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Circulars
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Establishment of connectivity with both NSDL and CDSL- Shifting from Trade for Trade Segment (TFTS) to Normal Rolling Segment (NRS)
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Shift from Trade for Trade Segment to Normal Rolling Segment directed for companies with established dual depository connectivity.
SEBI directed stock exchanges to shift listed companies that had established connectivity with both NSDL and CDSL on or before 30.09.2003 from the Trade for Trade Segment to the Normal Rolling Segment unless other specific grounds justified continuation in TFTS, and to report action taken in Section II, item 13 of the Monthly Development Report for January 2004.
Review of norms relating to trading by members/sub brokers
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Restrictions on inter-broker trading require brokers to deal with only one counterparty to reduce regulatory risk.
SEBI directs exchanges to prohibit brokers/sub brokers from dealing with brokers/sub brokers of the same exchange without prior exchange permission, permitting such dealings only with one counterparty after due diligence; limit proprietary dealings across exchanges to one counterparty after intimation; reiterate that a sub broker shall not be affiliated to more than one stock broker of the same exchange; require registration for cross exchange client dealings; and mandate immediate implementation, bye law amendments, member notification and reporting of implementation.
Overseas Investment by Indian Companies/Partnership Firms –
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Removal of monetary ceiling for overseas investment permits companies and partnerships to invest up to net worth, with ODR reporting.
Removal of monetary ceiling permits resident companies and registered partnership firms to invest up to 100 percent of their net worth in overseas JVs/WOS without a separate monetary cap, subject to reporting in Form ODR; agricultural activities including purchase of land abroad are allowed directly or through overseas offices within the same net worth-based limit, with regulatory amendments to follow.
Revised All Industry Rates of Duty Drawback, 2003-2004 in respect of Knitwears and Knitted Garments–- regarding
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Duty drawback rates revised for knitwears; field formations must apply rates from original effective date and update systems.
Revision of duty drawback rates for knitwears and knitted garments under Notification No.77/2003-Customs(N.T.) requires field formations to apply the enhanced rates from the original effective date, update EDI directories to reflect the revision, and stop requiring exporters to file supplementary drawback claims; Board instructions should be issued urgently to redress exporter grievances and ensure consistent implementation.
770/3/2004 - 09-01-2004 Central Excise
Jurisdiction of Maritime Commissioners – regarding.
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Jurisdiction of Maritime Commissioners limited to port of exportation; bonds and rebate claims must be filed with corresponding Maritime Commissioner.
Jurisdiction of Maritime Commissioners is confined to the port, airport, land customs station or post office from which the export actually takes place; each Commissioner of Central Excise responsible for such export locations has been designated a Maritime Commissioner. Claims for rebate of duty may be lodged with the Assistant/Deputy Commissioner of Central Excise with jurisdiction over the factory or warehouse or with the Maritime Commissioner for the port of exportation, and bonds for export without payment of duty must be executed with the corresponding jurisdictional officer or Maritime Commissioner.
Basis of calculation of quantity of Crude Petroleum Oil for the purpose of levy of National Calamity Contingent Duty (NCCD)
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National Calamity Contingent Duty calculation: levy based on crude oil produced and supplied from oil fields, not refinery receipts.
The circular directs that National Calamity Contingent Duty on crude petroleum oil is chargeable on the total quantity produced and supplied from the oil field to refineries, not on the net quantity received by refineries; field formations are to be informed and the view follows consultation with the revenue policy wing and administrative conference discussions.
Fixation and modification of input and output norms
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Fixation and modification of input output norms updates SION entries and adds new product-specific input allowances for exports.
Director General of Foreign Trade, invoking Paragraph 2.4 of the Export and Import Policy, amends Handbook of Procedures Vol.2 by substituting, deleting, correcting and adding Standard Input Output Norms. Annexure A lists targeted corrections and norm substitutions (including changes to import input lists, units and quantities, deletions and fuel note revisions). Annexures B-E add new SION entries for Chemicals, Engineering, Plastic and Textile Products specifying export items with corresponding permitted import inputs and precise allowed quantities per export unit.
Admissibility of duty drawback to the supplies effected by DTA Units to Special Economic Zones - reg
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Duty drawback admissibility to DTA supplies to SEZs: payment permitted only once Chapter XA is notified.
Payment of duty drawback on supplies from DTA units to SEZ units is not currently admissible because Chapter XA of the Customs Act, 1962 has not been notified; consequently the amendment treating such supplies as physical exports and Circular No.24/2003-Customs will become operative only when Chapter XA is brought into force. Public notices and standing orders should be issued and receipt of the Circular acknowledged.
Scheme for introduction of Exchange Traded Interest Rate Derivative Contracts on a basket of Government Securities
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Interest rate futures on a notional decade bond allowed, cash settled and priced by a basket average YTM.
SEBI permits cash settled interest rate futures on a 10 year coupon bearing notional bond, priced as 100 minus the simple average YTM of a disclosed basket of at least three government bonds (maturities around nine to eleven years); Exchanges must disclose contract conventions, settlement formulas, and allow contracts up to twelve months with possible quarterly expiries.
Effective handling of Central Excise & Customs Appeals, Recommendations of the Expert Group-instructions
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Departmental appeal procedure: tighten representation, filing and drafting standards to improve effectiveness of excise and customs appeals.
Guidelines require effective Departmental representation before Commissioner (Appeals), timely filing of appeals with proper authorization and correct statutory citations, and submission of appeal copies to CDR/Jt. CDR after CEGAT filing for technical scrutiny. Show Cause Notices must be carefully drafted, avoid trivial or frivolous invocations of the suppression clause, and attach relied-upon documents. All orders-in-original, including refunds, must be speaking orders reviewed by Review Branches. Commissionerates must appoint nodal officers to maintain case databases and coordinate with the Directorate of Legal Affairs.
