD; pre-audit is dispensed with, detailed checks deferred to post-audit, refunds to be sanctioned within 30 days, sale invoices may be submitted electronically, and optional direct bank credit via RTGS/NEFT is authorised with prescribed authorisation.
Revised Exposure Margin for Exchange Traded Equity Derivatives
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Exposure margin: minimum reduced while retaining a multiple of standard deviation as the floor for equity derivatives.
SEBI amends exposure margin for exchange traded equity derivatives so that for gross open positions in single stock futures and gross short open positions in stock options the exposure margin shall be the higher of a reduced fixed minimum and 1.5 times the standard deviation of daily logarithmic returns of the stock price applied to the notional value of the position, replacing the previously higher fixed minimum.
Verification/updation of Carrier Agencies and CHA Directories for implementation in ICES 1.5- reg.
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Verification of Carrier Agencies and CHA directories required to transact on ICES 1.5; PAN-based registration and document verification.
Verification and reconciliation of CHA and Carrier Agency directories is required for centralised ICES 1.5 implementation: PAN is the registration identifier, discrepancies with CBDT records will be closed (not deleted) and corrected entries added only after physical document verification; address/contact changes are permitted, PAN/name as confirmed by CBDT cannot be changed, unregistered airlines may be verified by IATA/prefix codes, and failure to reverify will prevent transacting on ICES 1.5.
Online transmission of DES (Advance Authorization), EPCG and DEPB authorization at 33 ICES 1.5 new location w.e.f 10.07.2010-reg.
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Online transmission of export authorizations expands to new ICES locations, mandating EDI filing for affected DEPB shipping bills
Online transmission of DES (Advance Authorization), EPCG and DEPB authorizations will be electronically communicated to Customs for processing for 33 newly added ICES locations effective 10 July 2010. For DEPB exports from these ports, filing of Shipping Bills in EDI mode is obligatory. The circular names the affected ICDs and CFSs across multiple Commissionerates and directs RAs of DGFT to note the change.
Clarification on holding of goods by units in FTWZ
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FTWZ units holding goods permitted for foreign and domestic suppliers and buyers, subject to compliance with SEZ rules.
FTWZ units are authorised to hold goods on behalf of foreign suppliers and buyers and on behalf of Domestic Tariff Area suppliers and buyers, provided they comply with the applicable SEZ regulatory framework and meet the procedural, custody, documentation and reporting conditions prescribed by the SEZ rules.
Applicability of customs duty exemption on import of television content - Regarding
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Customs duty exemption clarified to cover television and all audio-visual content on specified carrier media.
The term motion pictures in Notification No. 27/2010-Customs is a generic descriptor covering audio-visual content recorded on cinematographic films, broadcast tapes, masters, stampers, VCDs, DVDs and similar carrier media, and therefore includes television content and other audio-visual material imported on media falling under the relevant chapter headings for the purposes of the customs duty exemption.
Allocation of Staff to Seaports for 24x7 operations
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Round-the-clock customs operations trial expands export and import delivery plus assessment services to seaports.
A 45-day trial of round-the-clock customs operations at specified seaports is ordered in three 15-day phases: delivery of export goods; delivery of RMS-facilitated import goods; and assessment and examination of import/export goods. Expansion beyond the trial will depend on review of outcomes, sanction of additional staff, and cooperation from custodians, CHAs, banks and other agencies.
Revalidation of Import Authorisation for Restricted Items (except SCOMET items)
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Revalidation of Import Authorisation: first local extension allowed; further extensions require central headquarters review.
Revalidation of import authorisations for restricted items (excluding SCOMET items) requires applicants to apply to the Regional Authority, submitting originals to the RA and a self attested copy when central involvement is indicated; the RA may endorse the first local revalidation for a limited period without reference to the central office, while requests for revalidation beyond that initial local extension must be forwarded to the central headquarters for consideration.
Account Maintenance Charges collected upfront on annual/ half yearly basis on demat accounts
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Account maintenance charge refund ensures pro rata reimbursement on demat account closure or transfer under regulatory mandate.
