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Circulars
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Prohibition on import of toys
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Prohibition on import of toys limited to toys within the scope of applicable IS safety standards; others unaffected.
Prohibition on import of toys is subject to compliance with IS 9873 safety requirements, but the import restriction applies only to toys that are included within the defined scope of those standards; toys and products expressly excluded by the standard's scope are not subject to the notification's conditions.
Verification of new IEC Number
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Verification of IEC numbers mandates monthly physical audits and suspension or disabling of codes upon discrepancies.
Regional Authorities must physically verify 10% of IECs issued each month, prioritising applicants with recently opened bank accounts and proprietorship/partnership firms. Verifications are to be completed in the month after issuance by two-official teams led by at least an FTDO. On discovering discrepancies, RAs must immediately suspend or disable the IEC on the EDI system and pursue follow-up action; IEC certificates are to be sent by registered post, and any certificate returned undelivered requires disabling the code and conducting an antecedent check before reactivation. Monthly verification reports must be sent to DGFT (HQ), ECA Division.
Addition as a sub para to para 2.9 of the Handbook of Procedures (Volume I)
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Identity verification requirement: IEC applications must link the bank certificate photograph with the IEC, including name and designation.
A procedural requirement: ANF 2A applications for fresh IECs or IEC modifications must indicate the name and designation of the person whose photograph is on the Bank Certificate, and the issued IEC shall bear that person's photograph with name and designation as part of the IEC endorsement.
Matching of Part 'B' and Part 'C' of the DVAT 20
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Payment reconciliation of DVAT challans requires matching bank-issued Part B with dealer-submitted Part C to ensure tax receipt accuracy.
Officers must use departmental systems to match dealer-wise amounts shown in bank-retained Part B of Form DVAT 20 with dealer-submitted Part C, retrieve mismatch reports, examine returns with Part C, reconcile discrepancies against Part B records, and ensure ward VATOs perform this reconciliation from April 2005 to date, submitting monthly reports through Zonal JCs/DCs to the Commissioner (VAT).
Speedy disposal of refund claims
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Refund claim processing must be expedited, with officer accountability and potential disciplinary action for undue delays.
Refund applications must be processed without delay in accordance with existing guidelines; inordinate delays are prohibited. Individual responsibility will be fixed for officers who fail to timely dispose refunds, such responsibility will be reflected in the officer's assessment and may lead to disciplinary action. The directive is issued with prior approval and circulated to relevant administrative and operational officials for implementation.
Disposal of refund claim of 100% Exports etc.
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Export refund priority accelerates processing of claims for fully exported goods subject to specified documentation and categorical prioritisation.
Refund claims by dealers engaging solely in exports receive priority processing. VATOs/AVATOs must verify Form DVAT 30 with original purchase invoices, Form DVAT 31, certified transport documents, and an exporter undertaking confirming no local or interstate sales. Exporters must provide the Bank Realization Certificate when received, to be kept on the file. Exporters are categorised by registration tenure for assignment of priority tags: highest priority for long tenure registrants, urgent priority for intermediate registrants, and statutory timeframe processing for newer registrants.
01/2009 - 16-06-2009 Companies Law
Status of a holder of Global Depository Receipts (GDRs) – Clarification regarding
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Membership status of GDR holders: non resident GDR holders are not company members unless converted into underlying shares.
A non resident holder of Global Depository Receipts is not a member of the issuing company because they are neither subscriber nor registered holder; the Overseas Depository Bank is not the statutory depository and cannot be deemed a member. Membership arises only upon conversion or redemption of GDRs into underlying equity shares and completion of the Scheme's and Companies Act procedures; until conversion the Overseas Depository Bank's name appears in the Register as legal allottee but is not a nominee of the GDR holder for membership purposes.
Guidelines for Investment by Mutual Funds in Money Market Instruments
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Investment compliance in money market instruments: mutual funds must meet issuer exposure limits within regulator's prescribed transition period.
Where existing schemes hold money market instruments of an issuer not in conformity with the amendment, the asset management company must ensure compliance within the specified transition period; the circular is issued under Section 11(1) of the SEBI Act read with Regulation 77 of the SEBI (Mutual Funds) Regulations to protect investors and regulate the market.
Jurisdiction for Appeal, Objection and other matters
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Jurisdiction for appeal and objection assigned among Additional Commissioners, with zones and specialized portfolios reallocated.
Allocation of jurisdiction and administrative portfolios among Additional Commissioners, effective immediately and superseding prior orders. Jurisdiction for appeals and objection hearings above the specified pecuniary limit is apportioned by zone and by Act, with appeals and revisions above the pecuniary limit under the CST Act and erstwhile DST Act consolidated under a designated Additional Commissioner. Distinct operational, compliance and service portfolios are assigned to each Additional Commissioner, including Enforcement, VAT Audit, Recovery & Collection, Internal Audit, HR/Training, Law & Judicial, RTI and Public Relations.
Eligibility of exemption Notification No 6/2006-CE to pipe fittings (joints, sleeves, elbow, couplings, etc.) - reg.
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Exemption for pipes not extended to pipe fittings; fittings are separately classified and excluded from notification relief.
The Board concludes that the exemption at Sl. No. 7 of Notification No. 6/2006-CE applies to Pipes as commonly understood and does not extend to pipe fittings (joints, sleeves, elbows, couplings, etc.), because fittings are classified as a separate commodity in the present Tariff and HSN, and a prior Supreme Court decision relied upon by claimants concerned different tariff entries and is therefore inapplicable.
