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Circulars
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Import of Gold by Nominated Banks /Agencies/Entities
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Import of gold requirements: nominated importers must allocate portions for export and retain bonded stock before further imports are allowed.
Nominated banks and agencies importing gold must allocate a minimum portion of each import lot exclusively for export, link such imports to exporter financing, and restrict domestic distribution to jewellery businesses and bullion dealers; the same portion must be retained in customs bonded warehouses. Fresh imports are permitted only after a specified share of bonded stock has been exported; the 20/80 principle applies to all import schemes and prior consignment and LC restrictions are withdrawn. SEZs and EoUs may import solely for exports; AD Category I banks are responsible for monitoring compliance under FEMA.
Export of Goods and Software – Realisation and Repatriation of export proceeds – Liberalisation
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Realisation and repatriation period for export proceeds temporarily shortened; SEZ and overseas warehouse rules remain unchanged.
The time allowed for realisation and repatriation of the full export value of goods or software exported is to be reckoned as nine months from the date of export for exports from April 1, 2013 to September 30, 2013. Provisions for units in Special Economic Zones and exports to warehouses outside India remain unchanged. Category I Authorised Dealer banks must inform constituents. Directions issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999.
Standard Unit Quantity Code (UQC) - regarding.
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Standard Unit Quantity Code: mandate to declare the prescribed UQC in import/export declarations to ensure data quality.
The Customs Tariff Act prescribes a single Standard Unit Quantity Code for each tariff item and Customs formations must ensure the correct prescribed UQC is entered in Bills of Entry and Shipping Bills. The Directorate of Valuation will monitor correct UQC usage and DG (System) will modify software to mandate proper UQC declaration; implementation difficulties should be reported to the Board.
Providing Personal Hearing in terms of Para 2.49.2 of Foreign Trade Policy (FTP) which is incorporated by Notification No 08(RE-2013)/2009-2014 dated 22.04.2013.
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Personal hearing under FTP para 2.49.2 granted monthly; exporters and importers may apply with prescribed supporting documents.
Personal Hearing under the Foreign Trade Policy is available to exporters/importers aggrieved after review (excluding adjudication orders). Requests must be addressed to DGFT with the header "Request for PH before DG under Para 2.49.2 of FTP." Hearings are scheduled at Udyog Bhawan on the second Tuesday of each month (3:00-4:00 PM) or the next Tuesday if that day is not a working day. The covering page must list applicant name and IEC, contact details, representative's name and designation, subject and justification for reconsideration, date/file number of the decision, review date by PRC/competent authority, reason for rejection, preferred PH date, and count of indexed, paginated enclosures.
Guidelines for Weighted Deduction @ 150% of the Expenditure Incurred on skill Development Under Section 35ccd of the Income-Tax Act, 1961
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Weighted deduction for skill development enables eligible manufacturers to claim enhanced tax deduction for notified projects under Section 35CCD.
A statutory incentive permits a weighted deduction of 150% of qualifying expenditure on notified skill development projects for computation of business income. Eligibility is confined to manufacturers (excluding alcoholic spirits and tobacco) and specified service providers; projects must be in separate training facilities affiliated to recognised vocational training authorities. A nodal agency will scrutinize applications and recommend projects for notification. Only expenses wholly and exclusively for the notified project, excluding land or building costs and reimbursable amounts, qualify; separate audited books for the project are required.
Exim Bank's Line of Credit of USD 35 million to the Government of the Republic of Ghana
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Line of Credit conditions require majority Indian supply, GR/SDF export declarations and FEMA compliance by exporters and banks.
Exim Bank's Line of Credit to Ghana finances eligible exports for a sugar-plant project; at least 75 percent of contract value must be supplied from India while up to 25 percent may be procured abroad. The LOC is effective from June 27, 2013 with prescribed last dates for opening LCs and disbursement tied to contract completion or a fixed period from execution. Shipments must be declared on GR/SDF forms. No agency commission is payable under the LOC, though exporters may use own funds or EEFC balances for commission remittance after full realization, subject to prevailing rules. Directions issued under FEMA sections 10(4) and 11(1).
