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02 - 26-04-2005 VAT - Delhi
Clarification on items to be covered under "Textile", "Sugar", "Tobacco", "Paper" & "Printed material
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Classification of goods under VAT schedules clarifies which items constitute textile, sugar, tobacco, paper and printed material categories.
Clarification defines which items fall within the VAT categories Textile, Sugar, Tobacco, Paper and Printed material. Textile, sugar and tobacco adopt descriptions from the First Schedule to the Additional Duties of Excise (Goods of Special Importance) Act. Paper includes specified types and boards but excludes photographic paper and waste paper. Printed material covers specified stationery and cards but excludes books meant for reading.
01 - 26-04-2005 VAT - Delhi
Requirement of Security in case of Govt. Organisations, PSUs, Govt. Undertakings, etc
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Security waiver for government entities under VAT permits registration without prescribed security based on creditworthiness.
The Commissioner, invoking sub section (2) of Section 25 of the DVAT Act, 2004, has withdrawn the condition that Government Organisations, Public Sector Undertakings and Government Undertakings must furnish security as a condition of registration, applying to entities now registering after repeal of prior sales tax exemptions.
TN 14/2005 - 25-04-2005 Central Excise
clarifying certain points relating to the Central Excise Valuation
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Valuation of free samples under Rule 4; removals after CENVAT credit governed by Rule 3(5) of Cenvat rules.
For goods distributed free as samples, gifts or donations, value must be determined under Rule 4 of the Central Excise Valuation Rules, 2000. Where inputs or capital goods on which CENVAT credit was availed are removed as such, valuation and adjustment follow Rule 3(5) of the Cenvat Credit Rules, 2004. These clarifications supersede the earlier circular and are circulated to trade associations.
Clarification with regards to valuation of the goods, reg.
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Valuation of excisable goods: free samples and removed inputs clarified under valuation and CENVAT rules.
Valuation of free samples, gifts or donations is to follow Rule 4 of the Central Excise Valuation Rules; valuation for removal of inputs or capital goods on which CENVAT credit was taken is governed by Rule 3(5) of the Cenvat Credit Rules, 2004. These clarifications supersede prior guidance and should be notified to trade.
External Commercial Borrowings (ECB) for Non-Government Organisations (NGOs) engaged in micro finance activities under Automatic Route
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External Commercial Borrowings for NGOs in microfinance permitted under automatic route with strict due diligence and compliance requirements.
Access to External Commercial Borrowings is permitted for NGOs engaged in micro finance under the Automatic Route, provided the NGO has a three year satisfactory borrowing relationship with an authorised dealer and a due diligence certificate on the governing body. ECB proceeds must be used only for lending to self help groups, micro credit, bona fide micro finance activities and capacity building. Lenders must be recognised international institutions or overseas entities/individuals meeting due diligence and KYC safeguards, and all standard ECB parameters and reporting obligations, including hedging of forex exposure and loan registration, must be complied with.
Establishment of Liaison Offices in India by foreign Insurance companies
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Establishment of Liaison Offices: foreign insurers with regulator approval may set up liaison offices subject to FEMA conditions.
General permission is granted for foreign insurance companies to establish Liaison Offices in India with prior approval from the insurance regulator, subject to FEMA conditions and the annexed terms. Liaison Offices are confined to approved liaison activities, must not undertake commercial activities, earn remuneration, borrow or accept deposits locally, and must meet all expenses from funds received from abroad through normal banking channels. They must obtain prior permission for immovable property transactions beyond short-term leases, maintain restricted signing powers and head office accounts for local expenses only, furnish an annual auditor's certificate of compliance, and remain subject to regulatory scrutiny and Indian laws.
Clarification regarding Public Notice No.31 dated 14.12.04 for issuance of Advance Licences for Pepper
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Advance licence issuance restrictions on specified agricultural imports; no CIF enhancement allowed for prior licences after restriction.
