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41/2012 - 18-12-2012 Companies Law
Filling of Balance Sheet and Profit and Loss Account in extensible Business Reporting Language (XBRL) mode for the financial year commencing on or after 01.04.2011- Corrigendum to General Circular No. 39/2012.
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XBRL filing deadline clarification: filings must be within thirty days from the due date of the company's annual general meeting.
Correction to XBRL filing guidance: the phrase "or within 30 days from the date of AGM of the company" in Paragraph 1 is amended to read "or within 30 days from the DUE date of AGM of the company". All other terms and conditions of General Circular Nos. 16/2012 and 39/2012 remain unchanged; stakeholders and registrars are to apply the corrected deadline reference for filing balance sheet and profit and loss account in XBRL.
Amendments in Appendix 5 of the Handbook of Procedures (Vol.I)
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Pre Shipment Inspection Agencies updated: six agencies added and five agencies' operational regions expanded.
Director General of Foreign Trade amends Appendix 5 of the Handbook of Procedures (Vol. I) to add six new Pre Shipment Inspection Agencies (Geo Chem Middle East; Salamax 1894 (Pty) Ltd.; National Marine Consultants Inc.; Marine Inspection and Logistics International Rotterdam BV; Valueguru Chartered Engineers and Valuers Pvt. Ltd.; New India Shipping Corporation) with specified areas of operation, and to amend the area/region of operation entries for five existing PSIAs (A/S Baltic Control Ltd., Nectar Inspection Services LLC, Geo Chem Far East Pte. Ltd., Worldwide Inspection Services Pvt. Ltd., Asia Globe Trade Ltd.), the amendments taking immediate effect.
Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to Normal Rolling Settlement
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Dematerialisation threshold enables shift from Trade For Trade to Normal Rolling Settlement upon required demat certification.
Companies with connectivity to both depositories may be shifted from Trade for Trade Settlement to Normal Rolling Settlement provided at least 50% of other-than-promoter holdings are dematerialised and a certificate from the Registrar and Transfer Agent (or a practising Company Secretary/Chartered Accountant where no separate RTA exists) is submitted; exchanges must ensure no other grounds for continued TFTS exist and report actions in their Monthly/Quarterly Development Reports.
External Commercial Borrowings (ECB) for the low cost affordable housing projects
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External Commercial Borrowings for affordable housing permitted under approval route with NHB nodal role and specified borrower safeguards.
ECB are permitted under the approval route for low cost affordable housing and eligible slum rehabilitation projects where at least 60% of permissible FSI is for units up to 60 sq m. Developers and qualifying HFCs may borrow subject to detailed eligibility criteria, financial thresholds, loan caps to individual buyers, and mandatory full hedging into rupees. NHB is the nodal agency to certify project eligibility and may raise or on lend ECBs; FCCBs are prohibited and other ECB parameters remain applicable.
40/2012 - 17-12-2012 Companies Law
No Objection Certificate (NOC) from the concerned regulator/Institute for LLP Name approval/incorporation
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Regulator No Objection Certificate requirement: obtain regulator NOC at incorporation and for LLP name changes.
Approval of the professional council or regulator, in the form of a No Objection Certificate (NOC) or in principle approval, must be obtained at the time of application for incorporation or conversion into an LLP where the LLP will carry on regulated professions. For change of name of an existing LLP, the regulator's NOC must be obtained when applying for name approval because the name change is effected through a specific statutory filing route processed in a streamlined mode.
Enlistment of agencies authorized to issue Certificate of Origin – Non-Preferential.
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Certificate of Origin - Non-Preferential: authorization added for two agencies to issue such certificates under Foreign Trade Policy.
Two trade bodies are authorized to issue Non Preferential Certificates of Origin under paragraph 2.4 of the Foreign Trade Policy 2009-2014; their names and contact details are added to the official list of agencies authorised to issue such certificates in the Handbook of Procedures Vol. I, updating the regional appendix and enabling them to perform certification for exporters in their regions.
External Commercial Borrowings (ECB) Policy – Review of all-in-cost ceiling
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All-in-cost ceiling for external commercial borrowings remains extended until further review, maintaining existing ECB policy conditions.
