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Amendments in Handbook of Procedures (Volume I) for EO period and its extension under Advance Authorisation Scheme
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Export obligation period clarified for spices and coconut oil, requiring fulfilment measured from first import customs clearance.
Amendment prescribes a fixed Export Obligation (EO) Period for spices and coconut oil under the Advance Authorisation and EOD Schemes: EO must be fulfilled within 90 days from the date the first import consignment is cleared by Customs, substituting the earlier Handbook provisions and aligning the EO fulfilment trigger with customs clearance of the initial import.
Scope and coverage of goods imported under Target Plus Scheme clarification
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Input use nexus required: TPS imports limited to items that are inputs with a broad nexus to the exported product.
TPS duty free credits permit import of inputs and capital goods for own use or that of supporting manufacturers, subject to actual user and non transferability conditions. The imported item must have a broad nexus with the exported product as an input required in its manufacture; SION is prima facie evidence of such inputs, and the broad nexus requirement supplements-not replaces-the FTP's inputs/own use mandate.
Procedure for granting exemption from service tax to taxable services provided to foreign missions/ consulates and to the personnel posted there in India --reg
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Service tax exemption for foreign missions and diplomats hinges on MEA-issued entitlement certificates and authenticated undertakings.
Service tax exemption applies to taxable services supplied to foreign diplomatic missions/consular posts for official use and to diplomatic agents or career consular officers for personal use, subject to an entitlement certificate issued by the Protocol Division of MEA on the principle of reciprocity. For official-use exemptions an authenticated copy of the certificate plus an original signed undertaking with running serial number must be furnished to service providers, who must record the undertaking reference on invoices and retain documents for verification. For personal-use exemptions a photo-identification card with unique serial number and an authenticated photocopy must also be furnished and recorded. MEA notifies withdrawal to revenue authorities and benefits cease from withdrawal date.
Service Tax β€” 7 New Services & new provisions effective from 1-6-2007
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Service tax revisions expand taxable services and introduce valuation and composition options affecting works contracts and rentals.
Amendments expand the scope and administration of service tax by notifying newly taxable services and activating revised definitions and the charging provision; they merge multiple telecom service categories into a single telecommunication service and amend corresponding rules. Valuation rules for works-contract-related services are prescribed and an optional composition scheme is introduced. Rental services are exempt to the extent of property tax actually paid, with a self-adjustment mechanism for post-payment of property tax. Export and inbound service rules are updated to classify the newly specified services under the relevant rules.
Extension of Special Zone's jurisdiction
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Extension of Special Zone jurisdiction reallocates dealers to Special Zone and mandates transfer of case files and records.
The Special Zone is directed to exercise jurisdiction over the dealers listed in the enclosure in addition to existing dealers, and operations circles and wards must forward case files and all relevant records of those dealers to the Special Zone; the EDP branch is to publish the order on the departmental website for wider circulation.
Post Budget 2007-08 notifications to give effect to the provisions of the Finance Act, 2007 - regarding.
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Service tax scope expansion: seven newly specified services added and works contract composition option introduced.
The Finance Act, 2007 revisions expand the list of taxable services and amend the charging and definitional provisions, with key changes effective from 1 June 2007. Seven services are newly specified as taxable, existing service definitions and exclusions are clarified or modified, and rules have been amended to reclassify telecommunication services and to categorise services for export/import rules. Renting of immovable property receives an exemption linked to actual property tax paid, construction of ports is exempted under certain services, and works contracts are to be vivisected for service-value determination with an optional composition scheme available to service providers, subject to loss of CENVAT credit.
Implementation of Risk Management System (RMS) for clearances under the DEPB Scheme
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Risk Management System implementation for DEPB imports mandates electronic licence identification and automated licence debiting on clearance.
Implementation of a Risk Management System for DEPB clearances requires filing DEPB licence identifiers on Bills of Entry via EDI or ICEGATE so the RMS can generate risk evaluations; RMS-facilitated Bills will be auto-debited and produce assessed copies and duty challans, with designated DEPB debit officers endorsing manual debits on physical licences before goods registration, while non-facilitated Bills remain subject to existing EDI appraisal and endorsement procedures.
External Commercial Borrowings (ECB) –End-use and All-in-cost ceilings - Revised
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ECB end-use restriction bars real estate borrowing; all-in-cost ceilings for longer maturities lowered effective immediately.
Utilisation of ECB proceeds is not permissible in real estate; the exemption for development of integrated townships is withdrawn. All-in-cost ceilings are reduced: three to five year maturities revised to 150 basis points and maturities over five years revised to 250 basis points over six-month LIBOR (or applicable benchmark). The changes apply immediately to ECBs under both the automatic and approval routes, are subject to review, and regulatory amendments will follow.
OPTION TO CERTIFY TDS CERTIFICATES BY WAY OF DIGITAL SIGNATURES CIRCULAR UNDER SECTION 119 OF THE INCOME-TAX ACT, 1961
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Digital signatures for TDS certificates permitted, subject to control-number logging, TAN/PAN accuracy and immutability.
Employers may opt to use digital signatures to authenticate TDS certificates (Form 16) for salary income; such digitally signed certificates will be recognised under the income-tax rules provided the employer assigns a control number with a maintained log, correctly records TAN and PAN, and ensures the certificate contents are immutable after signing.
Invoices by first stage or second stage dealers--- Marking of
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Cenvat credit admissibility: invoices must be marked as first stage or second stage dealer and include manufacturer details.
Dealers must mark invoices prominently as FIRST STAGE DEALER or SECOND STAGE DEALER and include a prescribed certificate showing receiving/dispatch premises, original manufacturer/importer particulars, and the relationship between parties. Dealers must strike out the inapplicable stage and record duty-paying and other particulars of the original manufacturer/importer to facilitate admissibility of Cenvat credit under the Cenvat Credit Rules.