Circular regarding applicability of newly notified Forms DVAT-16 and DVAT-17
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Applicability of revised VAT return forms: new DVAT-16 and DVAT-17 must be used from the next quarter's return filing.
Revised VAT return Forms DVAT-16 and DVAT-17 were notified and came into force on publication; because the notification postdated the close of the first quarter, the amended forms are to be used from the return for the subsequent quarter. The circular clarifies applicability for dealers who may not have maintained the additional details required by the revised formats and directs departmental circulation and website upload for information and action.
Standard Operating Procedure for appeals/SLPs tiled by the assessees in the Supreme Court and related matters: Instruction regarding.
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Caveat filing ensures departmental notice and prompt counter-affidavit processing for SLPs filed by taxpayers in the Supreme Court.
The procedure requires the CIT to decide on filing a caveat after a High Court order, submit a reasoned proposal to the Legal & Research Directorate, transmit vakalatnama to obtain SLP records, furnish para-wise comments to DIT(L&R), and follow a coordinated drafting, vetting and signing process for the counter affidavit through AoR/CAS, with monitoring of the Supreme Court cause-list and adherence to prescribed timelines and reporting responsibilities.
Circular on Sections 10A, 10AA, 10B and 10BA.
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Deduction under section 10A/10B clarifies export-profit deduction and carry forward rules for export-oriented units.
Deduction under Section 10A/10B allows export-derived profits of eligible undertakings to be deducted from the assessee's total income for ten consecutive assessment years beginning with production, after computation of income under the Chapter IV heads and aggregation under Chapter VI. Aggregation and set-off rules (sections 70 and 71) apply before the deduction; losses of eligible units for assessment year 2001-02 and later qualify for carry forward and set off under the Act. Amendments effective from 1-4-2001 permit carry forward of business losses and unabsorbed depreciation for SEZ and 100% EOU units.
Payment of interest u/s 244A of Income Tax Act 1961 when assessee is not at fault - regarding.
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Interest entitlement when taxpayer not at fault: departmental errors require payment of interest unless taxpayer caused delay.
Interest under the tax interest provisions must be paid where delay in refund or adjustment is due to departmental error rather than the assessee. Revenue lapses-such as incorrect uploading of past arrears or failure to follow adjustment procedures-are not attributable to the taxpayer. Assessing Officers may deny interest only if the delay is the taxpayer's fault, and any such denial must be recorded in writing; officers are to comply strictly with this directive.
External Commercial Borrowings (ECB) Policy Repayment of Rupee loans and/or fresh Rupee capital expenditure – USD 10 billion Scheme
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External commercial borrowings: scheme permits ECB for repayment of rupee loans and rupee capital expenditure linked to overseas JV/WOS.
The ECB scheme is extended to Indian companies with overseas JV/WOS/assets, allowing ECB under the Approval Route for repayment of term Rupee loans (average residual maturity five years or more) and for Rupee capital expenditure. ECB eligibility is capped by the higher of 75% of past three years' average foreign exchange earnings or 75% of assessed average potential forex earnings for the next three years from the overseas operations, certified by prescribed professionals. ECB must be repaid out of forex earnings remitted from those overseas JV/WOS/assets; past dividends, repatriated profits and other forex inflows are counted as such earnings.
Clarification regarding applicability of the Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order 2009 for used tyres
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Quality control applicability: Used pneumatic tyres not covered; imports allowed subject to trade policy and environmental consent.
The Quality Control Order (2009) covers newly manufactured pneumatic tyres and tubes, excluding old and used tyres; newly manufactured imports require BIS marking from 13.05.2011. Judicial observations about pre-effect stock apply only to domestic manufacturers and dealers, not to imports. Retreaded or used tyres under specified HS codes are restricted under the Foreign Trade Policy and subject to Policy Condition 1, while certain used rubber tyres with one cut bead wire under a different HS code are freely importable. Imports of used/retreaded tyres require compliance with Foreign Trade Policy and MoEF consent under the Hazardous Wastes Rules, 2008.
