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U/s 5 of Limited Liability Partnership Act, 2008 - Whether Hindu undivided family (HUF)/Its Karta can become Partner/Designated partner (Dp) in Limited Liability Partnership (LLP)
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LLP partner eligibility: HUFs and their Kartas are ineligible to serve as designated partners under LLP law.
Under the LLP eligibility framework only an individual or a body corporate may be a partner; a HUF is not a body corporate and therefore a HUF or its Karta cannot be admitted as a designated partner in a Limited Liability Partnership.
Validity of IEC for Export Oriented Unit (EOU) or units in Special Economic Zone/Electronics Hardware Technology Park(EHTP)/Software Technology Park(STP)/Bio-Technology Park(BTP) after de-bonding: Review of Policy Circular 26/ dated 11.8.2008
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Validity of IEC remains irrespective of unit status, allowing de-bonded units to retain and modify their IEC.
An IEC remains valid irrespective of a firm's status as DTA or as an EOU/SEZ/EHTP/STP/BTP. On de-bonding the unit need not surrender the IEC; the jurisdictional DC/SEZ will forward the original IEC file to the concerned RA, which becomes custodian and permits the de-bonded unit to modify the IEC. De-bonded units are eligible for benefits from the RA under the Foreign Trade Policy. The IEC issued by the RA also continues to remain valid where a DTA unit converts to an EOU or SEZ/EHTP/STP/BTP.
Regarding Audit of Dealers
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Audit of dealers under DVAT Act prioritises latest year; high-turnover accounts receive audit of the preceding year first.
Audit under Section 58 of the DVAT Act requires ward officers to carry out risk-profile based audits, initiating with Financial Year 2012-13 for shortlisted dealers; dealers exceeding the statutory turnover threshold in 2012-13 must file Form AR-I and shall be audited for 2011-12 first. Subsequent audits of the other years require prior Zonal Incharge approval and are conditional on discovery of significant deficiencies in the initial audit.
Income Tax Deptt. Sends Letters to Another Batch of 35,000 Non-Filers Tax Payers again urged to disclose their true Income and Pay Due Taxes
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Non-filer compliance urged through data-matching and monitoring, prompting disclosure and potential administrative follow-up.
The Income-tax Department issued targeted letters to identified non-filers urging disclosure of true income and payment of due taxes following a data-matching exercise; a compliance management cell monitors filings and payments and provides data through an online monitoring system to jurisdictional assessing authorities for verification and potential issuance of notices.
Filing of online DVAT-48 returns for the First Quarter of 2013-14.
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Filing of online DVAT-48 returns under DVAT rules: specified last dates set for electronic and hard-copy submission.
Filing of online returns in Form DVAT-48 is authorised for TAN holders under the applicable DVAT Rules, and the Commissioner prescribes specified last dates for electronic submission of DVAT-48 and for submission of the hard copy of Form DVAT-48 together with Form DVAT-43 for the quarter ending 30/06/2013 to facilitate compliance.
Filing of online returns for the First Quarter 2013-14.
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Filing deadlines for online VAT returns extended; annexure deadlines deferred while tax payment rules and penalties remain applicable.
Extension of filing schedule for online DVAT/CST returns for the first quarter 2013-14 is announced: a revised filing deadline for online submission of returns (excluding Annexure 2C and 2D) with a later hardcopy date, and separate extended online and hardcopy deadlines for Annexure 2C and 2D forming part of Form DVAT-16. Tax deposit obligations under statute remain unchanged and penalty and interest will apply for late payment.
Submission of applications in terms of Para 3.13.4 of Foreign Trade Policy (Agri-Infrastucture Incentive Scrip) Half Yearly period April to September' 2012.
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Agri Infrastructure Incentive Scrip compliance: non-compliant applications must be promptly corrected or will be summarily rejected.
Exporters with deficient applications for the Agri Infrastructure Incentive Scrip must rectify identified deficiencies by the specified final date; failure to do so will result in summary rejection of the applications and no further correspondence will be entertained.
