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Circulars
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Regarding payment of cess twice on the same tea.
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Cess on tea: cess previously paid at an earlier stage is not payable again under amended notification, enforcement clarified.
Clarification that the cess under the Tea Act must not be collected twice on the same tea where cess has already been paid at an earlier stage; collection by Central Excise must follow Notification No. 287(E) dated 4.4.94 as amended by Notification No. 1086(E) dated 11.11.99, and trade notices should be issued to inform the industry.
Clarification sought by PHD Chamber of Commerce and Industry on various difficulties being faced by Service Tax assessees - Regarding
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Single penalty rule for multiple service tax defaults affirmed; simplified registration and leniency for minor short-payments permitted.
Only one penalty may be imposed for a given service tax default even if multiple taxable services are involved. PAN based 15 digit STC/STP codes should be allotted via simple registration forms and non allotment within the short prescribed period should be escalated to the jurisdictional Assistant/Deputy/Commissioner. Jurisdictional officers must accept the assessee's declaration and grant registration within seven days. For minor short payments, officers should allow deposit of tax with interest and permit statutory mitigation where conditions are met; otherwise normal recovery follows.
Service Tax – Monetary limits and powers of adjudication of officers of Central Excise in relation to Service Tax Rules, 1994 – regarding
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Adjudication limits: only jurisdictional ACs and DCs may determine service tax short-levy matters per Finance Act provision.
Adjudication of service tax short-levy cases is to be carried out only by the jurisdictional Additional Commissioners/Deputy Commissioners of Central Excise pursuant to the Finance Act provision, limiting authority to issue show cause notices and determine short levy; prior Board circulars on monetary limits and powers inconsistent with this allocation are withdrawn and superseded, and field formations must be informed and a trade notice issued.
Fixation and modification of input and output norms
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Fixation and modification of input-output norms: amendments to standard input-output norms and addition of specific entries.
The Director General of Foreign Trade amends the Handbook of Procedures, Vol. II, by making specified amendments, substitutions, deletions, suspensions and additions to the Standard Input Output Norms. The Public Notice adds new SION entries for Chemicals (A-3301-A-3305), Engineering (C-1949-C-1954) and Miscellaneous products (K-164-K-166), and Annexures A-D set out detailed export items, permitted import inputs, allowed quantities, and provisos including CIF/FOB limits and duty-exemption scope for certain precious-metal content.
Delay in release of consignments due to classification disputes, seizure and provisional release thereof-reg
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Provisional assessment: allow release of disputed consignments pending classification, subject to security to protect revenue.
Consignments with classification disputes should ordinarily be released by resort to provisional assessment or provisional release unless import is prohibited or prosecution is contemplated; samples may be drawn and adequate bank guarantees or security obtained to protect revenue, fines and penalties. If detention is necessary, the consignment should be transferred to a Customs warehouse rather than held in general custody.
Mentioning of bank account number and PAN by investors
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Permanent Account Number requirement: mutual fund investors must provide PAN or declare non allotment for high value applications.
Mutual fund applicants must provide their PAN or, if not allotted, the GIR number and income tax Circle/Ward/District, or state non allotment; in joint applications each applicant must do so. Application forms lacking these identification details must not be accepted by the mutual fund, as part of strengthened know your client procedures under SEBI mutual fund regulation.
Changes in customs/excise duties in respect of iron and steel and coal.
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Excise duty reduction on iron and steel and customs cuts on coal and pig iron reduce import and production costs.
Reductions in central excise and customs duties were announced for specified iron, steel and coal products. Excise duty on chapter 72 goods (iron and steel) was reduced, and customs duty rates for pig iron, non coking coal and low ash coking coal were lowered or exempted. Notification Nos. 44/2004 Customs and 16/2004 Central Excise were issued to give effect to the changes and to set the operative commencement of the revised rates, with dissemination via electronic channels and the department website.
Amendment/correction in the schedule of DEPB rates
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Suspension of DEPB rates temporarily removes export incentive entitlement for specified engineering product entries, effective administrative correction.
An administrative amendment temporarily suspends DEPB benefits for specified entries in the Schedule of DEPB rates for Product Group: Engineering (Product Code: 61). The Director General of Foreign Trade, exercising powers under the Export and Import Policy and Handbook of Procedures, lists the affected serial numbers with their DEPB rates and CAP Values and declares the suspension effective from 27th March 2004, removing DEPB entitlement for those items until further notice.
Amendment in the Handbook of Procedure Vol. I
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Bank Guarantee and Legal Undertaking rules clarified: category based BG/LUT requirements and corporate guarantee option established.
Certification requirements for installation and spares are relaxed to permit certificates from the jurisdictional excise authority or an independent chartered engineer. The licence undertaking now requires refund of customs duty with interest where imports lack nexus with export product. Bank guarantee/LUT obligations are set by exporter category, with status holders/PSUs eligible for LUT, risk based BG requirements for others, provisions for nil excise duty procurement, validity/extension rules, retrospective BG exemption, and an option for corporate guarantees in lieu of BG/LUT.
Fixing of ‘Single Day” for release of “ Public Notice” by field formations-reg
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Public Notice scheduling: issuance on set Mondays, with immediate release for Board directives or revenue-sensitive matters.
Public Notices from Customs field formations are to be issued on the 1st and 3rd Mondays of each month, with issuance moved to the next working day if a designated Monday is a holiday. Notices that are based on Board circulars, instructions or notifications, or whose delay would cause revenue loss or clearance delays, must be issued immediately; field formations must inform concerned parties and ensure strict compliance.