Levy of Service Tax under category of Clearing & Forwarding Agents in respect of Adhatiyas.
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Service tax classification of grain agents: not Clearing & Forwarding agents; treated as commission agents and exempt under notification.
Service tax does not apply to Adhatiyas as Clearing & Forwarding Agents absent a principal-agent relationship; their grain-agent activity is classified as Commission Agent services under Business Auxiliary Services and is covered by the notification exempting commission agents from service tax, and a trade notice should be issued to inform the trade.
Amendment/correction in the schedule of DEPB rates
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DEPB schedule amendment updates product description and adds entitlement for aluminium alloy conductor exports under export policy.
The public notice amends the Schedule of DEPB Rates by revising the export product description at Sl.No. 461 to "Pilfer Proof Caps- Plain/Printed with EP Liner" and inserting a new schedule entry for "All Aluminium Alloy Conductor" with a DEPB Rate of ten percent and no value cap for DEPB entitlement.
Withdrawal of Board’s Circular No.618/9/2002-CX, dated 13-2-2002- Removal of Goods by 100% EOU to DTA-Clarification Regarding Levy of duty on Removal of Goods by 100% EOU to DTA
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Duty classification for removals by full EOU units now governed by proviso to Section 3(1) before debonding.
All goods manufactured by a 100% EOU and cleared into the DTA before final debonding are chargeable to duty under the proviso to Section 3(1) of the Central Excise Act, 1944; goods of 100% EOUs cannot be assessed under the main section 3(1). The Board has withdrawn its earlier circular of 13-2-2002, accepts the Tribunal's larger bench decision, directs payment of duty on finished goods and appropriate duty on bonded capital goods and raw materials before debonding, and requires publicity and reporting of implementation difficulties.
SEBI (Central Database of Market Participants) Regulations, 2003
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Unique Identification Number requirement: intermediaries must obtain UIN with biometric enrolment or cease acting as intermediaries.
Specified intermediaries and their related natural persons must obtain a Unique Identification Number from the Designated Service Provider using the prescribed application channels; biometric impressions (left and right thumb and index) and a photograph must be submitted electronically, and applicants must provide true information. After allotment, they must notify changes in particulars to the MAPIN database within thirty days and ensure related persons obtain or apply for a UIN within thirty days; contraventions attract regulatory action under the Regulations.
Facility for single registration and filing single return for Assessees providing more than one services.
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Single registration and return for multiple taxable services - registration must be issued promptly and declarations accepted without probing.
Service providers rendering multiple taxable services may apply once in Form ST-1 listing all services and obtain a consolidated Certificate of Registration in Form ST-2; a single Form ST-3 return suffices with separate columnar details per service. The jurisdictional Superintendent must accept the ST-1 declaration without questioning its correctness, verify the application, and grant registration within the period prescribed by the Rules or the registration will be deemed granted.
E-filing of Service Tax Returns – Reg.
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E-filing of service tax returns extended to all taxable services; procedures, verification and penalty assurance for technical failures.
The Board extends e-filing of ST-3 returns to all taxable services, conditioned on assessees having and using the 15 digit STP code in challans (or furnishing challan copies if not previously used). The circular sets application timing, Commissioner-designated contacts, issuance of user id/password, download and submission procedures, generation of a computer-generated acknowledgement tied to STP code and payment details, and bank-data verification; it provides an assurance against invoking the statutory penalty for first-time e-filing failures but not for non-payment or mis-declaration, and requires manual filing if acknowledgement is not obtained within the prescribed period.
Section 9 of the Income-tax Act, 1961 - Income deemed to accrue or arise in India - Taxation of Business Process Outsourcing Units in India
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Permanent establishment attribution governs whether BPO activities in India generate taxable profits, depending on activity nature and arm's length pricing.
Where an IT enabled entity in India performs incidental functions (procurement of orders, concluding contracts, call centre services) for a non resident principal, the insignificant profit attributable to those functions may be treated as part of the permanent establishment's income in India if charges are at arm's length; no separate income accrues to the non resident apart from the PE income. If the Indian entity performs core revenue generating activities, substantial profits attributable to those activities are taxable in India in accordance with the relevant tax treaty and domestic law.
SEBI (Central Database of Market Participants) Regulations, 2003
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Unique Identification Number requirement mandates biometric registration and ongoing reporting; non-compliance attracts regulatory action from intermediaries
SEBI designates NSDL as the Designated Service Provider and requires specified intermediaries and related persons to obtain a Unique Identification Number (UIN), with natural-person applicants providing electronic biometric impressions and a photograph; applicants must supply truthful information and face specified regulatory action for false statements. Post-allotment continuing obligations include notifying changes to the MAPIN database within thirty days and ensuring related persons obtain or apply for UINs within thirty days. Depositories must amend bye-laws, notify participants, publish the circular, and report implementation to SEBI.
Registration/Renewal of Foreign Institutional Investors and Sub Accounts
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FII registration: SEBI mandates prescribed fee payment with applications; authorised dealers may open accounts for SEBI registered FIIs.
SEBI requires prospective FII applicants and renewing FIIs/sub accounts to submit the fees prescribed by the SEBI (Foreign Institutional Investor) Regulations, 1995 with their applications; authorised dealers, per RBI general permission, may open bank accounts for entities already registered with SEBI, and custodians must inform their FII clients of these requirements.

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