Dropping from audit proceedings
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Audit exemption for dealers exclusively in exempted goods may permit dropping audits with zonal commissioner approval.
Dealers engaged exclusively in exempted/tax free items may not be taken up for audit and, if a notice has been issued, such cases may be dropped from audit proceedings with the approval of the concerned Zonal Joint/Addl. Commissioner, pursuant to departmental directive issued with the Commissioner's approval.
Constitution of Delhi Trade Board for National Capital Territory of Delhi
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Constitution of Delhi Trade Board establishes multi sector membership and mandate to advise government and enhance trade compliance.
Constitution of a Delhi Trade Board establishes an advisory body with specified official members and nominated trade representatives, chaired by the Principal Secretary (Finance) with the Commissioner (VAT) as Member Secretary. The Board's mandate is to maintain continuous dialogue with trade and small industry, communicate industry problems to government, propose plans to stimulate trade, recommend measures to increase tax revenue and plug revenue leakage, coordinate authorities on trade issues, assess municipal and master plan impacts on commerce, and form sub committees for specific activities.
Applicable excise duty on Sedan cars like Maruti SX4, Honda Civic, Toyota Corolla Altis under notification No. 12/2013-CE dated 1st March, 2013 - regarding
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Excise duty classification: sedan cars meeting SUV technical criteria but known in trade as sedans attract large segment car duty.
The document clarifies that where a motor vehicle meets the notification's technical criteria for an SUV but is not popularly or commercially known as an SUV in trade parlance, it should be assessed under the excise duty rate applicable to large segment cars; specified sedan models satisfying the measurements are therefore to be treated as sedans for duty classification, and implementation issues should be reported to the Board.
Notified as Customs Area - Inland Container Depot of Indev Logistics Pvt. Ltd.
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Customs area declaration expands an ICD with an added covered area under Customs Act authority to handle import export cargo.
Declaration of an additional covered area of the Indev Logistics ICD as a CUSTOMS AREA under the Customs Act for the handling of import and export cargo. The extension (north west side) is delineated by adjacent plots and existing ICD facilities-north: balance plot in B 7; west: plots A 11 and A 12; south: existing ICD yard; east: existing bonded warehouse-and becomes effective on the specified effective date.
Authorized Economic Operator (AEO) programme for implementation
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Authorized Economic Operator programme expands supply chain security requirements and grants reduced guarantees and inspection benefits for trade operators.
The AEO programme permits Indian legal entities in the international supply chain that demonstrate sustained customs compliance, financial solvency and prescribed cargo, premises, conveyance, personnel and business partner security measures to apply for certification; complete applications are validated through pre certification audits and on site verification, decided ordinarily within 90 days, and certified AEOs receive category specific facilitation such as reduced bank guarantees (max 5%), lowered examination rates, transit/transhipment concessions, expedited approvals and extended license validity, subject to ongoing review, suspension, revocation and appeal procedures.
Instructions regarding 'Handling of Cargo in Customs Area Regulations (HCCAR) 2009'
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Demarcated storage requirements: CCSPs must provide separate fumigation and post fumigation facilities to prevent cross contamination immediately.
Under HCCAR 2009, Regulation 6(1) requires CCSPs/custodians to demarcate separate storage areas by nature of goods or other criteria. The Board directs all CCSPs/custodians to provide separate, dedicated fumigation and post fumigation storage enclosures so Plant Quarantine Authorities can perform necessary checks on imports and exports. Commissioners of Customs must ensure immediate compliance and submit a compliance report by the deadline; any difficulties should be reported to the Board.
Monthly Report in respect of cases before the Settlement Commission and work of CIT (DR)
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Reporting obligations for CIT(DR): monthly Settlement Commission reports with acceptability comments and recommended remedial action.
