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Circulars
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28/2014 - 09-07-2014 Companies Law
Clarification on form MGT-14 through STP mode.
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STP processing of MGT-14 clarified: excludes change of name, object, further issue of capital and conversion.
The circular mandates that e form MGT-14 be processed and taken on record via the Straight Through Process in all cases except filings for change of name, change of object, resolutions for further issue of capital, and conversion of companies; the measure aims to simplify procedures and ensure timely disposal of e forms, with reference to penal provisions for false declaration.
SECURITY MANUAL FOR LICENSED DEFENCE INDUSTRIES
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Security manual for defence licences replaces affidavit requirement and becomes operative guidance for pre production security compliance.
Industrial licences for defence production had required an affidavit committing to implement safety, security and auditing procedures and to follow defence security recommendations; the Department of Defence Production has finalized and published a Security Manual for Licensed Defence Industry, and applicants are no longer required to submit that affidavit, with the manual serving as the operative guidance for pre production security compliance.
Introduction of additional facilities in the EDI System ICES 1.5 version -Reg.
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Interim interest collection automated in EDI, with supplementary challans for short payments and in system finalization of provisional assessments.
The ICES 1.5 EDI update adds three operative facilities: electronic generation and capture of interim interest for warehoused goods (SUX role) with adjustment at final Ex Bond; a system option to generate supplementary challans for interest short payments without re assessment (APR role); and in system finalization of provisional assessments by FAO and approval by FDC, with differential duty challans generated from ICLK and bond re crediting by ACL, and PCA selection only after finalisation.
Foreign Exchange Management Act, 1999 –Import of Rough, Cut and Polished Diamonds
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Clean Credit for diamond imports permitted with extended repayment period under FEMA; AD banks must ensure KYC and AML compliance.
Permission is granted for Clean Credit financing for import of rough, cut and polished diamonds, allowing foreign suppliers to extend credit to Indian buyers without Letters of Credit, Letters of Undertaking or Indian bank fixed deposits for a period not exceeding 180 days from the date of shipment; AD Category - I banks must conduct due diligence and comply with Reserve Bank KYC and AML standards and scrutinise large or abnormal transaction increases.
Delivery Instruction Slip (DIS) Issuance and Processing
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Delivery Instruction Slip transition rules allow limited transit acceptance of old slips and require DP notification to holders.
The circular directs depositories and Depository Participants to strengthen supervision of Delivery Instruction Slip (DIS) issuance and processing: DPs must inform Beneficial Owners that old DIS cannot be used after receipt of new DIS, permit a limited transit acceptance period for old DIS, publish and communicate the requirements, amend bye-laws as necessary, and report implementation status to the regulator.
Export of 8,100 MTs of raw sugar to USA under Tariff Rate Quota.
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Tariff rate quota allocation permits export of raw sugar to USA while preserving existing GSP and certification procedures.
The Director General of Foreign Trade allocates 8,100 MTs of raw sugar (98 Pol) from the non-levy quota for export to the United States under the Tariff Rate Quota, to be exported through M/s. Indian Sugar Exim Corporation Ltd; existing procedures for preferential export, including issuance of GSP certificates and other prescribed certification requirements for sugar exports to the United States, shall continue to apply.
Removal of Alex Stewart International (Aust) Pty. Ltd., Australia from the list of Inspection and Certification Agencies (Appendix 5)
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Pre-Shipment Inspection Agency de-listing renders the entity immediately ineligible to issue inspection certificates under Appendix rules.
The Director General of Foreign Trade amended Appendix 5 of the Handbook of Procedures to delete Alex Stewart International (Aust) Pty. Ltd. from the list of Inspection and Certification Agencies; the deletion is effective immediately and the entity is rendered ineligible to issue Pre Shipment Inspection Certificates under the Foreign Trade Policy framework.
Financial Commitment (FC) by Indian Party under Overseas Direct Investments (ODI) – Restoration of Limit
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Financial commitment limits for overseas direct investments restored; substantial annual commitments now require prior central bank approval.
Restoration of the pre-August 14, 2013 limit governs Financial Commitment (FC) by an Indian party for Overseas Direct Investments (ODI) under the automatic route, preserving the ceiling linked to 400% of the Indian party's net worth; however, any substantial annual financial commitment above the monetary threshold specified in the Circular requires prior Reserve Bank approval even if the aggregate FC is within the automatic-route limit.
STREAMLINING THE PROCEDURE FOR GRANT OF INDUSTRIAL LICENSES
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Industrial license validity extended; extensions require land tenure, construction commencement, machinery orders and specified approvals.
