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Circulars
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131 - 08-04-2005 VAT - Delhi
VAT Jurisdiction
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Administrative reorganisation: widespread transfers of VAT ASTO/AVATO staff to implement the Value Added Tax framework and reassign duties.
Order transferring ASTO/AVATO officers to new postings to implement the Delhi Value Added Tax Act and Rules, reallocating staff across Operations Unit, Key Customer Services, Tax Payer Services Unit and Dispute Settlement Unit with immediate effect. Officers must discharge statutory functions under the VAT framework and continue any duties under the Old system for the wards/branches to which they are posted.
130 - 08-04-2005 VAT - Delhi
VAT Jurisdiction
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VAT officer transfers ordered: postings reassigned to operational and support units to implement VAT rules.
Immediate transfers and postings of named STOs/VATOs are ordered to implement the Delhi Value Added Tax Act & Rules, assigning officers to an Operations Unit and to functional units-Tax Payer Services, Dispute Settlement, Policy, Key Customer Services, and Co ordination-with each assignment specifying prior and new ward/branch allocations. Officers must also continue any duties under the Old system for the wards/branches to which they are now posted.
129 - 08-04-2005 VAT - Delhi
VAT Jurisdiction
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Transfer and posting of VAT officers reallocates STOs, ASTOs and STIs to Audit Branch and Enforcement to implement VAT Act.
Immediate transfers and postings reassign specified STOs, ASTOs and STIs to the Audit Branch and Enforcement to perform and discharge functions under the Delhi Value Added Tax Act and Rules; transferred officers must also continue any duties or statutory functions under the prior administrative system for the wards or branches to which they are posted.
Handbook of Procedures (Volume I) incorporating Annual Supplement as updated on 8th April 2005
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Notification of Handbook of Procedures annual supplement issued under foreign trade policy, bringing updated import-export procedures into force.
Notification under Paragraph 2.4 of the Foreign Trade Policy issues the Handbook of Procedures (Volume I) incorporating the Annual Supplement, places the Supplement and Appendices on the official Directorate website, and declares the updated Handbook to come into force from 1 April 2005, directing stakeholders to consult the Annexure and online Appendices for operative details.
Amendments in Appendix 17D for 2004-05 of the Hand Book of Procedures (Vol.I)
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Target Plus entitlement criteria for status holders: eligibility, growth based duty credit rates, documentation and utilisation rules.
Prescribes Appendix 17D as the application form for claiming Target Plus entitlement for status holders for 2004-05, requiring submission of prior and current licensing year FOB export details, group turnover where applicable, and documentation including status certificate, audited financials, shipping bills and a professional certificate. Eligibility hinges on meeting a prior year export turnover threshold and a minimum incremental export growth; entitlement is a percentage of incremental FOB growth subject to specified growth bands and a cap, with explicit exclusions and declarations concerning third party exports and compliance with Exim Policy and customs conditions.
Amendments in Appendix 17D for 2003-04 of the Hand Book of Procedures (Vol.I)
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Duty Free Credit Entitlement: revised eligibility and application format expand status holder access and set documentation, exclusion, and utilisation rules.
Amendments replace Appendix 17D to broaden DFCE eligibility to include status holders and star export houses meeting specified export performance and growth criteria, and provide a detailed application and certification format. The Appendix prescribes required applicant information, export category disclosures, computation methodology for DFCE entitlement, exclusions and ineligible export categories, documentary and certification requirements (including a professional certificate), declarations regarding product-import nexus and exclusions, procedures for capital goods certification, and an Appendix for utilisation of granted entitlements.
Admissibility of DEPB benefits in respect of supply of goods from the Units in Domestic Tariff Area (DTA) to Units in Special Economic Zone ( SEZ) during the period from 01.04.2003 to 11.5.2004- Regarding
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DEPB eligibility for DTA-to-SEZ supplies confirmed, restoring entitlement for the transitional period and withdrawing prior contrary guidance.
The statutory notification issued under the Customs Act on the EXIM Policy date conferred independent entitlement to DEPB benefits for supplies from DTA units to SEZ units, and that notification prevails over prior executive circulars; accordingly DEPB benefits are admissible for such supplies during the transitional period prior to formal commencement of the SEZ chapter, and the contrary executive circular is withdrawn.
Amendments in Appendix 28 of the Hand Book of Procedure(Vol.I)
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Appendix 28 amendment adds Bureau Veritas and inspection entities to the list of recognized testing agencies under foreign trade policy
The Director General of Foreign Trade issued a public notice under paragraph 2.4 of the Foreign Trade Policy adding multiple inspection and certification offices to Appendix 28 of the Handbook of Procedures (Vol. I). The amendment lists organisational names, addresses and contact details of the newly included inspection and certification bodies for use in trade inspection and certification processes.
Electronic Filing of Application
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Electronic filing treated as date of receipt; hard copy must follow within specified period or application must be refiled.
Electronic filing is treated as the date of receipt provided the applicant submits the required hard copy within the stipulated short period; failure to do so will result in non-acceptance of the late hard copy and a requirement to re-file the application with fresh payment instruments. EPCG applications must be submitted electronically only; manual EPCG applications will not be accepted.
Amendment in para 2.21.2, 4.22, 6.7(c) and App.14-I-C in the Hand Book of Procedures (Vol.I), 2004-2009
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Tea export obligation timing set from first consignment import and imports must be utilised within a short statutory period.
For tea, exporters needing a Certificate of Origin (Non Preferential) must apply to the Tea Board or an authorised Inspection Agency in Appendix 35 B. The export obligation period starts from import of the first consignment and must be fulfilled within six months. Imported tea must be utilised within six months of import. Appendix 14 IC is amended to require a minimum value addition of 50% for tea.