Piecemeal Queries on Bills of Entries/Shipping Bills by the field formations -reg
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Piecemeal queries on import/export declarations should be avoided; EDI administrators must control and prevent frivolous queries.
Officers assessing Bills of Entry and Shipping Bills should avoid raising piecemeal queries that delay assessment and clearance; queries should be consolidated where practicable. In EDI-enabled operations, Systems Managers/Administrators must monitor and control the number and nature of queries to prevent frivolous or unnecessary requests, and the Board's instructions are to be communicated to all concerned.
Implementation of uniform security specific actions
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Uniform security-specific actions must be applied across exchanges; non-compliant exchanges must block normal settlement trading.
All stock exchanges must implement uniformly the security specific surveillance measures decided by the principal exchanges-including transfers between rolling settlement and trade for trade segment, imposition of margins, and suspension of trading-by obtaining information from the principal exchanges' websites and implementing decisions concurrently. If an exchange cannot implement a decision for a particular scrip, it shall not permit that scrip to trade in normal rolling settlement; non principal exchanges must report implementation status in the Monthly Development Report. The circular is issued under Section 11 (1) of the SEBI Act.
Amendment/correction in the schedule of DEPB rates
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Amendment to DEPB rates updates export benefit rates and product descriptions, correcting rates and value caps with retrospective effect.
The Public Notice substitutes the Engineering DEPB schedule, corrects multiple DEPB rates and text descriptions across product groups, and records a retroactive rate correction for Engineering Sl. No. 353. It also amends DEPB rates and per unit value caps for specified Engineering entries (Sl. Nos. 410, 411, 412 and 530). These changes are made under the Export and Import Policy and Handbook of Procedures and take effect from the dates specified in the notice.
Trade Notice No. 2/2003 Dated 15/07/03 - This office had started issuing IECs with dummy PAN
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PAN compliance: IECs issued with dummy PAN must be updated with real PAN or face blocking.
Holders of IECs issued with dummy PANs must re-submit original IECs with self-certified copies of the actual PAN issued by Income Tax authorities/UTI to get their IECs updated with the real PAN; non-compliant IECs will be blocked. The temporary practice of issuing IECs with dummy PANs has been discontinued and new applicants must submit a self-certified PAN copy or authenticated communication evidencing the allotted PAN, effective immediately.
Misuse/abuse of DEPB Scheme by M/s. S.S. Watch Industries, Jaipur and others – reg
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Misuse of DEPB Scheme uncovered: recycling of exported-imported watches to claim illicit export benefits, officers alerted.
Misuse of the DEPB Scheme was effected by recycling India-made watches: exporters overvalued outbound consignments to a foreign buyer and subsequently re-imported identical watches declared at a much lower unit value and false origin to repeatedly claim DEPB export credits. Evidence shows large volumes and significant alleged export-benefit claims, with possible hawala-linked remittances; customs field officers are instructed to note the modus operandi, prevent recurrence and assist ongoing investigations.
Issuance of Electronic Contract Notes – Debt Market
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Electronic contract note adoption required for debt market; exchanges must amend rules and notify members.
Stock exchanges must adopt a standard model format for electronic contract notes in the debt market by amending bye laws, rules and regulations immediately; notify and disseminate the requirements to member brokers and clearing members; and report implementation status to SEBI in the Monthly Development Report. The circular applies related procedural requirements from prior equity guidance and is issued under SEBI's regulatory powers to protect investor interests and promote market development.
Foreign Exchange Management Act (FEMA), 1999 – Current Account Transactions – Liberalisation
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Current account liberalisation: removal of prior approval for specified resident remittances, empowering authorised dealers to allow transactions.
The circular liberalises current account transactions by removing specified government and RBI prior-approval requirements and empowering Authorised Dealers to permit a range of resident remittances, including overseas health insurance, artiste fees, agent commissions within transactional limits, short-term credit to overseas offices, advertisement payments, royalty and lump-sum technical-fee remittances subject to existing ceilings, and use-of-trademark/franchise payments while retaining approval for trademark purchase; transponder hiring approval is reassigned to the Ministry of Information & Broadcasting.
Minimum contract size for Exchange traded derivative contracts
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Minimum derivative contract value requirement adjusted; exchanges to alter lot sizes to maintain threshold with prior market notice.
A prescribed minimum contract value must be met for exchange-traded derivatives; where contract value equals or exceeds higher thresholds Exchanges must reduce lot size/multiplier (by specified fractions) and where contract value is below the minimum Exchanges must increase lot size/multiplier in multiples of two to bring contract value to the minimum. The prior requirement that lot size be a multiple of 100 is revoked.
50% reduction in application fee available w.e.f. 1/4/2004 to only digitally signed applications
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Digital signature requirement: fee concession confined to electronically signed applications with EFT from announced effective date; password filing withdrawn.
Applicants must submit electronically signed applications on the DGFT web portal and pay application fees via Electronic Fund Transfer to qualify for the fee concession; password-based electronic filing is permitted only until the transitional cut-off, after which the concession will be restricted to the digital signature/EFT route. Service providers under MOUs will provide smart cards and bank account linkage, and procedural guidance on EFT and digital signatures is available in the referenced appendix.
External Commercial Borrowings (ECB) for Overseas Direct Investment/Mergers and Acquisitions
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External Commercial Borrowings for overseas direct investment now permitted to fund JV/WOS formation and cross border mergers and acquisitions.
ECB proceeds may be raised by eligible resident corporates to finance overseas direct investment in JVs/WOS, including mergers and acquisitions, subject to existing ECB parameters and applicable Indian direct investment guidelines; such proceeds must be parked overseas until utilised for the investment, and the amendment is effective immediately under the Foreign Exchange Management Act.

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