Standard Input Output Norms entries in the Food Products group deleted by Public Notice No.31 remain deleted despite their erroneous reappearance in a Handbook compilation and must be treated as deleted from the original notice date. Separately, para 4.7 restricts issuance of Advance Licences for specified categories of agricultural items and licensing authorities must not allow enhancement of CIF value on licences issued prior to the restriction for exports occurring after the restriction; regional licensing authorities must comply.
Hand Book Of Procedures - Declaration/Undertaking in Terms of Para 4.7/4.4.2
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Advance licence conditions: exporters must exclude specified agricultural items and obtain biotechnology NOC before licence issuance.
Advance licences may be issued on self-declaration subject to exclusions: imports of animal organs, pepper and specified agricultural categories (edible oils, oilseeds, cereals, certain high-duty spices, and certain high-duty fruits/vegetables) are barred from the self-declaration route. Perfumes, perfumery compounds and feed ingredients with vitamins must be processed under the alternate procedural route pending Advance Licensing Committee approval. Biotechnology-related exports or imports require a Department of Biotechnology No Objection Certificate before an Advance licence will be issued. Applicants must submit the prescribed declaration/undertaking identifying applicable exclusions or requirements.
Amendments in the Handbook of Procedures (Volume I)
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Export compliance certification updated with new export realisation thresholds and documentation, plus procedural and shipment rule amendments.
Applicants for Importer Exporter Code must annex two banker attested passport photographs. Appendix 26 certification is revised to set export realisation thresholds for preceding and current licensing years and to require declaration of outstanding export proceeds for status renewal and EPCG redemption. Licence/certificate/permission may be revalidated on merits for a six month period by the issuing authority. EOUs receive clarified wastage eligibility and limited personal carriage export concessions subject to shipping bill and bank realisation proof. Importers must maintain a prescribed consumption register. DGFT field offices act as Export Facilitation Centres and Standing Grievance Committees with industry representation are constituted. Date of shipment rules are prescribed by transport mode with transitional protection for consignments already with Customs.
Amendments in the validity period of import licenses /certificates/permission/CCP etc. issued during the period w.e.f. 1.4.2004 to 31.8.2004
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Import licence validity extensions provide longer operative periods and require licence endorsement to obtain the extension.
Amendment extends validity periods for various import licences and related instruments issued in the earlier specified period: Advance Licences (including Annual Requirement), DFRC and Replenishment for Gem & Jewellery-24 months; EPCG (other than spares)-36 months; EPCG for spares, refractories, catalyst and consumables-co-terminus with EPCG Export Obligation; others including CCP and Duty Entitlement Passbook Scheme-24 months unless specified; Advance Licence for deemed export-24 months or co-terminus with contracted project execution period, whichever is later. Licence holders must present licences for endorsement by licensing authorities to receive the extended validity.
Abeyance of Application received relating to Appendices 17D for DFCE under EXIM Policy (2003-04) and Target Plus Scheme under Foreign Trade Policy (2004-05) issued under PN. 69 and 70, DT. 07/04/2005
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Abeyance of DFCE and Target Plus applications - RLAs must halt acceptance pending revision and fresh notification.
Pending revision of Appendices 17D, following industry requests to simplify documentation, DGFT instructs Regional Licensing Authorities not to accept new applications for DFCE or Target Plus benefits and to keep any already received applications in abeyance until fresh appendices are notified.
Various guidelines under the DVAT Act
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VAT registration procedures ensure certificate issuance and post registration visits to verify dealer compliance and surety security.
Guidelines prescribe issuance and endorsement of the Registration Certificate by the VATO/Registering/Notified Authority based on the application, enclosures and the surety verification report; pre registration inspections are not required but a friendly post grant visit by VAT inspectors will verify dealer facts and working. Surety bonds and securities will be verified internally (manually until system verification exists) and bank guarantees or other securities will be verified within an administrative timeframe. Photocopy comparison with originals occurs during the friendly visit where necessary. Notices proposing rejection must be physically served and applicants must supply surety identity proof and contact numbers.
No Norms Cases - Electronic Filing of Application Made Mandatory w.e.f. 2/5/05
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Electronic filing requirement for No Norms Cases now mandatory; manual advance licence applications are no longer accepted.