Reorganization in VAT Department
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VAT Department Reorganisation establishes new functional units to administer Delhi Value Added Tax from 01 April 2005.
Reorganisation of the Delhi VAT Department effective 01.04.2005 establishes discrete functional units to implement the Delhi VAT Act and Rules: Tax Payer Services, Operations (account creation, return filing, refunds, reconciliation, field units, assessments, recovery), Key Customer Services, Audit & Enforcement (audit strategy, fraud investigations, border units), Dispute Settlement (objections hearings, legal services, appeals), Policy (legislative review, MIS), Support Services, Electronic Data Processing, and Research and Statistics, with circulation to senior officials and professional stakeholders for administrative implementation.
VAT Jurisdiction
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VAT administrative zoning groups municipal wards into operation units to implement the Delhi VAT Act and enable statutory control.
Arrangement of municipal wards into zonal Operation Units is prescribed to provide administrative-functional control and enable performance of statutory functions under the existing enactments and the Delhi Value Added Tax Act & Rules with effect from 1.04.2005. The circular sets out a ward-to-zone mapping (Zones I-X) grouping numbered wards for allocation of administrative responsibility and supervision, and declares the arrangement operative until further orders.
Implementation of the SEBI (Stock Broker and Sub Brokers) (Amendment) Regulations, 2003 and format of Model Tripartite Agreement
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Implementation of Model Tripartite Agreement enforces compliance by brokers and sub-brokers; violations to attract regulatory action.
Adoption of the prescribed Model Tripartite Agreement and revised roles for brokers and sub-brokers is mandatory from the effective date; violations after that date will be viewed strictly and attract regulatory action. Subsidiaries of recognized stock exchanges registered as brokers and their sub-brokers are temporarily excluded pending separate provisions. Exchanges must notify member brokers and disseminate the requirements on their websites.
Standard Units of Quantity - Regarding
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Standard units of quantity clarified as indicative; assessees must promptly adopt new tariff classification to standardise reporting.
Clarifies that standard units of quantity in Column (3) of the 8 digit Central Excise Tariff are indicative for statistical collection, comparison and analysis and have not been made mandatory for declarations; Customs practice likewise has not required declaration in those units. The Board asks assessees to migrate to the new 8 digit classification promptly, noting the impact on returns, revenue accounting and data capture, and sets a latest implementation date for uniform adoption.
Self Declared licences where SION does not exist (Declaration/Undertaking)
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Self-declared advance licences allowed where SION absent, with exclusions and biotechnology NOC requirement.
Advance licences may be issued on the basis of self-declaration and an undertaking where SIONs are not fixed, subject to final adjustment by Adhoc/SION set by the Advance Licensing Committee, but exclusion applies to specified agricultural categories and certain items; licences for perfumes, perfumery compounds and vitamin-containing feed ingredients must be processed under the alternate procedural route pending committee approval, and biotechnology-related exports/imports require submission of a No Objection Certificate from the Department of Biotechnology.
Re-organization of licensing sections
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Licensing section reorganization streamlines section codes and alphabets, requiring traders to follow new assignments and cooperate during transition.
Licensing section re-organisation implements reassignment of section names, alphabets and numeric codes effective from 1st April 2005, reallocating ALS sections into DES sections, creating new DES and EPCG subdivisions, and merging alphabets of FAS I, II & III into other sections; traders are directed to transact under these new assignments and to cooperate during a transitional phase of possible system instability.
Liberalised Remittance Scheme of USD 25,000 for Resident Individuals
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Remittance restrictions: Liberalised Remittance Scheme barred to FATF non-cooperative jurisdictions; banks must update lists and notify customers.
Remittances under the Liberalised Remittance Scheme are prohibited, directly or indirectly, to jurisdictions identified by the Financial Action Task Force as non cooperative; Authorised Dealer banks must maintain and periodically update a record of such jurisdictions from the FATF website and ensure branches and customers are informed, pursuant to directions issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999.
Transport of goods by road — Scope of abatement of 75%
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Abatement eligibility for goods transport services limited to cases where the transport agency bears service tax liability, excluding consignee/consignor exemptions.
The abatement under Notification No. 32 for transport-of-goods-by-road services is available only where the Goods Transport Agency is liable to pay service tax; the benefit does not apply where Notification No. 35 shifts liability because the consignee or consignor fall within specified exempt categories, and jurisdictional Commissioners are to be informed of this clarification.
Amendments/ additions / corrections in DEPB rates
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DEPB rate amendments revise export benefit rates and value caps, including a time-limited tractor entry for a specific exporter.
DGFT, under delegated powers, amends the Schedule of DEPB rates by revising DEPB percentages and value caps for specified Sl.No. entries in Engineering (Code 61), Chemicals (Code 62) and Plastics (Code 63). A time-limited adhoc DEPB entry is notified solely for M/s Mahindra & Mahindra Ltd for agricultural tractors in CKD/SKD/CBU condition. The corrections include amended value caps, updated product descriptions, and specified entries with revised DEPB rates and caps.
Decision of Settlement Commission in CBEC – compliance thereof
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Settlement Commission decisions on customs duty and interest may be implemented by Licensing Authorities subject to adjudication notice.
Licensing Authorities may implement Settlement Commission decisions concerning customs duty and interest for export obligation defaults, with intimation to the Adjudicating Authority for regularization; the Adjudicating Authority nonetheless remains free to invoke Section 11 of the Foreign Trade (Development & Regulation) Act, 1992 to consider imposition of penalties where appropriate.

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