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Circulars
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Amendment in the Handbook of Procedures, Vol.I, 2004-2009
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Deemed export benefits conditioned on recipient non-availment of CENVAT, with prescribed declarations and claim procedures.
Deemed export benefits are permitted only if the recipient has not availed CENVAT credit; suppliers must furnish recipient non-availment declarations with Central Excise registration details or a recipient declaration of non-registration, and a supplier declaration on excisability and CENVAT/rebate non-availability. Claim procedures are specified: certain supplies require claims against banked payments in Appendix-22A within six months of payment; other supplies allow claims based on proof of supply or payment, filed monthly, quarterly, or half-yearly as chosen, within six months from the end of the chosen period, including part payment claims. Appendix 12(B) is amended to include these document requirements.
SION - Self Declared licences where SION does not exist
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Self-declared Advance licences allowed where SION absent, subject to final adjustment under ALC-fixed Adhoc or SION.
The amendment deletes specified Standard Input Output Norms and permits the licensing authority to issue Advance Licences where SION are not fixed based on applicant self-declaration and an undertaking, with a final adjustment to be made according to Adhoc norms or SION fixed by the ALC; issuance is expressly excluded for imports of horn, hoof and other animal organs, pepper, and any items the DGFT may notify.
Amendments/additions/corrections in Standard Input Output Norms
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Standard Input Output Norms amendments expand and revise SION entries affecting chemical, textile, plastic and food import-export inputs.
DGFT, invoking powers under the Foreign Trade Policy and Handbook of Procedures, amends the Standard Input Output Norms in Handbook of Procedures Vol.2 by making substitutions, corrections and deletions listed in Annexure A, and by adding new SION entries: chemical and allied products A-3471 to A-3490 (Annexure B), textile products J-363 to J-368 (Annexure C), and miscellaneous products K-169 to K-170 (Annexure D), each specifying export items and corresponding permitted import inputs and quantities for incorporation into the Handbook.
Amendments to Clause 16 of the Equity Listing Agreement – Requirement of Notice Period
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Notice period for corporate actions increased for securities with derivatives, requiring longer advance notice to stock exchanges.
Companies whose shares carry listed derivatives or form part of an index with derivatives must give extended advance notice to stock exchanges for corporate actions limited to mergers, de mergers, splits and bonus issues. Stock exchanges must implement the change immediately, amend bye laws and listing agreements where necessary, notify companies and publish the circular for investor access.
Return of deposits made in terms of Section 35F of the Central Excise 1944 and Section 129E of the Customs Act, 1962.
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Return of pre-deposits: refunds must be made within three months and accrued interest paid as directed.
Pre-deposits ordered to be returned following favourable appellate or final authority decisions must be refunded within three months of the final order unless a superior court stay exists. Departmental procedures for refund and payment of interest on delayed refunds are reiterated. Delays beyond this period will prompt disciplinary action and potential recovery of interest liability from defaulting officers. Commissioners must monitor implementation, ensure payment of awarded interest, withdraw similar pending appellate litigation, and report compliance.
Education Cess — Accounting codes
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Education Cess accounting codes established, provisional minor heads opened and receipts to be transferred from Receipt Awaiting Transfer.
Principal Controller instructs Pay and Accounts Offices to account education cess deposits temporarily under the Sub Head/Minor Head "Receipt Awaiting Transfer" within the Major Heads for Customs, Union Excise Duties (Non-shareable Duties) and Service Tax until newly approved Minor Heads for Education Cess are opened, and directs transfer of amounts from Receipt Awaiting Transfer to the new Education Cess Heads when operational.
Accounting of collection of "Education Cess"
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Education Cess accounting: new minor head established and amounts under Receipt Awaiting Transfer must be moved to it.
Direction establishing a provisional Minor Head "504-Education Cess" under the relevant Major Heads and assigning numeric and serial codes; Principal Account Offices must account new levy receipts under Receipt Awaiting Transfer (RAT) pending the new Heads, transfer amounts lying in RAT to the newly opened Heads when operational, and inform Commissioners of Central Excise and Customs of the eight digit serial codes so they may issue a Trade Notice for assessees.