Amendments in Appendix 4-C (List of agencies authorized to issue Certificate of Origin-Non-Preferential), of HBP (Vol.I).
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Certificate of Origin non-preferential: authorised agency name updated, official list amended accordingly.
The Director General of Foreign Trade, under the Foreign Trade Policy, amends the official list of agencies authorised to issue Certificate of Origin (Non Preferential), replacing the Maharashtra entry previously named Nagar Road Industries Chamber of Commerce & Agriculture with the new name Deccan Chamber of Commerce Industries & Agriculture Pune while retaining the same address and contact details.
Designation of CPIOs & Appellate authorities in Service Tax Commissionerate, New Delhi under the RTI Act, 2005-reg.
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Central Public Information Officer designation clarifies departmental CPIOs and appellate authorities for service tax divisions ensuring RTI request allocation.
Deputy and Assistant Commissioners heading Service Tax divisions are designated as Central Public Information Officers for their divisions, with Joint/Additional Commissioners as Appellate Authorities; Administrative Officers and the Superintendent (Vigilance) are designated CPIOs for Administration/Establishment and Vigilance respectively. A Deputy/Assistant Commissioner (Technical) is appointed CPIO (Coordinator) to receive and allocate RTI applications to relevant CPIOs, handle overlapping or residual requests, and is subject to appeal to the Joint/Additional Commissioner (Technical).
Submission of Monthly Report
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Submission of Monthly Report: Portfolio managers must upload AUM and activity data on SEBI portal by the 5th.
All registered portfolio managers must upload a standardized monthly report on the regulator's portal by the 5th of the following month, stating AUM as on the last calendar day in rupees (crores) and providing investor counts and AUM breakdowns for discretionary, non-discretionary and advisory services, plus gross sales, gross purchases and portfolio turnover ratio; the Compliance Officer is responsible for ensuring compliance under Regulation 23(A) and hard copies must not be sent.
Export of Edible Oil in branded packs of upto 5 Kg. - regarding.
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Export of edible oil in branded consumer packs permitted temporarily, allowing Customs to approve consignments subject to quota monitoring.
Customs are directed to permit export consignments of edible oil in branded consumer packs of up to 5 kg, consistent with the DGFT notification that allows such exports subject to a 10,000 MT limit through 31 October 2009; DGFT monitoring showed partial utilisation and, consequently, Customs may allow exports in these packs until 30 September 2009 while quota utilisation continues to be tracked.
Validity of Formal Approval - reg.
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Special Economic Zone approval validity extends after operationalisation, with Letters of Approval remaining effective until suspension or revocation.
A Special Economic Zone is operational once exports start. Once operational, the Letter of Approval issued to the developer remains valid beyond the prescribed implementation date in the Letter and continues until it is suspended or revoked.
Reimbursement of duty in lieu of drawback for supply of goods to SEZ Developers against Indian Rupees
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Reimbursement of duty in lieu of drawback: zonal development commissioners to sanction claims from allocated DBK and CST budgets.
Reimbursement of duty in lieu of drawback claims for supplies to SEZ developers shall be sanctioned by the Zonal Development Commissioner from the budget allocated to his office for DBK and CST claims; the Annexure lists zonal jurisdictions. Zonal Development Commissioners must inform the Under Secretary (EOU Division), Department of Commerce of any additional fund requirements for these reimbursements.
Regarding incentives for Fast Track Companies
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Incentives for Fast Track Companies: EPCG redemption allowed on completion and accelerated fulfilment of export obligations.
Fast Track incentives under Para 5.11 are made available for redemption of EPCG Authorization issued on or after specified dates where a high CIF value and, where applicable, a twelve-year export-obligation period apply; eligibility requires completion of any Annual Average Export Obligation in full and satisfaction of at least 75% of additional export obligation within half or less of the original export-obligation period.
Guidelines for Investment by Mutual Funds in Indian Depository Receipts (IDRs) and copies of gazette notifications dated April 8, 2009 and June 5, 2009
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Investment in Indian Depository Receipts permitted for mutual funds subject to SEBI Regulations and Seventh Schedule compliance.
Mutual funds may invest in Indian Depository Receipts provided such investments comply with the SEBI (Mutual Funds) Regulations, 1996 and the investment restrictions set out in the Seventh Schedule; the circular also transmits amending gazette notifications and invokes powers under Section 11(1) of the SEBI Act, 1992 and Regulation 77 of the SEBI (Mutual Funds) Regulations, 1996.
Addition of data field regarding 'customs notification number' for transmission of data to DGCI&S - regarding - reg.
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Customs data reporting updated to include notification number for improved collection and electronic transmission to statistics agency.
The import Daily Trade Return (DTR) format is revised to include a new customs notification number field (serial No.14) so that import data under Regional Trade Agreements and Preferential Trade Agreements can be collected and transmitted electronically to the Directorate General of Commercial Intelligence & Statistics; the Directorate General of Systems will implement the revised electronic DTR and customs formations must issue trade notices and standing instructions, with implementation difficulties to be reported to the Board.
Additions in the Handbook of Procedures, Vol.2, 2004-2009.
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Standard Input Output Norms amendment permits thermoplastic cement as an authorised import input for specified leather uppers.
Amendment to the Handbook of Procedures updates SION entry G-45 (Leather and Leather Products) to permit thermoplastic cement (rod/granules/polyester/polyamide) as an import input at eleven grams per pair for Gents Leather Half Boot Lasted Upper with insole, and specifies that finished leather required per pair is eight square feet if the import item is not used, and four square feet if it is used.

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