Continuation of the all-in-cost ceiling for External Commercial Borrowings is directed to remain in force until March 31, 2013, subject to review; all other ECB policy aspects remain unchanged. The amended ECB policy takes immediate effect and AD Category I banks must inform their constituents. Directions are issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act and are without prejudice to other statutory permissions.
Trade Credit the Companies in the Infrastructure Sector – (ECB) Are Allowed to avail of Trade Credit up to a Maximum Period of Five years for Import of Capital Goods
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Trade credit extension allows five-year finance for infrastructure capital imports, with relaxed initial contracting for existing credits.
Trade credit for infrastructure-sector companies is permitted up to five years for imports of capital goods (DGFT classified), provided the credit is contracted ab initio for the prescribed minimum period and AD Category I banks do not issue LC/guarantees/LoU/LoC for the extended period beyond three years; existing trade credits benefit from a temporary relaxation reducing the abinitio contracting minimum from fifteen months to six months, while the fifteen month requirement continues for future credits.
Trade Credits for Imports into India – Review of all-in-cost ceiling
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All-in-cost ceiling for trade credits extended pending review, amended ECB policy effective immediately, with banks to notify constituents.
The all-in-cost ceiling for trade credits into India will continue to apply until March 31, 2013 and will be reviewed thereafter; other aspects of Trade Credit policy remain unchanged. The amended ECB policy is effective immediately and subject to review. Authorised Dealer Category I banks are required to bring the circular to the notice of their constituents. The directions are issued under statutory powers and without prejudice to other legal permissions.
Clarification regarding payment of tax on monthly basis by Quarterly Dealers whose tax liability exceeds one lakh rupees.
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Monthly tax deposit requirement for quarterly dealers where aggregate tax liability exceeds threshold, counting VAT, CST and TDS.
Quarterly dealers whose aggregate tax liability exceeds the threshold must remit tax monthly; the aggregate includes liabilities under the Delhi Value Added Tax Act and the Central Sales Tax Act and does not exclude Tax Deducted at Source (TDS), so TDS plus the balance tax payable by the dealer are counted for the threshold determination, and affected dealers must make the specified monthly deposits by the stated deadline.
Regarding Taxability of Set Top Boxes (STBs).
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Transfer of right to use goods: set top box leases are deemed sales and subject to value added tax under law.
Set top boxes supplied on lease or against refundable securities constitute a transfer of right to use goods and are a deemed sale under the DVAT Act, attracting tax; outright sales of set top boxes are likewise taxable. Assessing authorities must identify such operators, determine tax liabilities, and report actions through zonal coordinators to the designated departmental officer.
Delegation of Financial Powers to Heads of Departments - reg.
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Delegation of Financial Powers allows chief commissioners to sanction office accommodation works without IFU vetting, subject to checklist certification.
Chief Commissioners are authorised to grant Administrative Approval and Expenditure Sanction for Original Works for Office Accommodation funded under MoUD/CPWD grants up to One Crore without IFU vetting, provided the proposals conform to prescribed norms and standard checklists; a completed proforma certifying personal satisfaction must be sent to DIT(Infrastructure), DIT(Expenditure Budget) and the Under Secretary, Ad.VIII, CBDT for record and monitoring.
Instructions - E-Payment of Tribunal Fees the respective Challans are to be counter signed by the concerned bank manager or attested by the authorized Representatives or assessees themselves
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E-Payment of tribunal fees requires countersignature or attestation, otherwise the fee remittance will be invalid.
E-Payment of tribunal fees requires that electronic challans be countersigned by the bank manager or attested by the authorized representative or the assessee; failure to comply will render the remittance invalid.
Procedural norms on Recognitions, Ownership and Governance for Stock Exchanges and Clearing Corporations.
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Recognition and governance norms require exchanges and clearing corporations to meet fit and proper, ownership and appointment standards.
The circular prescribes procedural requirements for recognition, ownership and governance of stock exchanges and clearing corporations under SECC Regulations: applicants must demonstrate compliance with statutory and regulatory criteria, submit detailed documentation including business plans and fit-and-proper information, and satisfy SEBI on appointment of key department heads before final approval; ownership beyond prescribed thresholds requires prior approval with detailed disclosures and ongoing monitoring; governance rules cover director and management appointments, public interest director criteria, committee composition and reporting, segregation of regulatory departments, conflict management, and a prescribed compensation policy with deferral, malus and clawback provisions.
