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Circulars
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DEPB Scheme --- general release advice
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General release advice replaces multiple TRAs, reducing importer administrative burden and streamlining customs clearance processes.
DEPB scheme permits importers to obtain a General Release Advice instead of issuing separate Transit Release Advice (TRA) for each consignment cleared against a single DEPB scrip, to reduce administrative burden and inter-customs paperwork; Customs Commissioners must ensure strict compliance and address deviations, though the circular was later withdrawn.
Exports of goods under paragraph 11.7 of the EXIM Policy against payment In Indian Rupee in respect of irrevocable Letter of Credit established before 28.1.2000
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Export exemptions for pre-existing irrevocable letters of credit allow shipments without intrinsic value addition if within original validity.
Exporters who established irrevocable Letters of Credit for export payments in Indian Rupees prior to 28 January 2000 may export without the requirement of intrinsic value addition on imported goods, provided the shipment is effected within the original validity of the irrevocable Letter of Credit.
Last Date for IEC code Updation Extended
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IEC code updation extended: submit portal applications without supporting documents and benefit from continued penalty exemption for clearance.
Extension of the final deadline for IEC code updation requires submission of Appendix 1A or Appendix 2A to modify IEC and PAN on the portal; no supporting documents or fees are required even if holder status changes, and the Handbook of Procedure penalty exemption continues to apply; consignments will be cleared using the updated IEC information from the effective date.
Turmeric Powder – not excisable
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Classification of Turmeric Powder: pulverized foodgrade spice treated as non-excisable when retained as turmeric powder in retail packaging.
Branded Turmeric Powder sold in retail containers has been found to be 100% pure, unadulterated, foodgrade and conforming to PFA specifications; the process is limited to pulverization of turmeric and does not produce a new product. Therefore, pulverized turmeric remains turmeric powder and is not an excisable manufactured product.
Securities and Exchange Board of India (Debenture Trustees) (Amendment) Regulations, 2000
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Registration as debenture trustee now requires the amended Form A with detailed disclosures, declarations and renewal compliance.
The amendment substitutes a new Form A in Schedule I requiring applicants for registration or renewal as Debenture Trustee to submit an original signed application with detailed disclosures: applicant identity and status, principal and compliance officers, organisational structure, directors, infrastructure specific to trusteeship, a three year business plan, comprehensive financial information, details of experience in trusteeship, investor grievance redressal mechanisms, and a declaration by principal officer(s) warranting compliance and absence of convictions for specified offences.
Reduction in the investment limit on SSI/ancillary undertakings - clarification of - regarding.
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SSI status protection preserves prior investment ceiling for provisionally registered units with project steps begun before the new limit.
Units provisionally registered under the 10 December 1997 notification that had undertaken concrete project implementation steps before 24 December 1999 retain SSI status under the earlier investment threshold despite the revised lower limit, provided investment in plant and machinery does not exceed the prior ceiling.
Reduction in the investment limit on SSI/ancillary undertakings - clarification of - regarding
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Reduction in investment limit on SSI units preserves earlier permanent, switched and timely provisional registrations as SSI status.
The policy reduces the investment limit for small-scale and ancillary undertakings, and clarifies that units with permanent registration under the December 1997 order, units that switched over to SSI status under that order, and units with provisional State registration obtained within the 180 day limitation period specified in the December 1997 order, shall continue to remain classified as SSI units despite the subsequent reduction in the investment threshold.
Bonded facility ---- alertness about misuse
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Bonded facility misuse prompts mandatory stock verification, record reconciliation and targeted sampling to detect customs duty fraud.
Misuse of the bonded facility involves CHAs substituting imported raw materials with valueless goods, using fabricated Bills of Entry to obtain illicit MODVAT credit, and depositing originals in warehouses. Field formations are directed to perform stock verification of bonded goods held beyond one year, reconcile Customs bond records with warehouse records, profile high-risk goods and importers, and conduct selective sampling of suspect cases, with progress to be reported to the Board.
Clarification regarding Entry No. 69A under group: Textile (Product code: 89) In Appendix 28A
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Classification of pure cotton yarn dyed made-ups clarified to include items listed under both related textile entries, removing customs ambiguity.
The circular clarifies that Entry No. 69A, describing 100% cotton yarn dyed made-ups, is applicable to pure cotton yarn-dyed made-ups appearing under both the related textile entry and the processed cotton made-ups entry, correcting a Customs interpretation that had treated 69A as an extension of the other entry and excluded items covered by the processed cotton made-ups description.
Amendment in DEPB Rates
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Corrigendum to export-import handbook corrects item serial numbering and clarifies stainless steel component description for DEPB.
Corrigendum to the Handbook of Procedures (RE-99) renumbers specified tariff/commodity entries to correct sequencing and revises a listed product description to specify identifiable ready-to-use machined parts/components made predominantly of stainless steel (not less than 90% by weight) manufactured through casting, thereby clarifying the scope and classification of goods under the DEPB listing.
Wheat Import – Writ Petitions challenging duty
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Emergency power to amend customs tariff permits raising duty where entry was marked "Free", subject to parliamentary approval.