Depositories must require DPs collecting annual or half yearly upfront account maintenance charges to refund the unearned AMC to beneficial owners upon account closure or transfer, calculated on a pro rata quarterly basis from the account opening date; quarterly and monthly AMC regimes are excluded. Depositories must amend bye laws, notify DPs, publish the requirement and communicate to BOs under the regulator's statutory powers.
Master Circular - Rupee / Foreign Currency Export Credit and Customer Service to Exporters
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Rupee and foreign currency export credit: Base Rate, PCFC, EBR, running accounts, reporting, subvention, gold card
Master Circular consolidates RBI rules on rupee and foreign currency export credit: definitions, pre and post shipment packing credit terms, liquidation, running account conditions, and safeguards against double financing; mandates Base Rate pricing for rupee export credit from 1 July 2010 with prior BPLR ceilings and ECNOS treatment; details PCFC (LIBOR/EURO LIBOR/EURIBOR linked) and EBR schemes with funds sources, spreads, periods, recourse treatment and non eligibility for RBI refinance; prescribes interest subvention pass through, Gold Card privileges, Kimberley Process undertakings for diamonds, customer service standards and quarterly reporting with export credit performance targets.
Amendments in the Handbook of Procedures (Vol-1), 2009-14 – addition of sub-paragraph 4.4.5
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Sanitary Import Permit requirement: obtain permit before importing animal-origin inputs under Advance Authorisation and notify authorities.
Where animal-origin inputs (including meat, eggs, milk products, embryos, ova, semen and pet food) are sought under Advance Authorisation, the Regional Authority must endorse a condition that a Sanitary Import Permit from the Department of Animal Husbandry, Dairying and Fisheries be obtained before effecting imports, and must send a copy of the authorisation to the departmental authority at Krishi Bhawan, New Delhi.
New Office address of Federation of Gujarat Industries (Amendment in Appendix 4C)
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Change of authorised Certificates of Origin address: Federation of Gujarat Industries' contact details updated under trade policy amendment.
The public notice amends Appendix 4C of the Handbook of Procedures to change the office address and contact details of the Federation of Gujarat Industries, an agency authorised to issue Certificates of Origin - Non Preferential. The amendment substitutes the prior Gujarat entry with the new postal address, telephone, fax and email, and is issued in public interest by the Director General of Foreign Trade.
Issuance of notifications after enactment of the Finance Act, 2010
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Service tax changes under Finance Act 2010 expand taxable service scope and set transitional exemptions for advance receipts.
Amendments under the Finance Act, 2010 take effect from the appointed date of 1 July 2010: services provided on or after that date fall within the expanded taxable categories, while amounts received before that date by the service provider for such services are specifically exempt from service tax. Definitions of port, other port and airport services are broadened to include services wholly rendered within prescribed areas with targeted exemptions and preservation of relevant abatements and refunds. Air passenger transport taxability, construction service abatements and specified exemptions for housing schemes and electricity distribution are also addressed.
Constitution of Dispute Resolution Panel (DRP-II, Mumbai)
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Dispute resolution panel constitution under section 144C names three members and establishes DRP II in Mumbai effective immediately.
Constitution of a Dispute Resolution Panel under section 144C: the Board constitutes DRP II, Mumbai as a three member panel, superseding the earlier order, effective immediately and until further orders. The order names the panel members by office and records approval of the Chairman, CBDT.
Data quality of information furnished by the importers for assessment purposes-reg.
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Importer data accuracy requirement: incomplete shipment particulars may trigger penal measures and CHA licence suspension.
Importers and Customs House Agents must declare complete and accurate particulars in the bill of entry-description, brand, model, grade, specification, unit quantity code, weight, country of origin and a standard unit of quantity. Appraising Groups and Import Shed sections must verify completeness and return incomplete documents for correction. Repeated non-compliance will attract penal measures, including suspension of CHA licence where warranted.

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