Appointment of Common Adjudicating Authority
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Adjudication assignment: Show Cause Notice under Customs Act reassigned to Jamnagar Commissioner for adjudication proceedings.
The Board assigns the Show Cause Notice issued by the Directorate of Revenue Intelligence, Ahmedabad Zonal Unit, in the matter concerning M/s Sai Inorganics and others, to the Commissioner of Customs (Preventive), Jamnagar, for the purpose of adjudication, effecting an administrative transfer of adjudicatory responsibility under the customs notification issued pursuant to the Customs Act.
Appointment of Common Adjudicating Authority
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Common Adjudicating Authority: show-cause notice assigned to Commissioner for adjudication under Customs Act by Board order.
The Central Board of Excise & Customs assigns a Show Cause Notice concerning M/s J.K. Enterprises and others to the Commissioner of Customs (Seaport Import) as the Common Adjudicating Authority, effecting an administrative transfer from the investigative unit to the designated adjudicating authority so the Commissioner may conduct statutory adjudication under the Customs Act.
Appointment of Common Adjudicating Authority
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Assignment of adjudication: Show Cause Notice by revenue intelligence referred to customs adjudicating authority for adjudication.
Under the enabling notification issued pursuant to the Customs Act, the Board assigns the Show Cause Notice dated 29.05.2013 issued by the Directorate of Revenue Intelligence, Mumbai Zonal Unit in respect of M/s Marvel Gem & Jewellery (P) Limited and M/s Mahapuja Products Limited to the Commissioner of Customs, CSI Airport, Mumbai for the purpose of adjudication and notifies relevant officers of the reassignment.
Appointment of Common Adjudicating Authority
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Assignment of adjudication: show cause notice reassigned to Commissioner of Customs for adjudication under Customs Act.
Assignment of adjudication of a specific show cause notice issued under the Customs Act is ordered, transferring the referenced notice concerning M/s Andrew Telecommunications India Pvt. Ltd. to the designated Commissioner of Customs (Import) for statutory adjudication, with copies circulated to the issuing investigative unit and other listed offices for information and compliance.
Appointment of Common Adjudicating Authority
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Adjudication assignment: administrative transfer of a Show Cause Notice to a designated customs adjudicating authority for hearing.
The Board assigns a Show Cause Notice issued by the Directorate of Revenue Intelligence to the Commissioner of Customs (Import) at Chennai Custom House for the purpose of adjudication, effecting an administrative transfer of adjudicatory jurisdiction under notification-based powers conferred by the Customs Act.
Appointment of Common Adjudicating Authority
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Assignment of adjudication: show cause notice transferred to Customs Commissioner to conduct statutory adjudication proceedings.
The Board assigns the Show Cause Notice issued by the investigative unit to the Commissioner of Customs (Port), Kolkata for the purpose of adjudication, effecting an administrative transfer of adjudicatory authority to enable the Commissioner to proceed with statutory adjudication procedures regarding the allegations set out in the notice.
Appointment of Common Adjudicating Authority
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Assignment of Show Cause Notice: adjudicatory responsibility transferred to designated Commissioner of Customs for adjudication.
The Board assigns the Show Cause Notice issued in a specified investigation to the Commissioner of Customs at a named customs office for the purpose of adjudication, transferring adjudicatory responsibility from the investigative authority to the designated customs adjudicating office and circulating copies to concerned offices for record-keeping.
Appointment of Common Adjudicating Authority
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Appointment of common adjudicating authority assigns a DRI show cause notice concerning Lalit Modi to Delhi Customs for adjudication.
The Board assigns Show Cause Notice F.No.DRI/MZU/E/10/2012 dated 12.04.2013 issued to an individual and a corporate entity to the Commissioner of Customs (Imports & General), IGI Airport, New Delhi for adjudication, pursuant to a notification issued under the Customs Act that authorises transfer of matters for adjudication; the order circulates the assignment to the issuing intelligence unit and relevant Customs formations for compliance.

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