Subject : Accounting of collection of “Education Cess”.
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Education cess accounting: new provisional head established and amounts to be transferred from Receipt Awaiting Transfer.
Collections of the Education Cess are to be accounted provisionally under the Sub Head "Receipt Awaiting Transfer" within the Major Heads for Customs, Union Excise Duties and Service Tax; a dedicated Minor Head for Education Cess has been provisionally opened with specific numeric and serial codes, and amounts held under RAT are to be transferred to the new Heads once official eight digit serial codes are communicated to Commissioners who will issue Trade Notices.
09/2004 - 06-12-2004 Companies Law
Circulation of Notification No. G.S.R. 766(E)
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Companies Auditor's Report amendment circulated for information and necessary action to regional offices and registrars.
Circulation of the Notification publishing the Companies (Auditor's Report) (Amendment) Order, 2004 (G.S.R. 766(E)) is sent to Regional Directors and Registrars of Companies for information and necessary action, with a requirement that recipients acknowledge receipt.
Section 192 of the Income-tax Act, 1961 - Deduction of tax at source - Salaries - Income-tax deduction from salaries during the financial year 2004-2005 under section 192
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Tax deduction at source on salaries: rules for rates, perquisite valuation, employer obligations and electronic TDS compliance.
Deduction of tax at source under Section 192 requires employers to estimate taxable salary (including taxable perquisites), compute income-tax at prescribed rates, deduct tax on average from each salary payment and deposit it to Government within prescribed time; employers may opt to pay tax on non-monetary perquisites themselves, treated as deemed TDS. Employers must obtain/quote TAN and PAN, furnish prescribed certificates (Form 16/Form 16AA) and particulars of perquisites (Form 12BA), file periodic electronic/quarterly and annual TDS statements, verify employees' claims for other incomes or house-property loss via prescribed declarations, maintain specified records for perquisite valuation, and observe penalties, interest and prosecution provisions for defaults.
Allocation of preferential quota for exports to USA
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Preferential tariff rate quota for raw sugar exports maintained; designated agency export certification procedures continue unchanged.
Allocation of a preferential tariff rate quota for raw sugar exports to the USA is made under the Foreign Trade Policy 2004-2009 in favour of M/s. Indian Sugar Exim Corporation Ltd., the designated agency for exports to EU and USA, referencing the applicable ITC(HS) Schedule classification; existing procedures for issuance of GSP certificates and other export-specific certification requirements continue to apply.
Submission of information in conformity with provisions contained in Annexure I to Appendix 10 of Hand Book of procedures (Vol.I) in respect of applications for grant of Advance Licences under Para 4.7 of Hand Book of Procedures (Vol.I)
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Advance licence documentation compliance: submit Annexure I technical and licence documents or risk administrative return of application.
Submission of complete technical and commercial information in conformity with Annexure I to Appendix 10 is required for Advance Licence applications under Para 4.7. The Advance Licensing Committee noted deficiencies, especially non submission of Annexure I documents for Chemicals & Plastics and missing self certified Drug Manufacturing Licence copies. A revised Annexure I checklist is attached; applicants must provide the specified product specific technical disclosures, process flow, material balances, yields, solvent recovery, purity data and relevant licences, otherwise applications may be returned or rejected.
Limit for investment by FIIs in Corporate Debt
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FII investment limits: separate cap for government debt and an additional sub ceiling for corporate debt under ECB rules.
SEBI prescribes separate ceilings for FII debt investments: a cap applies to dated Government securities and T bills (under both 100% debt and 70:30 routes), and a cumulative sub ceiling is fixed for FII investments in corporate debt that is additional to the government debt sub ceiling within the overall ECB ceiling; custodians are required to notify FII clients of these limits.
