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Circulars
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SEBI (Mutual Funds) (Amendment) Regulations, 2006 - GETF
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Gold Exchange Traded Funds restricted to investments in gold and specified gold instruments, with custody and liquidity rules governing deployment.
Gold exchange traded fund schemes are defined and authorised to invest primarily in gold or gold related instruments (as specified by the Board). Money raised under a Gold ETF must be invested only in gold or gold related instruments except as necessary for liquidity disclosed in the offer document; pending investment, funds may be placed in short-term deposits of scheduled commercial banks. Custody of gold assets may be held by a bank registered as a custodian. Recurring storage and handling expenses are permitted, and initial issue expenses are capped by regulation.
Clarifications relating to DEPB Schemes
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DEPB scheme eligibility clarified: imports during the notification gap may provisionally receive DEPB credit and valid older licences honoured.
Imports with bills of entry filed during the interval between DEPB notifications may provisionally receive DEPB credit, subject to licence validity and fulfillment of the controlling notification's conditions. DEPB licences referencing earlier notifications may still be used under the current notification provided the licence validly covers the imported goods and all notification conditions are met; licences issued under earlier open ended notifications may likewise be utilized where valid.
Amendments in Handbook of Procedures (Vol. I)
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Duty free import of spices limited to genuine value addition; export obligation must be fulfilled within a fixed short period.
Duty free import of spices under advance licence and EOU/SEZ provisions is limited to specified value addition processes such as crushing, grinding, sterilization or manufacture of oils and oleoresins and excludes simple cleaning, grading or re packing. Export obligation arising from such imports must be fulfilled within a prescribed short period measured from the date the first import consignment is cleared by customs, and EOU/SEZ units face an explicit minimum value addition requirement.
Retrospective levy of definitive Anti-Dumping Duty (ADD)
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Retrospective anti-dumping duty: final ADD may be collected for the interregnum when imposed from the provisional levy date.
The Law Ministry's view, endorsed by a tribunal, allows imposition of a final anti-dumping duty with retrospective effect from the date of provisional imposition, making duty payable for the intervening period after provisional duty lapsed; customs should collect the final duty on imposition and finalize pending assessments accordingly, while the existing rule requiring refund when final duty is lower remains operative.
External Commercial Borrowings (ECB) by Multi-State Co-operative Societies
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External commercial borrowings access for multi state co operative societies now allowed under approval route subject to solvency and audited financial compliance.
ECB by multi state co operative societies engaged in manufacturing are allowable under the Approval Route provided the society is financially solvent, submits an up to date audited balance sheet, and the proposal complies with all ECB parameters such as recognised lender, permitted end use, average maturity period and all in cost ceiling as specified in the ECB guidelines.
Modes of despatch of refunds in public issues
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Refund modes in public issues: electronic transfers permitted, with ECS mandated in specified centres and timing obligations for file transfer.
SEBI amended the DIP Guidelines to allow refunds by ECS, Direct Credit, RTGS and NEFT; applicants in specified RBI clearing house centres will receive refunds by ECS unless eligible for Direct Credit or RTGS. Registered bankers must coordinate with registrars to ensure electronic refund files are transmitted to the clearing system within the time prescribed in Clause 6.13.2.26 of the Guidelines.
Review of the eligibility criteria of stocks for derivatives trading especially on account of corporate restructuring
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Derivatives eligibility after corporate restructuring: exchanges must reintroduce near, middle and far month contracts if criteria met.
Exchanges may reintroduce derivatives on a post restructured company from its first trading day only if: futures and options on the pre restructured company previously traded; the pre restructured company met a market capitalisation threshold pre restructuring; the post restructured company is likely to be at least one third the size of the pre restructured company by revenues, assets, or analyst valuations in the exchange's view; and the restructuring does not create disqualifying characteristics (e.g., extremely low free float). If conditions are satisfied, exchanges shall introduce near, middle and far month contracts in the initial contract month; thereafter normal eligibility rules govern.
