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Circulars
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Overseas Foreign Currency Borrowings by Authorised Dealer Banks
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Overseas borrowing limits for authorised dealer banks paused; revised cap and exceptions pending operationalisation and implementation.
The Reserve Bank proposed increasing authorised dealer banks' overseas borrowing limit to 50% of unimpaired Tier I capital (or a fixed floor), with short term borrowing within that limit capped at 20% of unimpaired Tier I. Subordinated debt placed as Tier II capital, funds raised via innovative perpetual debt instruments, and Reserve Bank approved borrowings remain outside the 50% ceiling. Banks exceeding the revised limits may submit a compliance road map. Operationalisation of the proposal has been deferred due to market and liquidity considerations.
REVISED MONTHLY CUMULATIVE REPORT (MCR)
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Revised mutual fund reporting mandates MCR submission in a new format including gold ETFs and other ETFs.
Revised mutual fund reporting requires the Monthly Cumulative Report (MCR) to be submitted in an updated format adding fields for Gold Exchange Traded Funds and other ETFs; all registered mutual funds must use the enclosed revised MCR template going forward, pursuant to powers under Section 11(1) of the SEBI Act read with Regulation 77 to promote investor protection and market regulation.
Guidelines for Consent Orders and for considering requests for composition of offences
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Consent orders preserve regulatory enforcement flexibility, allowing negotiated settlements subject to procedural waivers and committee approval.
Guidelines create a procedural framework for Consent Orders and Composition Of Offences under SEBI-linked statutes, allowing settlement at any stage after probable cause, subject to referral to a High Powered Committee and approval by designated SEBI authorities. Acceptance depends on detailed factors-intentionality, cooperation, gravity of charge, investor harm, remedial measures and deterrence-and requires broad written waivers of procedural rights; consent orders are binding, published, monitored for compliance, and non-compliance revives statutory enforcement.
Overseas Direct Investment- Rationalisation
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Overseas direct investment: share swaps and pledges to regulated foreign lenders permitted, subject to valuation, limits, and reporting.
Share for share swaps via depositary receipt mechanisms are now an accepted mode of overseas direct investment and are subsumed under the prescribed overseas investment limit, subject to valuation norms and reporting to the Reserve Bank. Indian parties may pledge shares held in overseas joint ventures or wholly owned subsidiaries to overseas lenders regulated as banks to secure fund based or non fund based facilities, provided total financial commitments remain within the Reserve Bank's stipulated overseas investment limit.
Reporting under FDI Scheme - Revised Form FC-GPR
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FDI reporting obligations: Revised FC GPR requires companies to submit updated investment details through authorised banks and annual reports.
Revised Form FC GPR requires companies to report FDI details via Authorised Dealer Category I banks in Part A with supporting company secretary and auditor certificates, and to submit an annual Part B statistical return directly to the RBI statistical division aggregating financial year investments, outstanding foreign liabilities and assets, and portfolio and other investment categories, with specified valuation and reporting instructions and requirements for KYC and inter bank certification where applicable.
849/2007 - 19-04-2007 Central Excise
Guidelines in respect of publication of names under section 37E of the Central Excise Act, 1944
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Publication of names under section 37E sets thresholds and procedural safeguards for public disclosure in excise offence cases.
Publication of names under section 37E empowers the Central Government to disclose assessees' names and particulars of proceedings when necessary in the public interest, with safeguards preventing publication of penalty particulars until appeal opportunities are exhausted, and allows naming officials of associations where justified. Guidelines set duty-liability thresholds, require material evidence of fraud, collusion, wilful misstatement or suppression with intent to evade duty, mandate routing proposals through jurisdictional and central review bodies, committee recommendation to Member (Central Excise) within 30 days, and final Central Government authorisation before media publication.
Enhancement of the Foreign Direct Investment ceiling from 49 per cent to 74 per cent in the Telecom sector - revised guidelines
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Foreign investment ceiling increase in telecoms subject to security vetting and stringent local data and access controls.
