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Circulars
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Export of Goods and Services- Exports to Warehouses Abroad
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Permission to hire warehouses abroad subject to export-outstanding, turnover, realisation-period and routing conditions.
Authorised dealers may permit exporters to open or hire warehouses abroad provided the exporter's export outstanding remains within the prescribed proportion of prior year exports, the exporter satisfies the minimum export turnover requirement for the preceding year, applicable periods of realisation for status and non-status exporters are complied with, and all transactions flow through the authorised dealer's designated branch; permissions are initially for one year, renewable subject to continued compliance, and dealers must record approvals.
Finance Bill, 2003 - Salient features of the post budget amendments
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Customs Duty Adjustments and Excise Exemptions updated, altering rates and introducing turnover-based textile relief and service tax scope expanded.
Post-budget amendments adjust tariff and indirect tax mechanisms: nominal tariff increases for certain edible fats; delegation of the method for ascertaining retail sale price (RSP); expansion of service tax coverage to light motor vehicles. Customs measures reduce basic duty on selected commodities, expand concessional import lists for capital goods and textile machinery, and introduce end-use contingent exemptions from special additional duty. Central excise implements turnover-based exemptions and rate changes for textile and select goods, revises specific duties on edible oils and vanaspati, grants targeted exemptions, and amends CENVAT Credit Rules relating to stock declaration date. Administrative guidance stresses non-harassment and acceptance of unit declarations for input credit.
Finance Bill, 2003 β€” Salient features of the post budget amendments
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Service tax scope extended to light motor vehicle repairs while customs and excise duties adjusted with targeted concessions.
The Finance Bill, 2003 amends customs and indirect tax provisions by increasing certain tariff headings for edible fats while leaving effective duty unchanged, prescribing government prescribed methods for ascertaining retail sale price with field officers performing ascertainment, and expanding service tax coverage to repair and servicing of light motor vehicles. Notifications reduce or exempt basic customs duty and SAD on targeted inputs and capital goods, expand concessional lists for textile machinery, and extend concessional treatment to specific machines and parts. Central excise measures introduce turnover based exemptions for small textile and garment clearances, substitute specific duties for certain edible oils and vanaspati, extend exemptions on select goods, and adjust the CENVAT input stock relevant date; retrospective North East exemption amendments require period aggregation for liability and credit calculations.
Furnishing of security/surety by merchant exporters- Board’s Circular No. 586/23/2001-CX dated 12.9.2001
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Bond security exemption for exporters registered with recognized export promotion councils; waives security and surety requirements absent adverse notice.
Merchant exporters registered with recognised Export Promotion Councils and specified status holders are exempt from furnishing 25% bond security and full-bond surety for export bonds executed for duty-free exports, provided they have not come to the adverse notice of the Department; trade and field formations are to inform and acknowledge receipt.
Non-Resident Deposits - Comprehensive Single Return
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Non-Resident Deposits Reporting required monthly via NRD-CSR electronic return by authorised dealers to central bank
Authorised dealers must submit monthly non-resident deposit data using NRD-CSR Version 1.6 in prescribed ASCII format; head offices must consolidate branch data and transmit the electronic file (including bank contact details) to the Reserve Bank's Department of Statistical Analysis and Computer Services by the prescribed monthly deadline. The circular supplies the record layout and code tables for deposit schemes, maturities, currencies and record types, and advises that duplicate reporting must be avoided.
Issuance of Contract Notes in electronic form
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Issuance of electronic contract notes permitted when authenticated by digital signatures, requiring exchanges to amend rules and notify members.
Brokers may issue contract notes in electronic form provided such contract notes are authenticated by means of digital signatures issued by a Certifying Authority under the IT Act; exchanges must amend bye laws, notify members, publish the clarification on their websites and report implementation status to the regulator.
Reporting of Venture Capital Activity
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Venture capital reporting requirement mandates quarterly standardized investment reports by foreign venture investors within three days of quarter end.
Foreign Venture Capital Investors must submit complete quarterly reports in SEBI's prescribed format within three days of each calendar quarter-end; an immediate report was requested for March 31, 2003. Required fields include investor name, funds committed for investment in India, cumulative investments at quarter end by instrument type (equity, debt, VCFs, total) and an industry-wise cumulative investment breakdown across specified sectors.
Ice cream powder mix - Classification of [Heading 21.08]
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Product classification: ice-cream powder treated as food preparation under the specified excise heading, superseding earlier guidance.
Classification whether ice cream powder/mix is under Heading 19.01 or Heading 21.08 is clarified: powders for ice cream are classifiable under Heading 21.08, following examination of Chapter Notes and HSN Explanatory Notes, and earlier clarification is modified accordingly.
List of Companies allowed to be traded under Normal Rolling Settlement Mode
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Normal Rolling Settlement eligibility expanded as specified companies moved from trade-for-trade to rolling settlement, effective soon.
Shifting trading eligibility from trade-for-trade to Normal Rolling Settlement is conditioned on establishment of electronic connectivity with both depositories and admission into their systems. Fifty-six companies that established connectivity before the specified cutoff are eligible for immediate trading under Normal Rolling Settlement; the remaining admitted companies are to be shifted into rolling settlement on staggered future effective dates as listed.
Booking of Forward Contracts
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Forward contract expansion allows hedging of FDI inflows, foreign currency INR settlements, and cross currency FCNR(B) balances.
Non-resident investors may book forward sale contracts with Authorised Dealers to hedge currency risk on proposed FDI after completing required approvals; tenors limited to six months unless Reserve Bank permission is obtained, cancellations cannot be rebooked, and exchange gains on cancellation will not be passed to the investor. Residents may obtain forward cover for foreign currency denominated transactions settled in Indian rupees, with cash settlement by cancellation at maturity and no rebooking of cancelled contracts. FCNR(B) depositors may book cross currency forwards to convert permitted foreign currency balances; cancelled contracts are ineligible for rebooking.