Modification of the Trading Member / FII / Mutual Fund position limits for stock based exchange traded derivative contracts
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Position limits for trading members and institutional investors updated to tighten combined and futures caps under SEBI rules.
SEBI revises position limits for Trading Members, FIIs and Mutual Funds in stock-based exchange traded derivatives: for stocks with MWPL at or above the specified threshold, combined futures and options positions are limited to 20% of MWPL or a fixed cap, with stock futures capped at 10% of MWPL or a lower fixed cap; for stocks below the threshold, combined positions are 20% of MWPL and futures positions capped at 20% of MWPL or a lower fixed cap. MWPL and client-level limits remain unchanged and monitoring follows existing SEBI procedures.
Amendments in Handbook of Procedures (Vol. I)
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Amendment to trade procedures updates Certificate of Origin issuer details and removes RBI approval requirement for IEC filings.
The Handbook of Procedures (Vol. I) amends Appendix 4C to modify the listed agency entry for issuance of Certificate of Origin (Non-Preferential) and deletes from the Aayaat Niryaat Form guidance the requirement for a self-certified copy of RBI approval where non-resident interest with repatriation benefits exists for IEC applications.
046 - 20-01-2006 VAT - Delhi
ARRANGEMENTS FOR RECEIPT AND MOVEMENT OF MONTHLY / QUARTERLY RETURNS IN JANUARY 2006
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VAT return filing arrangements centralise receipt and prioritise refund claims to ensure prompt data entry and tracking.
Centralised arrangements require designated Front Office counters and extension counters to accept and segregate monthly and quarterly VAT returns, with priority processing for quarterly returns claiming refunds. A colour-coded acknowledgement procedure (pink for refund; green for no-refund) with stamped, serialised portions ensures TIN entry and tracking. All returns must be manually received, bundled, indexed and data-entered at the Front Office; zonal in-charges are accountable for staffing, transport, supervision and forwarding to wards. Returns with incorrect TIN or technical faults are to be sent to the concerned ward for corrective action.
IPOs – ISINs to be activated after commencement of trading on the stock exchanges
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ISIN activation timing limited to trading commencement to prevent pre-listing transactions and protect investors.
Depositories must activate ISINs for IPO shares only on the date trading commences on stock exchanges to prevent pre-listing transactions. This procedural restriction on ISIN activation timing is issued under the powers of Section 11(1) of the SEBI Act to protect investors and to promote and regulate the securities market.
Vishesh Krishi Upaj Yojana benefits for export of Cashew (080131, 080132 & 20081910)
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Vishesh Krishi Upaj Yojana eligibility extended for cashew exports, expanding the period during which exports qualify for benefits.
Exports of cashew under ITC (HS) Codes 080131, 080132 and 20081910 are entitled to Vishesh Krishi Upaj Yojana benefits for exports made in the expanded eligibility period specified by the circular; the earlier policy circular is modified to reflect this extended period of entitlement for the named commodity codes.
Exim Bank’s Line of Credit of US$ 10 Million to Absolut Bank, Russia.
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Line of Credit for export finance establishes utilization and disbursement periods and regulates agency commission payments.
A Line of Credit was extended by the export credit agency to a foreign bank to finance exports eligible under India's Foreign Trade Policy, effective December 2005, with specified terminal utilization and disbursement periods subject to extension. Shipments must be declared on GR/SDF forms. Reserve Bank may permit agency commission for after sales service up to a capped amount on merit, payable in the borrower's jurisdiction by invoice deduction with corresponding adjustment to reimbursable disbursements; exporters may alternatively pay commission from own resources or EEFC balances and AD banks may allow remittance after realisation, subject to prevailing instructions. Directions are issued under FEMA and are without prejudice to other legal permissions.
