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Circulars
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Dispute Resolution Scheme of Service Tax 2008 – reg
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Dispute Resolution Scheme designation: officers appointed to adjudicate service tax cases within specified divisional jurisdictions under official notification.
Office Order No.01/2008 designates Deputy/Assistant Commissioners as designated officers under Section 92(b) of the Finance Act for the Dispute Resolution Scheme of Service Tax 2008, assigning Divisions I-IV Silvassa and Vapi Division responsibility to receive and process service tax dispute resolution matters for assessees within their respective jurisdictions.
Amendments in Hand Book of Procedures (Vol. I). RE 2008 ANF 4 I, the following Annexure shall be added
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Export compliance certification requires CA/CWA verification of records and confirmation of export proceeds realisation.
The amendment requires a Certificate of Chartered Accountant/Cost and Works Accountant in ANF 4 I confirming examination of prescribed registers and export/import records, agreement of the Aayaat Niryaat Form with the Foreign Trade Policy 2004-09 and books of account, non affiliation of the auditor with the applicant, acknowledgement of penal consequences for false statements, and certification that the exporter has realised 95% or more of export proceeds for the preceding three licensing years subject to stated exclusions; auditor must sign each page with registration number.
Service Tax Dispute Resolution Scheme 2008 - reg
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Service Tax Dispute Resolution Scheme circulated: notification and circular issued and stakeholders urged to publicize guidance.
Service Tax Dispute Resolution Scheme 2008: Notification No. 28/2008-Service Tax and Circular No. 102/5/2008-ST, together with a local office order, are circulated to provide procedural guidance for implementation; trade associations and advisory committee members are requested to publicize these documents among their members.
Accounting Code for 6 new taxable services
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Service Tax accounting codes assigned for six newly taxable services, requiring departmental allotment and trade notice.
Six services were placed under the service tax net effective 16-5-2008 and distinct Heads of Accounts under Major Head 0044 were opened with allotted eight digit accounting codes and SCCD/Srl codes. Each minor head includes sub heads for Tax Collection, Other Receipt (interest/penalty) and Deduct Refunds (for departmental refunds). The codes must be intimated to Commissioners with advice to issue a Trade Notice for assessees; the memorandum also directs dissemination among trade associations and specifies separate heads for education cesses.
PROCESSING OF RETURNS OF ASSESSMENT YEAR 2007-08 - STEPS TO CLEAR THE BACKLOG
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TDS acceptance thresholds tightened to accelerate return processing, with limited automated credit and an intensive TDS compliance drive.
Backlog clearance will rely on redeployment and permitted outsourcing of data entry with funding and proposals routed to the Directorate of Income-tax (Systems). Networked stations will use 2D AST software and non-networked stations TMS with provided OLTAS data; AST matching rules will be revised. Upfront acceptance of TDS credit is limited to returns meeting specified low-value criteria, while other returns and all scrutiny cases require verification from deductors or assessees; credits linked to duplicate/bogus PANs or missing certificates will be granted only after full verification. A time-bound, intensively monitored TDS compliance drive will pursue late filers and correct missing PAN reporting.
Appointment of officers of Directorate General of Audit as Central Excise Officers - reg.
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Appointment of Audit Officers as Central Excise Officers empowers consolidated financial scrutiny and head office visits for multi location audits.
Notification No. 28/2008-CE(NT) appoints officers of the Directorate General of Audit as Central Excise Officers of corresponding grade and authorises zonal ADG(Audit) and zonal units to obtain consolidated financial statements from Head/Corporate offices, determine the Head office's role in unit operations, visit Head/Corporate offices for scrutiny, and send staff to registered offices when jurisdictional teams identify verification needs.
Payment of CBEC dues without 15 digit Assessee code
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Placeholder Assessee code allowed where first-time payer lacks code; banks may accept countersigned challans under certification.