Overseas Investments
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Overseas investment liberalisation: permission for Indian corporates, individuals and mutual funds to invest in rated foreign securities.
Indian corporates and resident individuals are permitted to invest in equity of listed foreign companies holding at least ten percent in Indian listed firms and, additionally, in rated bonds and fixed income securities subject to specified credit ratings and applicable ceilings. Indian mutual funds with SEBI approval are granted general permission to invest in ADRs/GDRs and rated instruments without separate Reserve Bank approval; monthly reporting obligations to the Reserve Bank remain in force and regulatory amendments to FEMA 2000 will be issued.
2 - 28-04-2003 Income Tax
Indo-US Double Taxation Avoidance Agreement (DTAA) - Suspension of Collection during Mutual Agreement Procedure (MAP) - regarding.
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Suspension of tax collection during MAP: bank guarantee permits abeyance of enforcement until MAP concludes or fails.
Suspension of tax collection during the Indo US MAP is permitted for US resident taxpayers whose MAP requests are admitted by the Indian competent authority, provided they furnish a bank guarantee covering disputed tax and accruing interest; the guarantee enables Assessing Officers to keep enforcement in abeyance and extend payment time during MAP, with invocation permitted if MAP fails or after mutual agreement when revised demands are not paid, subject to requisite notifications between competent authorities.
Capital Account Transactions – Liberalisation - Clarification
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Capital account liberalisation: mandatory reporting and database obligations for authorised dealers alongside clarified overseas investment restrictions.
Authorised dealers must implement a reporting mechanism and obtain declarations to maintain a uniform database recording investor identity and transaction particulars (including PAN, remittance amounts and dates, scrip details, purchase/sale dates, brokerage and net balance held abroad). Designated branches must forward monthly statements compiled from this database in the prescribed format for each investor category to the Reserve Bank by the tenth of the succeeding month. Permitted remittances include initial registration fees to overseas brokers; investments are confined to cash equity purchases in listed companies subject to specified conditions, while money market funds, bank deposits, investments with borrowed funds, lending of acquired securities, and certain investments routed through SPVs or in specified foreign entities are not permitted.
Standard set of guidelines for appointment of Custodian of EPZs/ICDs/CFSs- reg
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Custodian bond requirement amended: bond based on average duty for stored goods with limited guarantee; government undertakings exempt.
Custodian bond obligations for EPZs/ICDs/CFSs are revised to require a bond equal to the average duty on goods likely to be stored for thirty days, supported by a bank guarantee, Government bond or cash deposit equal to a portion of that duty; Central and State Government undertakings are exempt from furnishing the supporting bank guarantee or cash deposit.
Foreign Exchange Management Act, 1999 - Providing housing loan in rupees to NRIs/PIOs
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Housing loans in rupees for NRIs/PIOs permitted for acquisition and for repairs or renovation of owned residences.
Authorised dealers and National Housing Bank-approved housing finance institutions may provide housing loans in rupees to Non-Resident Indians and Persons of Indian Origin for acquisition of residential accommodation in India, and may also grant loans for repairs, renovation or improvement of residential accommodation owned by them; authorised dealers are to notify constituents and the directions are issued under the Foreign Exchange Management Act.
Export of Goods and Services - Export of goods on promotional grounds
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Export promotional allowance: authorised dealers may permit limited free exports subject to RBI referral and recordkeeping requirements.
Authorised Dealers may permit export of goods free of cost for export promotion by granting GR waivers to recognised exporters up to two per cent of the exporter's average annual exports during the preceding three years, subject to a ceiling of Rs.5 lakhs; non conforming applications should be referred to Reserve Bank regional offices. Authorised dealers must maintain records of permissions and notify constituents. Directions are issued under the Foreign Exchange Management Act, 1999.
Profit and loss account - Rounding off figures in the Profit and Loss Account
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Rounding of financial statements clarified to apply to profit and loss accounts to ensure consistent presentation across statements.
The circular clarifies that the notification permitting rounding of balance sheet figures to prescribed denominations also applies by implication to the profit and loss account prepared under Schedule VI, so that both statements use the same simplified rounding procedure and present consistent figures to readers.
Non levy of service tax on export of services – Regarding
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Export of services exemption continues; secondary services merged with exported services are not separately taxable under service tax rules.
Service tax is a destination-based consumption tax and export of services remains tax-free despite withdrawal of the earlier exemption; tax is leviable only on services consumed or rendered in India. No inter-sectoral credit is available for services used in manufacture of exported goods. Secondary services merged with exported services are not taxable, but if consumed for provision of services in India the secondary service provider is liable. Providers must maintain records to identify secondary services. Change in the service tax rate depends on the billing date relative to passage of the Finance Bill.
20/2003 - 25-04-2003 Companies Law
Rounding off figures in the Profit and Loss Account.
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Rounding off figures permitted for balance sheets extends to profit and loss accounts to ensure consistent financial presentation.
The circular clarifies that Notification No. G.S.R. 545(E) permitting rounding of figures in the balance sheet to specified denominations may, by implication, be applied to the profit and loss account as well, because both statements form the annual accounts under Schedule VI, and consistent application aids readers through uniform presentation.
19/2003 - 25-04-2003 Companies Law
Name Availability Guidelines - Change in.
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Name change permission for companies follows amendment of objects to undertake insurance broking permitted by regulator.
The Registrar of Companies may permit change of name of existing companies when they amend their objects to undertake insurance brokers' business, in light of the insurance regulator's notification permitting private sector companies to carry on insurance brokerage; the permission is contingent on formal alteration of corporate objects and is a partial modification of earlier guidance.

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