The Press Note raises the Foreign Direct Investment ceiling for specified telecom services while aggregating direct and indirect foreign holdings for the cap; investments within the prior automatic threshold remain automatic but any investment impacting the enhanced ceiling requires FIPB approval and adherence to licence terms and Indian law. Robust Security Conditions require Indian residency for key technical and interception officials, majority Indian board representation, security vetting for senior foreign incumbents, local retention and restrictions on transfer of subscriber accounting and user information, prohibition of remote access to interception/content systems, approved remote access locations with Indian mirrors, six-month audit trails, and periodic compliance reporting by licensees.
Amendments/deletions/corrections/additions in the Handbook of Procedures, Vol.2, 2004-2009, as amended
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Standard Input Output Norms restored with revised import-output allowances for specified chemical export product entries in the handbook.
The public notice amends the Handbook of Procedures (Vol.2) by restoring and revising certain Standard Input Output Norms (SION) for chemicals and allied products, reinstating previously deleted SION entries and prescribing detailed import items and allowable quantities against specified export items.
Clarification in respect of classification of higher technology featured mobile / cellular handset or telephones – regarding
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Classification of mobile phones as telephony devices confirms smartphones categorised under telephones when principal function is wireless transmission.
Devices that operate as wireless transmission and reception apparatus with transceivers, antenna, microphone, speaker, battery, radio-frequency and baseband chips, SIM/unique identity and radio-frequency transmission software are to be classed as telephones for cellular or other wireless networks when their primary purpose is telephony; ancillary PDA, camera, GPS or data-processing features do not alter that classification, whereas devices operating exclusively as satellite navigation receivers or machines whose principal function is ADP are classed under radio navigational or ADP headings respectively.
Handbook of Procedures (Volume I) incorporating Annual Supplement as updated on 19th April 2007
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Notification of annual supplement to the Handbook of Procedures updates procedural rules and takes effect from the stated commencement.
Notification under Paragraph 2.4 of the Foreign Trade Policy incorporates the Annual Supplement to the Handbook of Procedures (Volume I) as updated on 19 April 2007, with the annexure and the Handbook Appendices published on the Directorate's website, and states that the instrument comes into force from 1 April 2007.
Transhipment of international/domestic cargo in containers to Indian ports from foreign ports and vice versa through Chennai
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Transhipment procedures: sealed container handling and mandatory IGM/ITSA/ETSA documentation secure two way shipments through Chennai.
Procedure for two way transhipment through Chennai prescribes that the custodian must provide secure customs demarcated storage, maintain vessel wise records, be liable for pilferage, and notify customs of tampered seals. Steamer agents must ensure one time bottle seals at load ports, file IGMs with port wise transhipment annexures, execute a transhipment bond, submit ITSA/ETSA in quadruplicate before each transhipment, obtain destination acknowledgements, and ensure timely re export of empty containers. Customs may order 100% examination of tampered containers and require expedition or apply the procedure for goods not transhipped within the prescribed period.
Corrigendum in circular no. F.III/17/ CT&T/Estt/07/2574-77 dt. 16.04.2007
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Registration certificate issuance procedure updated: certificates to be mailed within a week if applications are complete.
The corrigendum revises issuance of registration certificates: instead of issuing registration at the branch, applicants whose applications show no deficiency will have registration certificates sent by registered post within a week.
848/2007 - 18-04-2007 Central Excise
Withdrawal of circulars 44/89-CX.3 dated 19.7.1989 and 56/89-CX.3 dated 21.9.1989
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Excise duty treatment of ammonium nitrate: prior circulars withdrawn and tribunal precedents accepted to ensure uniform application.
Board accepts the larger Bench finding that ammonium nitrate processed from crude lumps, damaged CAN or melt into fine powder/crystalline form meets the tests of manufacture and marketability and is liable to central excise; it therefore withdraws Circulars Nos. 44/89-CX.3 and 56/89-CX.3 as inconsistent with that settled position, directs field formations and trade to be informed, and requires pending disputes to be decided accordingly.
Inter Unit Transfer of Capital goods from one EOU/STP/EHTP unit to another EOU/STP/EHTP unit -reg
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Capital goods classification clarified: annexure items may qualify for inter unit transfer when used as capital goods.