Constitution of an Expert Committee to advise the Government on the new Company Law
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Company law reform: expert committee to advise on a simplified, flexible statute balancing stakeholder protection and modern business needs.
An Expert Committee is constituted to advise on revision of the Companies Act, 1956 to create a simplified, compact law. The Committee comprises a Chairperson, nominees from central ministries, industry and professional bodies, representatives of banks and financial institutions, senior advocates, and designated special invitees. Secretariat support is to be provided by the Ministry of Company Affairs. Its terms of reference include recommendations on stakeholder responses, statutory compactness, clarity of provisions, rulemaking flexibility and protection of stakeholders and investors, and it must submit a report to the Ministry within a specified short timeframe.
Filing of Applications through digital mode
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Digital signature requirement: traders must adopt the new electronic filing system to replace the password-based ECOM before the cutoff.
The notice requires traders to obtain digital signatures and migrate from the ECOM password-based filing system to the new electronic filing process promptly, urging early compliance to avoid last-minute congestion and processing disruptions when the ECOM system is discontinued.
Applications for grant of GSP Certificate
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GSP Certificate jurisdiction clarified: file applications with the licensing authority for the applicant's registered office, branch, or factory.
Applications for a GSP Certificate must be submitted by the registered/head office, branch office, or factory to the licensing authority having territorial jurisdiction over that office or factory; only applications meeting this jurisdictional filing requirement will be processed, while other applicants should approach the concerned licensing authorities or other designated issuing agencies listed in the relevant appendix.
Exim Bank's Line of Credit of USD 27 million to Government of Vietnam
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Line of Credit to Vietnam: export financing available with specified shipment declarations, limited commission for after sales service, and set timelines.
The circular announces Exim Bank's Line of Credit of USD 27 million to the Government of Vietnam to finance specified categories of exports from India, sets the final dates for opening letters of credit and for disbursement, requires shipments to be declared on GR/SDF forms, and prescribes agency commission rules-generally no commission but permitting up to 5% for goods requiring after sales service with prior approval and specific reimbursement mechanics. Authorised dealer banks must notify exporter constituents and advise them to seek full LOC details from Exim Bank; the direction is issued under foreign exchange statutory provisions.
Registration of FIIs and their Sub-Accounts under the Central Database of Market Participants (MAPIN database) - Clarifications
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MAPIN registration requirement for foreign institutional investors clarified; Form B modified and documentation eased, and fee payment consolidated.
FIIs and their sub-accounts must obtain a Unique Identification Number under the MAPIN regime; SEBI issued a revised Form B and clarifications expanding acceptable proof of address to include SEBI application and approval letters (or SEBI custodian-change letters), specified that Part B need not include net-worth for FIIs/sub-accounts, required relationship entries and notarized power of attorney for authorised representatives in Part C, noted that GDR/FDI investors are not specified investors, and allowed custodians to remit registration fees by consolidated demand draft.
Exporter shall have the flexibility to fix the price and repay the Gold Loan within 180 days
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Repayment flexibility for exporter's gold loan; price fixation allowed within specified post-export period under DGFT notice.
The amendment permits the exporter discretion to fix the price and to repay the Gold Loan within the prescribed repayment window measured from the date of export, as a procedural adjustment to export financing terms under the Handbook of Procedures.
Amendments/additions/corrections in DEPB rates realted to Engineering product group
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DEPB schedule amendment updates engineering product classifications and inserts distinct DEPB entries with specified rates and caps.
Amendment to the DEPB Schedule for Engineering Product Code 61: the export item description at Sr. No. 497 is amended to specify thin-walled engine bearing bushings and thrust washers in steel-backed copper-based high tin alloy. Entry Sr. No. 530 is deleted and replaced, effective 06.10.2004, by 530A for forged alloy steel machined parts/components ( 90% by weight) with DEPB rate 10% and value cap Rs.175/Kg, and 530B for forged stainless steel machined parts/components ( 90% by weight) with DEPB rate 10% and value cap Rs.400/Kg.

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