Mandates a recurring reporting obligation on CIT(DR)s for Settlement Commission cases: on receipt of orders they must report admission status, additional income offered and determined, main issues raised, whether the CIT(DR)'s submissions were considered, and provide acceptability comments with recommended remedial measures, including possible writ petitions; reports must follow the prescribed monthly Annexure format and be submitted to the Board by the 5th of each month, with non-compliance to be viewed seriously.
Order under Section 119 of the Income-tax Act, 1961
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Extension of tax return filing due date for taxpayers in disaster-affected area, providing administrative relief and compliance adjustment.
The Central Board of Direct Taxes ordered an administrative extension of the due-date for filing income-tax returns for assessees residing or assessed in the disaster-affected State of Uttarakhand, directing that returns required by the original deadline be accepted on or before the extended deadline as relief for the natural calamity and instructing departmental and professional channels to publicize and implement the adjustment.
Vigilance Set up for Department of Trade & Taxes.
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Vigilance complaint procedure establishes verification, investigation and disposal timelines to process allegations and enable disciplinary action.
Complaints alleging corruption, malpractice or misconduct must be examined by senior officers under CVC guidelines; anonymous or pseudonymous complaints require prima facie verification before administrative action, while complaints with complainant particulars should be verified and treated as pseudonymous if the complainant cannot be contacted. Verifiable complaints trigger comments from concerned functionaries via supervising officers, possible hearings of complainants, and investigation/enquiry; a prima facie case leads to disciplinary or criminal proceedings with competent authority approval. VATO (Vig.) maintains a complaints register and ensures prompt action.
Risk Management and Inter-Bank Dealings – Reporting of Unhedged Foreign Currency Exposures of Corporates
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Reporting of unhedged foreign currency exposures: authorised dealer banks must file quarterly returns via XBRL under FEMA directions.
Authorised Dealer Category I banks must submit a prescribed quarterly statement of corporates' foreign currency exposures and hedges based on bank books in a revised format, filed online only through the Extensible Business Reporting Language (XBRL) system; directions are issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999.
Exim Bank's Line of Credit of USD 19 million to the Government of the Republic of Senegal
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Line of Credit conditions require majority India-sourced supplies, specified shipment and disbursement timelines and regulatory compliance.
The Exim Bank Line of Credit for the Senegal Fisheries Development Project finances eligible exports under India's Foreign Trade Policy and requires that at least 75 percent of the contract price be supplied from India with up to 25 percent procured externally. The Credit Agreement fixes separate windows for opening Letters of Credit and disbursements for project exports and for supply contracts. Shipments must be declared on GR/SDF forms; agency commission is not payable under the LOC though exporters may use own resources or EEFC balances; AD Category I banks must ensure compliance and inform exporters.
Special IT Return Receipt Counters for Salaried Tax Payers With Income Upto Rs. 5 Lakh
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Mandatory e-filing for taxpayers above the income threshold; special paper filing counters provided for salaried taxpayers below threshold.
The CBDT requires electronic filing of returns for taxpayers above the income threshold and discontinues the prior paper filing exemption for salaried employees below that threshold; digital signature is not mandatory and e filers may verify returns by submitting signed ITR V acknowledgements to the Central Processing Centre. Temporary Special Return Receipt Counters at Civic Centre, New Delhi, will accept paper returns only from salaried taxpayers below the filing threshold and will provide auxiliary services and dedicated assistance for senior citizens and persons with disabilities.
Work allocation of Departmental Representatives before ITAT
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Work allocation before ITAT: specified categories and high-value appeals assigned to CIT(DRs); CCIT may reassign as needed.
Work allocation before the ITAT designates that CIT(DR) shall argue search and block assessment appeals, Special Bench/Third Member Bench appeals, revision appeals, DRP matters, appeals challenging CIT orders on charitable registration/exemption, and assessment or penalty/interest appeals exceeding prescribed city-specific monetary thresholds; Sr. DRs handle other appeals. CIT(DR) may delegate limited cases to Sr. DRs with CCIT intimation, CCIT may reassign for administrative reasons, and both cadres must file monthly performance reports in the prescribed proforma.

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