Pre-trade Risk Controls
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Pre-trade risk controls tighten order checks and dynamic price bands to prevent aberrant trades and require broker risk-reduction.
SEBI mandates a framework of pre-trade risk controls for stocks, ETFs, index and stock futures requiring exchanges to block single orders above a prescribed value, ensure brokers apply client-level value/quantity checks and cumulative open order value limits, and monitor broker controls with penalties for non-compliance. Exchanges must implement tightened dynamic price bands for securities with derivatives and allow staged relaxation during market trends. A mandatory risk-reduction mode triggers when broker collateral utilization against margins reaches a high threshold, cancelling unexecuted orders, permitting only immediate-or-cancel orders, enforcing margin checks, and reinstating normal mode when utilization falls below the threshold.
39/2012 - 12-12-2012 Companies Law
Filing of Balance Sheet and Profit and Loss Account in extensible Business Reporting Language (XBRL) mode for the financial year commencing on or after 1-4-2011.
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XBRL filing requirement extended to allow additional time for companies to submit financial statements in XBRL.
The time-limit to file the Balance Sheet and Profit and Loss Account in XBRL mode without additional fee or penalty is extended up to 15th January 2013 or within thirty days from the due date of the company's AGM, whichever is later; all other terms and conditions of the earlier general circular continue to apply.
Amendment in Para 3.11.8 of Handbook of Procedures Vol. I (RE 2012)/ 2009-14.
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Declaration of intent requirement for newly included products or markets allows a short grace period to update free shipping bills.
The amendment to Para 3.11.8(c) requires that when a decision during the year adds a new product or market, exporters have a grace period of one month from the date of decision/notification/public notice to declare intent on free shipping bills; after that period all exports of such products or to such markets must include the declaration, while exports made prior to the decision/notification/public notice need not include the declaration. The phrase 'subsequently/later' is replaced by 'during the year'.
Issuance of Statutory Forms In Advance
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Advance issuance of statutory forms: restricted procedures require prior approval and specified safeguards to prevent misuse.
Advance issuance of C forms is discouraged and permitted only in exceptional cases after prior on file approval of the Special Commissioner II. The Assessing Authority must confirm the item is allowed on the purchaser's Central RC and enforce safeguards: a requisition letter from the purchaser, selling dealer's Assessing Authority and registration copy, proforma invoice with permitted deductions, issuance through the DVAT system, red ink marking and sealing of the original as an advance form with stated value and validity, and adequate security from the purchaser to prevent misuse.
Exim Bank's Line of Credit to the Government of the United Republic of Tanzania
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Line of Credit for export financing imposes local sourcing and compliance conditions on exporters and authorised banks.
The Export-Import Bank of India extended a Line of Credit to the Government of the United Republic of Tanzania for specified water-supply projects, requiring eligible goods, equipment and consultancy to be exported from India; at least 75 percent of contract value must be supplied from India and up to 25 percent (excluding consultancy) may be procured abroad. The agreement sets the operative effective date, distinct opening and disbursement timelines for project and supply contracts, mandates GR/SDF shipment declarations, prohibits payment of agency commission under the LOC while permitting exporter-funded commission subject to realisation and remittance rules, and directs AD Category I banks to ensure compliance under FEMA.
Examination of export cargo in Docks and CFS
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Self-sealing restrictions for export containers; unauthorized seals require destuffing, inspection, and customs re-sealing under supervision.
Self-sealing is limited to exporters with prior Commissioner approval; unauthorized self-sealed containers at CFS must be destuffed and goods stacked for examination. Packages selected by EDI will be opened and inspected; if satisfactory the Appraiser/Superintendent issues the Let Export order and goods are restuffed and sealed under Preventive Officer supervision with Customs one-time seals. Packages must bear prominent, unique serial numbers and marks (non-removable), with alternatives for bales, and any marking discrepancies reported to the Assistant/Deputy Commissioner.

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