Industrial license validity is extended to three years. Extension applications must be submitted to the Administrative Ministry sixty days before expiry (or with justification); any changes to company details or licensed capacity must be endorsed on the license. Where applicable, consult the Ministry of Home Affairs and the State Government, with MHA involvement limited to board/key personnel changes and mandatory for defence/explosive sectors. Applicants must show land ownership/lease for thirty years, commencement of construction (local body certificate), and orders for plant and machinery. Transfers, suspensions or cancellations during the period preclude extension. Renewals are for two years and licenses without production within five years lapse; extensions may be approved by the Joint Secretary without Licensing Committee referral.
Guidelines issued under Section 36(1)(a) of the Banking Regulation Act, 1949 - Implementation of the provisions of Foreign Contribution (Regulation) Act, 2010
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Foreign contribution regulation: banks must verify registration, use designated accounts and report remittances under statutory rules.
The Foreign Contribution (Regulation) Act, 2010 requires persons with defined cultural, economic, educational, religious or social programmes to obtain a certificate of registration or prior permission before accepting foreign contribution; designated recipients must receive foreign contribution only into a single specified bank account, banks must verify registration/permission status and report prescribed remittance particulars to the specified authority in the prescribed form and manner, and transfers, utilisation and mixing of funds are restricted with enforcement powers for inspection, seizure and penalties.
Standard Operating Procedure on filing of Appeals/ Special Leave Petitions (SLPs) by the Income tax Department in the Supreme Court and related matters: instructions regarding- Revised Proforma B to Instruction No 4/2011 dated 09.03.2011- reg.
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Special Leave Petition filing requires revised Proforma B and procedural compliance, including limitation tracking and document certification.
Revised Proforma B prescribes a standardized departmental submission to propose filing Special Leave Petitions, requiring identification of the case and disputed issues, itemised tax effect, confirmation whether monetary limits or specified exceptions apply, precise dates for the High Court order and certified copy process with computed limitation excluding delay between request and readiness, explanation for any forwarding delay, enclosure and legibility of specified appellate documents with a soft MS Word copy, a focused factual note identifying errors of law or fact, articulation of substantial questions of law, disclosure of related-year litigation and relied-upon precedents, and communicable contact and certification details of the forwarding CIT.
Dispatch of physical Statements to BOs having Zero Balance and Nil Transactions
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Annual physical statement dispatch for zero balance demat accounts may be discontinued if no maintenance charge is received.
DPs must send at least one annual physical statement of holdings to BOs whose demat accounts have zero balance and nil transactions after one year and inform BOs that dispatch may be discontinued if the account continues to remain zero balance; non-receipt of Annual Maintenance Charge may also justify discontinuance. Electronic statements must be sent to BOs with registered email ids, and DPs must provide physical statements on request. Suspended securities are excluded when valuing holdings for BSDA eligibility. Depositories must amend bye-laws, notify DPs, disseminate the circular, and report implementation to SEBI.
Master Circular on Foreign Investment in India ((Amended upto April 08, 2015)
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Foreign Direct Investment rules govern entry routes, eligible instruments, pricing and reporting obligations for non resident investors.
Foreign investment in India is governed by FEMA and the Government's FDI policy, permitting investment via the Automatic or Government Route, subject to sectoral caps, eligibility rules, and a list of prohibited activities. Permissible instruments include equity and fully convertible securities, subject to SEBI pricing for listed issuers or fair-value certification for unlisted issuers. Payment modes include inward remittance, permitted foreign currency accounts, conversion of external liabilities and escrow arrangements. Detailed rules cover modes of investment, transfers, downstream investment attribution, reporting timelines and auditor certification, with AD Category I banks and RBI/FIPB sharing operational and approval responsibilities.
Master Circular on Exports of Goods and Services (Updated upto May 14, 2015)
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Export Realisation and Repatriation: exporters must repatriate full proceeds within prescribed period and banks must ensure compliance.
The circular mandates that exporters declare transactions on EDF/SOFTEX forms, realise and repatriate export proceeds within prescribed periods, and route receipts through AD Category I banks under specified modes (including NOSTRO/ACU/OPGSP arrangements). AD Category I banks must perform due diligence, KYC/AML checks, retain and report duplicate declaration forms, monitor outstanding export bills via XOS/ENC returns, permit certain facilities (EEFC/DDA/foreign currency accounts, third party payments, set off/netting) subject to conditions, and follow procedures for extensions, write offs and audit verification.
Master Circular on Import of Goods and Services (As amended up to June 18, 2015)
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Import of Goods and Services rules clarify FEMA based RBI compliance for banks on remittances, documentation, and advance payment safeguards.