Items listed in annexures to notification No. 52/2003 Cus that are not in Sl. No. 1 may nonetheless be treated as capital goods for inter unit transfer between EOU/STP/EHTP units if, in a particular case, their use qualifies them as capital goods (e.g., overhead cranes, jigs and fixtures, moulds). This use based qualification also applies to other annexures of the notification and to annexures to notification No. 22/2003 C.E.; Trade/Public Notice publicity and reporting of implementation difficulties to the Directorate General of Export Promotion were directed.
E-Payment of Secondary & Higher Education Cess
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Secondary and Higher Education Cess use existing e payment education cess code pending new account head; bifurcate amounts in remarks.
Pending opening of a separate Head of Account for the Secondary and Higher Education Cess introduced in Budget 2007, collections made through e-payment are to be booked under the existing Education Cess code; online challans must show the bifurcated amounts for Education Cess and Secondary and Higher Education Cess separately in the remarks column.
Parking of Funds in Short Term Deposits of Scheduled Commercial Banks by Mutual Funds – Pending deployment
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Limits on parking mutual fund cash in short term bank deposits set formal concentration, fee and disclosure controls.
Parking of mutual fund cash pending deployment is regulated by limits, holding and reporting requirements for short term bank deposits. Short Term deposits are placements not exceeding ninety one days and must be held in the name of the scheme. Aggregate and per bank concentration limits restrict parking to fifteen percent of net assets across scheduled commercial banks (raiseable to twenty percent with trustee approval), with associate/sponsor bank exposure capped and a per bank ceiling. AMCs may not charge fees for such parking; trustees and AMCs must certify and disclose parked funds in periodic reports.
Documents to be filed by the dealer at the time of application to the Centralized Registration Cell
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Registration documentation: dealers must submit prescribed identity, address and incorporation proofs for grant of VAT registration upon verification.
Dealers must submit prescribed mandatory documents at application to the Centralized Registration Cell and registration is subject to verification of security, business premises and other documents. Required filings include the completed VAT registration form and any central Act form, security in prescribed form, proof of incorporation or partnership deed for non proprietary entities, proof of legal possession of premises, proof of bank account with cancelled cheque for MICR, permanent account details, photographic identity of proprietor/authorized signatory, proof of liability to register where applicable, payment of prescribed fees, two self addressed envelopes, and the dealer's Ward number.
NEW INTERNAL AUDIT SYSTEM
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Internal audit system restructured to separate assessment and audit functions and impose standardized staffing, targets and accountability.
Introduction of a new Internal Audit System replacing prior Chain and Quality Audit systems, prescribing a standardized staffing and headquarters structure for CsIT(Audit), Addl. CITs, SAPs and IAPs, station wise deployments and distribution of newly sanctioned posts; annual audit norms and case selection criteria; roles and accountability for CCIT(CCA), CsIT(Audit), administrative CsIT/DsIT, Addl. CsIT(Audit) and DIT(Audit); timelines and procedures for remedial action, settlement of audit objections, and obtaining explanations from officers where significant objections are accepted.
Amendments in Handbook of Procedure (Volume-I)
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Import registration transition: earlier Bills of Lading may clear under pre-shipment inspection until the new regime begins.
Amendment replaces the final sentence of Paragraph 2.32.2(g) to phase in a new system of import from registered sources from 1 October 2007, while allowing imports with Bills of Lading dated on or before the preceding cutoff to be cleared under the existing Pre Shipment Inspection regime as set out in Paragraph 2.32 and Public Notice No. 1 dated 8 April 2005 until the registration-based system becomes effective.
Returns — Guidelines on new Form ST-3
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Service Tax return format revised: new Form ST-3 mandates expanded disclosures, e filing compatibility, and LTU-specific entries.
Revision mandates all taxpayers to adopt the revised Form ST-3, reflecting LTU procedural changes, recent law amendments, and enhanced return-scrutiny information. The form supports e filing, provides detailed annexed instructions, separates computation by taxable service while consolidating payment details, introduces a premises code for jurisdictional identification, and includes entries for valuation of exported/imported services, self adjustment of excess tax, LTU-specific information, rate-wise value breakups, and fields for education cess when applicable.

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