Electronic filing is mandated for applications in respect of No Norms Cases under the Advance Licence scheme; manual submissions will not be accepted. The office will accept such applications only through electronic mode and manual applications for No Norms Cases are barred, with reference to the earlier trade notice.
Applicability of Para 9.4 of HB. of Procedures for granting supplementary claim of DFCE for service providers
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Supplementary claim reduction applies to DFCE service-provider claims, increased penalty for six-month delays, claims after six months barred.
Supplementary DFCE claims by service providers filed on or before the last prescribed date will be allowed with a 10% cut on entitlement under Para 9.4. Claims filed after the last date but within six months will incur a 20% cut (combining Para 9.3 and Para 9.4 reductions). Claims submitted after six months of the last prescribed date will not be entertained. The clarification applies across all Export Promotion Schemes under the Foreign Trade Policy.
Income-tax Act, 1961 : Deduction under section 80HHC of the Income-tax Act, 1961
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Deduction under section 80HHC: assessment and recovery proceedings on reopenings to be kept in abeyance temporarily.
The Board directs assessing officers to keep in abeyance until 30th June 2005 all assessment and recovery proceedings reopened specifically to reassess deduction claims arising from sale of DEPB scrips; reopening notices under the statutory provision may be issued but subsequent proceedings are stayed. Where a case is barred by limitation on or before 30th June 2005 the stay on reassessment does not apply, though recovery proceedings in such cases remain in abeyance until that date.
Goods transport agency — Abatement of 75% — Circular withdrawn
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Goods transport agency abatement withdrawn; prior circular on notification applicability rescinded, altering service tax guidance.
The Department of Revenue withdrew the Directorate's March 2005 letter on the applicability of Notification No. 32/2004 concerning the 75% abatement for goods transport agency services, rescinding that prior guidance so the notification's terms govern service tax treatment without reliance on the withdrawn circular.
135 - 08-04-2005 VAT - Delhi
VAT Jurisdiction
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Value added tax implementation triggers departmental transfers and reassignments to audit, enforcement and customer service branches.
Implementation of the Delhi Value Added Tax Act & Rules w.e.f. 01/04/2005 prompts transfers and postings of named LDCs, UDCs, SIs and SAs to specified wards and branches-notably to the Audit Branch, Key Customer Services, Enforcement, Dispute Settlement, Accounts, PR, Care Taking, R & S and a Co ordination Cell-and requires transferred officials to continue performing any duties and statutory functions under the prior system insofar as they relate to their new postings.
134 - 08-04-2005 VAT - Delhi
VAT Jurisdiction
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Implementation of Delhi Value Added Tax Act prompts departmental transfers and requires officers to retain statutory duties under prior system.
Consequent to the implementation of the Delhi Value Added Tax Act & Rules w.e.f. 01/04/2005, an administrative order effects transfers and postings of LDCs, UDCs, SIs and SAs to specified wards/branches, and requires those officers to also perform duties and statutory functions under the prior system for the wards/branches to which they are posted.
133 - 08-04-2005 VAT - Delhi
VAT Jurisdiction
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Value Added Tax implementation prompts staff transfers to Tax Payer Services to coordinate DVAT operations.
An administrative order implements staff reassignments following the Delhi Value Added Tax Act & Rules, transferring specified LDCs and UDCs from their wards/branches to the Tax Payer Services unit (with limited exceptions to Accounts, Audit, Care Taking, KDU and PR Branch). Appointees will serve as liaison between the front office and ward operations to coordinate activities under the DVAT regime.
132 - 08-04-2005 VAT - Delhi
VAT Jurisdiction
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VAT administration reorganisation assigns tax officers to units to implement VAT Act and discharge statutory duties.
Order reallocates Sales Tax Inspectors and VAT Inspectors to operational and specialised units-Operations Unit, Key Dealer Unit, Dispute Settlement Unit, Old Recovery Branch and Co-ordination Cell-to perform and discharge functions and duties under the Delhi Value Added Tax Act and Rules with immediate effect; transferred officers are also required to continue any applicable duties under the prior organisational system for the wards/branches to which they are posted.

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