Where an assessee lacks a 15 digit Assessee code because the payment is a first-time or one off CBEC remittance, banks may accept GAR-7 challans quoting fifteen 9s as a placeholder provided the challan is examined and countersigned by the concerned Authority of the relevant Commissionerate certifying that the assessee has not applied for the code, is a first-time payer, and is not likely to remit dues in future.
Consolidated Policy on Foreign Direct Investment
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Foreign Direct Investment caps and entry routes govern sectoral access, distinguishing automatic approvals from prior government scrutiny.
The consolidated policy prescribes sectoral FDI caps, entry routes (Automatic or FIPB) and specific conditions for permitted activities, while identifying a limited list of prohibited sectors. Many sectors permit up to 100% foreign equity on the automatic route subject to licensing and sectoral statutes; several key sectors (defence, banking, insurance, telecom, broadcasting, aviation, real estate development, commodity exchanges and certain financial services) are subject to capped foreign participation and additional conditions such as divestment to Indian partners/public, minimum capitalization norms, licensing, and security clearances. Prior government approval is required in prescribed circumstances.
Exemption from Excise duty under the Notification No 108/95 CE dated 28.8.95
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Exemption scope clarified: goods must be permanently incorporated into projects to qualify for excise duty relief.
The exemption from excise duty under Notification No. 108/95 CE (as clarified by Explanation 2) applies only to goods procured with project funds and actually used and consumed in the core project activity, and only where such goods become part of the project on a permanent basis. Goods or equipment purchased independently by contractors that remain with the contractors after project completion and are redeployed commercially do not qualify. The amendment is clarificatory; pending disputes should be resolved accordingly and essentiality certificates must be issued only for goods meeting this permanent-incorporation criterion.
Scrutiny of service tax returns - reg
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Service tax return scrutiny limited to detected anomalies; taxpayers contacted only for short-levy or filing errors by superintendent.
Instructions require that service tax return scrutiny be conducted using return data without informing taxpayers; contact with taxpayers is permitted only when checks reveal short-levy, non-levy, arithmetical inaccuracies or errors in filling the return form. Any contact must be undertaken by an officer not below the rank of Superintendent of Central Excise, with a record of communication maintained and subject to periodic senior review.
Service Tax on pre-closure under banking and other financial Services - regarding
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Service tax on pre-closure charges treated as consideration for services, attracting tax under banking and financial services.
Levy of service tax applies to pre-closure or fore-closure charges collected by banks and financial institutions in relation to lending, since these charges are not interest but are consideration for services. Banking and other financial services include lending, and such non-interest amounts must be treated as consideration for services and accordingly be levied to service tax. Field formations are instructed to take appropriate action to ensure consistent treatment and enforcement.
Deferred Payment Protocols dated April 30, 1981 and December 23, 1985 between Government of India and erstwhile USSR
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Special currency basket value revision notified; banks must adopt the updated rupee valuation under FEMA directions.
Revision of the special currency basket rupee value was notified to Authorised Dealer Category I banks, effective May 23, 2008, replacing the earlier indicated valuation; banks are directed to inform their constituents. The directions are issued under the Foreign Exchange Management Act, 1999 and are without prejudice to permissions under other laws.
Regarding Court Fee Amount
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Court fee compliance required when issuing statutory VAT and CST forms; surety must be reviewed and may be increased.
Value Added Tax officers issuing Central Statutory Forms must verify and apply the prescribed court fee procedure when issuing forms under the Delhi VAT and Central Sales Tax Acts. Ward VATOs must periodically review dealers' surety, considering taxable turnover, tax exposure and the value of statutory forms, and may require additional surety. The value of statutory forms claimed should be ascertained from Column R-11 of DVAT Form 16.
Guidelines for compounding of offences under Customs and, New Delhi on the above subject matter. Central Excise Acts
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Compounding of offences: guidelines circulated and trade directed to publicize the circular on administrative settlement procedures.
