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Circulars
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Clarification regarding Guidelines pertaining to approval of foreign/technical collaborations under the automatic route with previous ventures/tie-ups in India.
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Prior Government approval required for new foreign technical collaborations when investor already has ventures in the same field.
Prior Government approval is required for new foreign investment or technical collaboration proposals under the automatic route when the foreign investor has an existing joint venture, technology transfer, or trademark agreement in the same field in India; the same field is to be determined by the four digit National Industrial Classification standard, existing tie ups on the date of notification are treated as existing, and previously issued exemptions for the information technology sector, multinational financial institutions, and mining for the same area/mineral continue to apply.
Procedure for import of certain items under the Indo-Nepal Treaty of Trade signed on 2.3.2002
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TRQ vanaspati imports: validity period extended to allow additional use of the Nepal tariff rate quota this financial year.
The Director General of Foreign Trade, using powers under Paragraph 2.4 of the Foreign Trade Policy 2004 09, amends prior Public Notices to extend the permitted import window for the TRQ vanaspati imports from Nepal for the financial year 2004 05, preserving the authorised annual quota while altering only the validity period for importers to utilise the tariff rate quota.
FII investments in Debt Securities
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FII investment sub-ceilings separation confirmed; corporate and government debt limits treated separately with allocation and rollover restrictions.
The circular confirms distinct, non fungible sub ceilings for Government and corporate debt applicable to FIIs under both 100% debt and 70:30 routes. No further investment or rollover in corporate debt is permitted until total corporate holdings fall within the corporate debt sub ceiling; redeemed corporate debt may be reallocated to Government debt, and Government debt investments by 100% debt FIIs/Sub Accounts are limited to their unutilized notified limits. FIIs/Sub Accounts exceeding allocated limits must refrain from fresh investments or rollovers until compliant.
No requirement of permission for palletisation- regarding
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Palletisation permission no longer required after Let Export Order; separate loading clearance from Customs still required.
When goods are cleared for export by issuance of a Let Export Order (LEO), Customs permission for palletisation carried out thereafter is not required; however, Customs permission for actual loading into the aircraft must still be obtained. The Board directs issuance of a Public Notice to trade and acknowledgement of receipt, with a Hindi version to follow.
Training for the staff of Customs- regarding
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Customs training requirement mandates weekly interactive sessions to update staff on legal and procedural changes affecting clearance.
A mandatory framework requires each Customs House and station to hold weekly informal interactive sessions for staff involved in assessment, examination, bonded warehouses, Container Freight Stations and preventive functions to inform them of legal and procedural changes, local technical issues and tariff-conference points, to be addressed by experienced senior officers, and to be publicised to the trade by Public Notice with receipt acknowledgement.
Clearance of Green Channel containers directly from the ports - regarding
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Direct clearance of Green Channel containers permits port-based release without transhipment, reducing dwell time and streamlining import processing.
Direct clearance of containers designated under the Green Channel is authorized at port premises without mandatory transhipment to the customs area for examination. Importers may obtain release and inspection at the port itself where such practice is operational, intended to reduce cargo dwell time and improve operational efficiency, and trade must be informed through an appropriate Public Notice.
Filing of documents through ICEGATE- regarding
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Mandatory e-filing requirement: agents and traders must use ICEGATE instead of service centers for high-volume filings.
Customs requires migration to ICEGATE e-filing for Custom House Agents, Exporters and Importers who exceed an average daily document filing threshold at a given location, with the average based on filings in the preceding three months; a self-declaration that the filer does not exceed the threshold at that place suffices, and trade must be informed by Public Notice.
Withdrawal of accredited status- regarding
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Withdrawal of accredited status for delayed duty payment suspends special clearance privileges temporarily to incentivize prompt payment.
If an importer or exporter granted special clearance facilities (Green Channel, Accelerated Clearance Scheme or similar) fails to pay duty within the prescribed short time after assessment, that special status will be suspended for a temporary penal period during which their consignments receive standard clearance treatment; status will be reinstated after the penal period. Implementation is to be facilitated through routine EDI operations and communicated to trade via Public Notice.
Delayed, incomplete or incorrect filing of Import Manifest of Import Report- Regarding-
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Import manifest filing: incomplete or incorrect filings treated as improper and subject to penalty unless corrected within deadline.
Incomplete or incorrect filing of import manifests or import reports is not proper filing and may attract penalties if not corrected before the statutory filing deadline. Minor amendments can be made by shipping lines or agents with the proper officer's permission without adjudication; major amendments require prior permission and adjudication. Corrections made before the filing deadline will not attract penalty; uncorrected improper filings should be penalised and decided promptly, including by waiver of show cause notice where appropriate.
Clarification regarding the Date of Submission of Application Submitted through EDI Mode
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E Commerce application filing date recognised as the official filing date, conditional on timely hard copy submission.
For E Commerce/EDI applications the date on which the E Commerce application is submitted and an E Commerce file number is generated shall be treated as the date of filing of application for Advance Licence export obligation purposes, while the hard copy of the application must be submitted to the concerned RLA within fifteen days; a corresponding amendment to the Handbook of Procedures, Vol. I will be made.
Applications for grant of Advance Licence/DFRC involving import of items reserved for State Trading Enterprises
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Import restriction for STE reserved items: licences require declaration and bar such imports unless an ARO is issued.
Applicants for Advance Licence/DFRC must complete all required fields in e commerce applications (notably Appendix 10 B including ITC(HS) codes and customs duty exemption entries) or face return of deficient applications. Applicants must also submit a signed declaration (Annexure A) identifying any items reserved for import by State Trading Enterprises; licences/DFRCs will be issued subject to the condition that items reserved for STE import cannot be imported against the licence/DFRC except upon issuance of an ARO.