SERVICE-TAX ON NSE/BSE/MCX/NCDEX/NSCCL/BIOSL/CCIL
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Service tax on exchange services: transactional clearing activities outside taxable categories; paid data feeds are taxable.
Exchanges and their clearing houses render transaction-oriented services-trading facilitation, clearing and settlement, validation, account and payment maintenance-and process data incidentally without separate charges; these activities are services but do not fall within the taxable categories of provision and transfer of information and data processing, on-line information access, business auxiliary services, or club and association services. However, where exchanges supply on-line information to third parties for a separate payment, that supply is taxable.
Creation of DEPB RMS debit cell in the Import Commissionerate
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DEPB RMS debit cell created to verify system debits and debit hard copy DEPB scrips for import entries.
A DEPB RMS debit cell has been created in the Import Commissionerate (C-402, C wing) to verify correctness of debits in the system for facilitated Bills of Entry and Bills/Sheets of Entry marked for examination without assessment, and to debit the hard copy DEPB scrip; staffed by an Appraising Officer/Superintendent of Customs. Trade members are asked to report difficulties to the Commissioner of Customs (Import).
Investment by Navaratna Public Sector Undertakings (PSUs) in unincorporated entities in oil sector abroad
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Automatic route for Navaratna PSU investments in overseas oil exploration permitted, subject to competent authority approval and reporting.
AD Category I banks may permit remittances by Navaratna PSUs for investment in unincorporated overseas oil and natural gas exploration entities after verifying that the proposal is approved by the appropriate competent authority (Board of Directors, ECS, or CCEA as applicable) and supported by a certified Board resolution; such investments are allowed under an automatic route and remain subject to the usual reporting requirements.
Foreign Exchange Management (Realisation, Repatriation and Surrender of Foreign Exchange) Regulations, 2000
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Surrender period for resident individuals: uniform 180-day deadline to present realised or unspent foreign exchange to authorised persons.
A uniform 180-day period is prescribed for resident individuals to surrender received, realised, unspent or unused foreign exchange to an authorised person from the date of receipt, realisation, purchase, acquisition or return of the traveller; prior staggered timelines for specific types of receipts and instruments remain applicable to other persons and cases, and authorised persons must notify their constituents.
Foreign Exchange Management (Deposit) Regulations, 2000-Repatriation of maturity proceeds of FCNR(B) deposits
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Repatriation of FCNR maturity proceeds to third parties allowed when authorised by account holder and bonafides verified.
Repatriation of maturity proceeds of FCNR(B) deposits may be permitted to third parties outside India where the account holder specifically authorises the remittance and the authorised dealer is satisfied about the bonafides of the transaction; AD Category I and authorised banks must ensure compliance with applicable FEMA provisions and any other statutory permissions.
Allocation of a total quantity of 26000 MTs of Raw Sugar out of Free Sale Portion of 2006-07 season's production for export to USA and EU for the fiscal year 2007 (October 2006 to September 2007)
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Allocation of raw sugar export quota permits designated agency to export under preferential tariff quotas with prescribed certification.
The Director General of Foreign Trade allocates specified quantities of raw sugar from the 2006-07 free sale portion for export to the EU and the USA, designating M/s. Indian Sugar Exim Corporation Ltd as the export agency under the applicable HS code. EUR forms must be endorsed by Customs at shipment and GSP certificates issued by the Export Inspection Agency or the Directorate General of Foreign Trade, with existing procedures for preferential USA exports remaining in force.
MANAGEMENT OF SCRUTINY WORKLOAD
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Assessment targets for Range Heads set, requiring specified annual disposals and permitting senior officials to reallocate cases.
Range Heads are tasked with conducting scrutiny assessments in their Range's top revenue potential cases selected by returned income to close the gap between workload and disposals. Minimum annual disposal targets are prescribed by category, senior commissioners may reallocate additional cases to Addl./Joint CITs based on local circumstances, and the targets do not apply to Central Ranges.
Applicability of service tax on entry and exit load charged by the Mutual Fund - reg
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Service tax on mutual fund loads denied; AMC fund management fees and related distributor services remain taxable.
Entry and exit load levied by a mutual fund are not subject to service tax because they meet initial issue and scheme expenses and are not payment for fund management; by contrast the AMC's recurring investment and advisory fee for fund/asset management and services provided by distributors, brokers, custodians and trustees are taxable under their respective service categories.
Investment in ADRs/GDRs/Foreign Securities and overseas ETFs by Mutual Funds
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Mutual fund overseas investment limits expanded, imposing per-fund sub-ceiling based on net assets and conditions unchanged.
Mutual funds are authorised to invest in ADRs/GDRs, foreign securities and overseas ETFs within an overall overseas investment ceiling of US$4 billion, subject to a per-fund sub ceiling not exceeding 10% of net assets as on March 31 of the relevant year and capped at US$200 million per mutual fund; all other conditions in prior SEBI circulars remain unchanged under SEBI's regulatory authority.
01 - 14-05-2007 VAT - Delhi
Guidelines for framing and issuance of statutory orders/notices under the DVAT Act
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Statutory order drafting standards require clear reasons and procedural compliance when issuing DVAT registration, assessment, and penalty notices.
Statutory orders under the DVAT Act must be speaking instruments stating legal basis and detailed reasons. Registration rejection orders should specify reasons; DVAT-05 notices must list all deficiencies, be time bound and provide adequate cure time with service method recorded. Default assessment and penalty orders must be separate, explain reasons and basis for assumed turnovers, state tax period, cite relevant sub sections, verify return filing from ward records, and include issuing officer designation and departmental stamp.

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