The notice encloses Circular No. 54/2005-Cus containing procedural guidelines on compounding offences under Customs and Central Excise and directs trade associations, chambers of commerce and Regional Advisory Committee members to publicize the circular so stakeholders follow the prescribed administrative mechanism for settling violations by payment or agreed measures rather than formal prosecution.
Head of Accounts for 6 new Services brought under Service Tax net w.e.f 16-5-2008
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Service Tax expansion: six specified services added to the tax net with dedicated accounting heads and codes.
Six services were added to the Service Tax net effective 16-5-2008 and new accounting heads were opened under Major Head 0044 with assigned eight digit reduced accounting codes plus SCCD and serial codes. The services include IT software for business, ULIP investment management, recognized stock exchange services, recognized/registered association services for goods/forward contracts, processing and clearing house services, and supply of tangible goods for use without transfer of possession. Administrative instructions call for communication of these codes to Commissioners and issuance of Trade Notices; distinct sub heads are prescribed for Tax Collection, Other Receipt and Deduct Refunds, and specified cess heads are identified.
Amendments in Hand Book of Procedures (Vol. I). RE 2008 Sl. No 23 of Aayaat Niryaat Form (ANF-8) shall be substituted
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Excise documentation requirement mandates central excise attested invoices with ER 1/ER 3 and certified supply invoices for ANF filings.
The amendment requires central excise attested invoices with corresponding ER-1/ER-3 showing Terminal Excise Duty paid as primary proof in ANF-8, and substitutes applicant guidelines to mandate Central Excise certification of supply invoices, ARE-3 or bond officer certified supply invoices for bonded/export units, and original input-stage invoices with ER-1/ER-3 certified by Central Excise to support DBK schedule entries in the prescribed format.
Summer Break from 02-6-2008 to 28-6-2008
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Ex-parte assessment suspension: appellate authorities to refrain from ex-parte orders during summer break, with specified exceptions.
Appellate authorities are directed not to pass ex-parte assessment orders for non-appearance of counsel during the summer break; counsel may still appear voluntarily or in response to notices. Exceptions to the non-passage instruction include remand assessments, registration cases, objections under Section 74 of the DVAT Act 2004, and matters that would become time-barred; those matters remain subject to normal processing.
Short Selling and Securities Lending and Borrowing & Net Settlement of Government Securities Transactions – Amendments to SEBI (Mutual Funds) Regulations, 1996
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Short selling and securities lending allowed for mutual funds with mandated scheme disclosures and RBI-guided treatment of contracted government securities.
Mutual funds are permitted to undertake short selling and securities lending and borrowing after making additional disclosures and risk-factor entries in the Scheme Information Document as required by SEBI. The Seventh Schedule is amended to permit sale of a government security already contracted for purchase when done according to Reserve Bank of India guidelines, with the amendments effective from publication and a notified date set for implementation.
Procedure for refund of 4% Additional Duty of Customs in pursuance of Notification No.102/2007-Customs dated 14.9.2007
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Refund of 4% Additional Duty requires specified documents, CA certification, single monthly claim, and non-passing declaration.
Refunds of the 4% Additional Duty of Customs under Notification No. 102/2007 require submission of duplicate Bill of Entry, TR-6 challan, original sales invoices and VAT challans, a calculation worksheet (Annexure-A), self-declaration (Annexure-B), and a Chartered Accountant certificate (Annexure-D). Only one consolidated refund claim per importer per month is permitted. Originals of VAT challans and sales invoices will be returned after endorsement or settlement. Importers must declare non-passing of the duty incidence, payment of applicable sales tax/VAT/CST on resale, and proper accounting treatment; the CA must certify correlation and absence of unjust enrichment.
FII investments in Debt Securities
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FII debt investment limits increased with first-come-first-served allocation and per-entity ceiling enforced.
SEBI increased cumulative caps for FII investment in Government Securities and Corporate Debt, allocating the enhanced limits on a first come first served basis subject to an entity ceiling of US $200 million per registered entity; allocation requests must be sent to the dedicated email channel specified in the prior circular and custodians must notify their FII clients.

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