Guidelines on Anti Money Laundering Standards
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Anti money laundering obligations require intermediaries to maintain transaction records and appoint a principal officer for compliance
Intermediaries must adopt Anti Money Laundering standards under the PMLA: maintain records of specified transactions (cash transactions above the prescribed threshold, related series of cash transactions within one month, and all suspicious transactions), implement a policy framework within one month, designate a Principal Officer for PMLA compliance and notify that officer's contact details to the Director FIU; detailed procedures and reporting formats will follow.
Classification of used rails
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Classification of used rails confirmed as rails under the tariff, not as ferrous waste or scrap.
The Board concluded that the waste-and-scrap tariff heading applies only to material ordinarily used for metal recovery by re-melting or for chemical manufacture and excludes structural items or worn railway lines usable after renewal; by contrast, the HSN note for rails covers all rails of the type used for railway or tramway track irrespective of intended use. Consequently, "used steel rails" shall be classified under the tariff heading for rails and not under ferrous waste and scrap.
044 - 17-01-2006 VAT - Delhi
Rate of tax on "Tea" (beverage) in the form of a ready-to-sip preparation, served in food joints, restaurants and other such places
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Taxability of ready-to-sip tea: beverage served in food outlets is subject to VAT as a taxable beverage.
Ready-to-sip tea served to consumers in food joints, restaurants and similar places is classified as a beverage and taxable at 12.5% VAT; this category must not be conflated with other Third Schedule entries.
AMENDMENT OF SECTION 80-HHC BY TAXATION LAWS (AMENDMENT)ACT, 2005 IMPOSITION OF PENALTY/RECOVERY OF TAXES REG
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Treatment of DEPB and DFRC profits as duty drawback adjusts export-profit computation; penalty and interest waived, staggered recovery.
Amendment of Section 80-HHC equates profits from sale of DEPB credits and DFRC with duty drawback for computing proportionate export profits, applies retrospectively to specified exporter categories, mandates waiver of penalty and interest where demands arise solely from the amendment, and requires staggered recovery with Assessing Officers maintaining a separate register of such demands.
Section 37B order No.60/1/2006-CX dt.13.1.2006 regarding non levy of AED, SAED, NCCD, and Education Cess on export of goods under bond.- Request for uploading on CBEC’s website.
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Non-levy of excise duties on goods exported under bond affirmed; trade to be notified and pending cases adjusted.
The Board, under section 37B, directs that where other Acts make the Central Excise Act and rules applicable to levy and collection of additional duties, those duties (including additional excise duties, special additional duties, NCCD, education cess and other specified excise levies) shall not be payable on goods exported under bond under rule 19 of the Central Excise Rules (and corresponding earlier rules); past circulars are modified accordingly, pending cases may be disposed, and a trade notice and publication are to be issued.
824/1/2006 - 16-01-2006 Central Excise
Excise-Prospective implementation of orders relating to valuation and classification matters or matters having recurring revenue effect - regarding.
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Stay against duty and penalty suspends recovery only as stated; prospective implementation must follow the stay wording and law.
A stay by the Commissioner (Appeals) or Tribunal suspends deposit or recovery of the duty demanded and/or penalty levied only to the extent and on the conditions stated; prospective implementation of classification, valuation or recurring-revenue orders must be examined against the stay's wording and carried out in accordance with the Central Excise Act and Rules, with case-by-case safeguards for revenue.
Amendments in the Handbook of Procedures (Vol. I).-004-2009
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Amendments to Standard Input Output Norms update Handbook of Procedures, adding and correcting SION entries and related import export norms.
The Director General of Foreign Trade amends Vol. II of the Handbook of Procedures to revise, correct and add Standard Input Output Norms (SION). Annexure A lists corrections to existing norms, adjusting import item descriptions and input quantities for specified export products across chemical, engineering and food categories. Annexures B-D add new SION entries for chemicals, an engineering ceiling fan, and refined sunflower oil, each specifying permitted import components and quantities and noting compliance with prevailing PFA specifications and EODC conditions.

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