This Master Circular consolidates RBI directions under FEMA governing the Import of Goods and Services and details obligations of AD Category - I banks: ensure conformity with Foreign Trade Policy and KYC/AML norms, discontinue Form A 1, obtain and verify import licences and documentary evidence of import, and observe time limits for settlement. It prescribes conditions for advance remittances (including guarantees or standby LCs above specified thresholds), sectoral exceptions for rough diamonds, aircraft and BPO equipment, rules on interest for usance bills, replacement imports, third party payments, preservation and verification of import evidence, reporting via BEF/XBRL, and specific regimes for gold, precious metals, factoring and merchanting trade.
Master Circular on External Commercial Borrowings and Trade Credits (Updated up to June 11, 2015)
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External Commercial Borrowings rules: automatic and approval routes define eligibility, permitted end uses, security and reporting requirements.
The Master Circular prescribes that ECBs, FCCBs, FCEBs and Trade Credits are governed under FEMA/RBI rules and may be raised via the Automatic Route (eligible corporates, NBFCs, MFIs, NGOs, SEZ units from recognised lenders subject to amount, maturity, all in cost and end use limits) or the Approval Route (for proposals outside automatic limits or by specified entities). It defines recognised lenders and eligible end uses (capital investment, infrastructure, specified services, overseas JV/WOS, IDC), prohibits certain end uses (capital market investment, real estate, general corporate purpose save exceptions), sets all in cost ceilings, security/guarantee rules, parking of proceeds, prepayment/refinance conditions, reporting (LRN, Form 83/ECB 2) and delegates procedural powers to AD Category I banks.
Master Circular on Direct Investment by Residents in Joint Venture (JV) / Wholly Owned Subsidiary (WOS) Abroad (Amended up to May 06, 2015)
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Overseas Direct Investment: automatic and approval routes govern resident investments abroad with prescribed limits and reporting.
Overseas direct investment in JVs and WOS abroad is governed by the 2004 Notification under FEMA, with two principal routes: the Automatic Route permitting investments subject to prescribed ceilings and conditions, and the Approval Route for other cases. Indian parties must file Form ODI via a designated AD Category I bank, obtain a Unique Identification Number, and comply with valuation, reporting, funding source and KYC requirements. Prohibitions apply to investments in real estate trading, banking and rupee linked financial products without prior approval, and regulated entities in the financial sector must meet additional prudential and regulatory preconditions.
Master Circular on Memorandum of Instructions governing money changing activities (As updated on March 25, 2015)
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Authorisation of money changers requires licensing, minimum capital, KYC/AML compliance and Reserve Bank oversight for operations and branches.
The Reserve Bank's Master Circular prescribes that entities conducting money-changing business must obtain licences, meet company registration and minimum Net Owned Funds criteria, file specified incorporation and audited financial documentation, implement KYC/AML/CFT policies, and satisfy 'fit and proper' tests for entities and directors; licences and branch or franchise approvals are subject to Reserve Bank clearance, commencement timelines and ongoing reporting, audit and supervisory requirements.
Master Circular on Compounding of Contraventions under FEMA, 1999
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Compounding of contraventions under FEMA enables voluntary resolution of admitted foreign exchange breaches upon quantified payment.
The circular consolidates the Reserve Bank's procedure for compounding of admitted contraventions under FEMA, 1999 and the Compounding Proceedings Rules, 2000. It sets out institutional competence (RBI versus Directorate of Enforcement), delegation of powers to specified officers and Regional Offices, application format and annexure requirements for FDI/ECB/ODI/LO BO cases, timelines for disposal, factors for quantification of the compounding sum, and post compounding consequences including payment, certificate of realization and ineligibility where statutory approvals are lacking or repeat contraventions occur within three years.
Master Circular on Remittance Facilities for Non-Resident Indians / Persons of Indian Origin / Foreign Nationals (Amended up to January 22, 2015)
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Remittance facilities under FEMA govern repatriation of income and sale proceeds subject to tax, documentation, and bank verification.
The Circular consolidates FEMA rules permitting remittance of current income and repatriation of balances and sale proceeds by NRIs/PIOs and eligible foreign nationals through NRO/NRE/FCNR(B) accounts, subject to documentary evidence, income tax compliance and satisfaction of authorised dealers. It allows re designation of resident accounts as NRO accounts for departing foreign nationals to receive bona fide dues, prescribes limits and property specific repatriation rules for immovable property bought with foreign exchange, excludes specified nationalities from certain facilities, and requires AD Category I banks to implement controls, obtain declarations, and verify tax payment before permitting repatriation.

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