Constitution of a Committee for formulation of All Industry Rates of Duty Drawback, 2005-2006 - Regarding
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All Industry Rates of Duty Drawback: committee reconstituted to calculate rates and consult stakeholders for export duty framework.
A departmental committee is reconstituted to formulate All Industry Rates of Duty Drawback, with Terms of Reference to consult ministries, export bodies and stakeholders, calculate modalities and suggest rates for existing and new items, conduct stakeholder meetings and field visits, and submit a report to the Secretary, Department of Revenue. The committee's composition and secretariat arrangements are specified; non-official members are entitled to TA/DA and a sitting fee and all expenses are to be met from the Department of Revenue budget.
Amendments in Appendix 28 of the Hand Book of Procedure(Vol.I)
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Amendment to Appendix 28 expands recognized testing laboratories and updates conformity assessment contact details.
Amendment to Appendix 28 of the Handbook of Procedures (Vol. I) adds entries 30-60 listing international testing and conformity assessment bodies with full contact details and corrects S.No.5 and S.No.19 to update Bureau Veritas and Superintendence Company of India contact information, issued under paragraph 2.4 of the Foreign Trade Policy as a Public Notice by the Director General of Foreign Trade.
Amendment in Sl.No.39 and 40 of Chapter 5 in Table B of Schedule-II of ITC (HS) Classifications of Export and Import Items
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One-time exemption for export of shed antler shavings allows limited licensed shipments subject to pre-shipment inspection and surrender rules.
Prescribes procedural conditions for export of shavings of shed antlers of Chital and Sambhar and manufactured articles thereof: prospective exporters must apply in the Aayaat Niryaat Form to DGFT headquarters; each consignment and related documents are subject to pre-shipment inspection by the Regional Deputy Director, Wildlife Preservation; applications will be considered by the Export Facilitation Committee and licences, if issued, will be subject to conditions. A one-time exemption is allowed until 30 November 2005, after which no exports are permitted and unshipped quantities must be surrendered to the Chief Wildlife Warden.
Exim Bank's Line of Credit of USD 15 million to Government of Senegal
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Line of Credit to Senegal enables export finance for rural SMEs and agricultural equipment, subject to GR/SDF declarations.
The circular notifies authorised banks of Exim Bank's Line of Credit to the Government of Senegal for financing exports of eligible Indian goods and services for rural SMEs and agricultural machinery, effective February 9, 2005, requiring shipments to be declared on GR/SDF Forms, specifying deadlines for letters of credit and disbursement, stating that no agency commission is ordinarily payable (exporters may use own funds if necessary), instructing Authorised Dealer Banks to inform exporters and seek full details from Exim Bank, and issued under FEMA Sections 10(4) and 11(1).
Margin Trading Facility and Securities Lending and Borrowing
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Margin Trading Facility expanded to include eligible IPO securities with new margin forms, NOC process, and implementation reporting.
The circular expands Margin Trading Facility eligibility to IPO securities meeting derivatives-segment criteria, accepts fixed deposits and bank guarantees as cash-equivalent margins, and requires a written no-objection certificate from an existing broker with a 21-day objection window. It limits Approved Intermediaries in the Securities Lending and Borrowing scheme to Clearing Corporations/Houses, permits borrowing idle securities through depository accounts with random borrower selection, and mandates a market-determined borrowing mechanism; exchanges must amend rules, notify members, and report implementation.
Excise duty levy on branded articles of jewellery.
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Excise duty on branded jewellery applies when the brand is indelibly affixed and the item is marketed under it.
An excise duty applies to jewellery only when the article is marketed and sold under a brand and the brand name or trade name is indelibly affixed or embossed on the article; identification marks by goldsmiths or retailers and official hallmarks guaranteeing purity are not treated as branding. Determination of branding is a factual inquiry based on commercial understanding.
Fast Track Clearance Procedure
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Fast track clearance for eligible EOUs streamlines customs: self-sealing, factory stuffing, and risk-based examination norms.
Fast Track Clearance Procedure applies to EOUs holding a status holder certificate and implements measures permitting self-sealing of containers, simplified factory stuffing (including stuffing on prior intimation), superficial port checks with detailed examination deferred to EOU bonded premises except on intelligence, risk-based examination norms set by Commissioners, expedited DTA clearance of rejects, sample exports on intimation, temporary removal of capital goods on intimation with verification, and prior-intimation-based installation of specified office equipment.
Foreign Direct Investment (FDI) in townships housing, built-up infrastructure and Construction projects
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FDI in townships allowed under automatic route subject to area, development, capitalization and compliance conditions.
The Government permits 100% FDI under the automatic route in townships, housing, built-up infrastructure and construction projects subject to minimum land or built-up area thresholds, a minimum capitalization requirement with prescribed fund remittance timing, and a repatriation lock-in unless earlier exit is approved. At least 50% of each project must be developed within a stipulated period; sale of undeveloped plots is barred until infrastructure is provided and a completion certificate obtained. Projects must comply with applicable land use, building control and municipal norms, with investors responsible for approvals, charges and compliance, and local bodies monitoring adherence.
Factoring of 2% Education Cess in Brand Rates and Special Brand Rates of Duty Drawback determined under Rule 6 and Rule 7 of the Customs & Central Excise Duties Drawback Rules, 1995-reg
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Education Cess inclusion required in brand and special brand duty drawback rates, aligning them with All Industry Rates.
2% Education Cess, leviable on aggregate customs duties and collected as customs/excise duty, shall be factored into Brand Rates and Special Brand Rates of duty drawback determined under Rule 6 and Rule 7 to align those rates with All Industry Rates; a Trade Notice and Standing Order should be issued and implementation difficulties reported to the Board.

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