Power to increase import duty under the Customs Tariff Act is exercisable as an emergency power to alter rates specified in the tariff schedule, including where the pre-existing tariff entry was denoted as "Free." Goods shown as "Free" in the tariff remain leviable at that rate and therefore may lawfully be subject to an increased rate by notification issued under the emergency provision; the notification raising duty on wheat was issued under the emergency power and received parliamentary approval.
GUIDELINES ON MODIFICATION / UPDATION OF IEC DATA
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PAN mandatory in IEC: failure to update by deadline leads to suspension of licensing and customs clearance.
Access to the IEC online facility was stopped from 1 March 2000; data already received will be verified and hard-copy modified IECs dispatched. Signed hard copies of online updates may be submitted until 15 March 2000. "Invalid IEC" entries require application for a fresh IEC on Appendix 1A and 2A with the original certificate by 15 March 2000 without fee. Manual modification applications with Appendices 1A and 2A are allowed until 15 March 2000. Incorporation of the PAN number is compulsory; applications filed after 15 March 2000 follow Handbook of Procedure, Vol. I. Failure to comply will result in denial of licensing facilities and customs clearance from 1 April 2000.
IEC Updation
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IEC updation requirement: non validated IECs will block licence filings and customs clearance until updated and documented.
Holders of Importer Exporter Code (IEC) must update IEC data on the designated website and submit a duly signed typewritten hardcopy with prescribed appendix forms by the extended cut off; failure to have a validated IEC will result in refusal of licence applications at the counter and denial of customs clearance for import or export consignments.
Processing of appeal proposals against CEGAT Orders-instructions reg.
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Appeal coordination: ensure all affected assessees are covered and other commissionerates are promptly notified to avoid filing delays.
Commissioners must ensure appeal proposals are prepared for all assessees covered by an adverse tribunal order within their Commissionerates and must promptly notify other Commissionerates or zones when their assessees are affected, so that all concerned Commissioners can timely decide on filing appeals and avoid delays that risk dismissal; a system for rapid examination of referred orders should be established and receipt of the circular acknowledged.
Service Tax — Union Budget for the Financial Year 2000-2001 — Changes in respect of Service Tax
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Service Tax definition changes expand taxable Tour Operator and Rent a Cab coverage, restore levy and bar consequential refunds.
The Budget and Directorate guidance: exempt mechanised slaughter houses from Service Tax from 1-3-2000; withdraw exemptions for Tour Operators and Rent-a-Cab Scheme Operators as of 1-4-2000, expanding their definitions so all cab-renting businesses and tour operators using permit-covered vehicles (including non-permit holders using leased/hired permitted vehicles) become taxable and must register; and include Finance Bill clauses retrospectively validating shifts of tax liability to service receivers for GTOs and C&F agents, disallowing consequential refunds and enabling recovery with interest of any refunds already made.
Appeals in Supreme Court-delay in furnishing documents by Commissionerates
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Delay in furnishing documents delays counter affidavit preparation and enables ex parte stays; Commissionerates must report reasons and submit records.
The circular directs Commissionerates to promptly transmit complete appellate records-appeal copies in duplicate, brief facts, para wise comments and all relevant documents-to the Board within the prescribed period to enable timely counter affidavit preparation, and requires day to day reasons where transmission is delayed.
Unjust enrichment-provisional assessment
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Unjust enrichment doctrine clarified for provisional assessments; proviso to Rule 9B added and appeal initiated.
The Board clarified that the doctrine of unjust enrichment applies to refunds from provisional assessments by simplifying Rule 9B through a proviso added in June 1999; finding the tribunal view debatable, the Board secured legal advice, obtained Attorney General approval, filed a civil appeal, and instructed field formations to act in accordance with the amended provision.
Proper storage of refund books.
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Proper storage of refund books required; maintain voucher issue records and ensure documented handing over on change of incumbent.
Proper storage and custodial control of refund books is mandated, requiring maintenance of a clear record of issue and utilization for refund vouchers and secure custody of refund books containing used or blank vouchers. On change of office incumbent by transfer, retirement or other reason, there must be an orderly and documented handing over of refund books; officers in the region are to be informed for strict compliance with the Manual of Office Procedure and prior Board instructions.
Appeals/SLPs against CEGAT orders-information on CBEC website
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Judicial information access: online publication of appellate orders and admitted civil appeals, replacing monthly paper circulations.
A dedicated Judicial Cell page on the departmental website will publish appellate information-civil appeals, special leave petitions and tribunal orders appealed against-will be updated retrospectively to early 1999 and prospectively, and summaries of key higher court decisions will be posted; monthly hard copy mailings of such lists are discontinued.
IEC Modifications
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IEC modification procedure allows manual submission with compulsory PAN and attested copy; postal dispatch only.
Manual modification requests for IECs issued prior to 16.11.99 are permitted where on-line update was not possible, requiring submission of Appendix 2A and Appendix 1A fully completed, a compulsory PAN with attested photocopy or allotment letter, and a forwarding letter signed by the Partner/Proprietor/Director/Authorised Signatory. Such requests must meet the prescribed filing deadline and modified IECs will be dispatched by post only; hand delivery is not permitted.

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Acts Income Tax