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Circulars
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Amendments in Appendix 4-C of the Hand Book of Procedures (Vol. I) - Certificate of Origin (Non-Preferential)
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Certificate of Origin Non-Preferential: PHD Chamber authorised to issue certificates for specified northern and central jurisdictions.
Amendment adds the PHD Chamber of Commerce and Industry to the authorised issuers of Certificate of Origin (Non-Preferential), listing its principal office, regional branches and specifying the States and territories for which the Chamber and its branches may issue non preferential certificates. The amendment deletes the prior Delhi listing entry and updates the Handbook of Procedures registry accordingly, issued by public notice as an administrative update in the public interest.
Simplification and procedural relaxation for issue of pre-authenticated CT-3 to EOUs in textile and chemical sector -reg.
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Pre-authenticated CT-3 issuance extended to textile and chemical EOUs, subject to compliance-based annual permission and bond coverage requirement.
EOUs in textile and chemical sectors may receive one-time yearly permission from the jurisdictional Assistant/Deputy Commissioner to be issued pre-authenticated CT-3 form booklets if they have an unblemished track record-including achievement of Net Foreign Exchange/export obligations and no serious show cause notices or confirmed demands in the preceding three years-and consignments under such certificates must be covered by the B-17 bond; misuse may lead to withdrawal of the facility and earlier circulars are modified accordingly.
Export Warehousing- extension of facility to Bidadi in the Bangalore Rural District, Karnataka -reg.
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Export warehousing expanded to include Bidadi, enabling registration of export warehouses there under Central Excise Rules.
Export warehousing facility is extended to include Bidadi in the Bangalore Rural District, Karnataka by amending the Board's Circular listing places where warehouses may be established and registered under sub rule (2) of rule 20 of the Central Excise Rules, 2002; the paragraph listing authorised places is revised to insert Bidadi among the enumerated localities, thereby authorising registration of export warehouses there.
Foreign Exchange Management (Deposit) Regulations, 2000 -Credit to Non Resident (External) Rupee Accounts
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Credit to NRE accounts permitted for demand drafts and bankers' cheques supported by encashment certificates, subject to AML constraints.
Credit to NRE accounts is permitted for proceeds of demand drafts and bankers' cheques issued against encashment of foreign currency where the instruments are supported by an encashment certificate issued by authorized dealers, enabling AD Category I banks and authorized banks to credit the NRE account of the NRI account holder as a liberalisation measure while remaining subject to anti money laundering constraints and other statutory permissions.
Reporting under FDI Scheme - Revised procedure
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FDI reporting procedures: revised forms require timely reporting of consideration receipt with KYC and UIN allocation.
Revised FDI reporting procedures require Indian companies to report receipt of consideration for issue of shares/convertible debentures in Annex II with FIRCs and a KYC report on the non resident investor (Annex III) through an AD Category I bank; the Regional Office will acknowledge and allot a Unique Identification Number. The issue of shares/convertible debentures must be reported in the revised FC GPR with the UIN indicated, and AD Category I banks must ensure correct UIN inclusion when forwarding the form.
Mandatory e-payment to top 50 importers
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Mandatory e-payment requirement for top importers mandates electronic customs duty payments; exemptions possible by Commissioner's written request.
A mandatory electronic payment regime requires the top 50 importers at Jawaharlal Nehru Custom House to remit customs duty exclusively by net banking through designated banks effective 01.07.2008, with physical bank payments disallowed; the Commissioner of Customs (Import) may grant case-by-case exemptions on written request and listed bank and customs contact points are provided for assistance.
External Commercial Borrowings Policy: Liberalisation
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External commercial borrowing liberalisation raises rupee expenditure limits and increases all in cost ceilings, applying immediately to all routes.
Policy liberalises external commercial borrowings by increasing Approval Route thresholds for rupee expenditure-raising limits for infrastructure borrowers and enhancing limits for other borrowers-and by raising all in cost ceilings over the applicable six month LIBOR for specified average maturity periods. These cost and limit changes apply to ECB under both Automatic and Approval Routes and take effect immediately, with other ECB conditions, per company automatic route ceilings, maturity, prepayment, refinancing and reporting requirements remaining unchanged.
Trade Credits for Imports into India - Review of all-in-cost ceiling
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All-in-cost ceiling for trade credits revised, increasing short-term premium while medium-term ceiling remains unchanged; effective immediately.
The all-in-cost ceiling for trade credits for imports into India has been revised: the ceiling applicable to trade credits of up to one year is increased over the six month LIBOR benchmark, while the ceiling for more than one year up to three years remains unchanged. The amendment takes effect immediately, other trade credit conditions remain unchanged, amendments to the relevant FEMA regulations will follow, and AD Category I banks must notify their customers; directions are issued under the Foreign Exchange Management Act, 1999.
Sanction of Customs duty refunds — Unjust Enrichment - reg.
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Unjust enrichment: Customs refund orders must assess factual and financial records before sanctioning or diverting refunds.
Officers determining customs duty refunds must, under section 27(2) and its first proviso, examine facts and materials, including audited balance sheets and Chartered Accountant certificates, to decide whether the claimant passed on the duty or interest. Orders-in-Original must be speaking orders specifying the financial records relied upon. Routine sanctioning of refunds and crediting amounts to the Consumer Welfare Fund without this factual and documentary review does not fulfil the statutory process.
Undertakings for ODI activity
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Offshore derivative instruments compliance: revised FII undertaking requires non-dealing declaration and enhanced monthly ODI reporting.
SEBI requires FIIs and their sub-accounts, effective from the monthly ODI report for May 2008, to undertake that they and their associates have not issued, subscribed to, or purchased any ODIs directly to or from Non-Resident Indians or Indian residents, and to include in the monthly report the value of outstanding ODIs as of the last reporting date and that value as a percentage of Assets Under Custody.
Service tax levy on goods transport by road service - reg.
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Goods transport agency service classification determines whether activities fall under GTA or other taxable services, affecting service tax liability.
Service tax liability depends on classification as Goods Transport Agency (GTA) service or another taxable service; GTA covers road transportation and activities during and in connection with transit where costs form part of gross freight, while independent or pre/post transport activities such as storage, packing, or unrelated handling fall under other services. Inclusion of multiple charges in one invoice does not convert non transport activities into gross freight. Subcontractors must separately determine taxability of their services; GTA abatement takes overlaps into account.
05/2008 - 26-05-2008 Companies Law
Circulation of copy of notifications No S.O -901(E). GSR-329(E), GSR-374 (E) and GSR-387 (E),
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National Advisory Committee on Accounting Standards circulated alongside Nidhi company declarations, SFIO prosecution authorizations and tribunal selection rules.
Four notifications are circulated: constitution of the National Advisory Committee on Accounting Standards; declaration of twenty-four companies as Nidhi companies under the Companies Act; authorization of Serious Fraud Investigation Office officers to file and conduct prosecutions under the Companies Act; and notification of rules governing the selection committee term and manner of selecting a panel for the Competition Appellate Tribunal. Recipients are to note, act as necessary, and acknowledge receipt.
Import of Sex determination/ gender testing kits - violation of PC & PNDT Act, 1994 - reg.
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Prohibition on import of gender testing kits: customs to refer consignments to health/drug authorities before clearance.
Customs officers must refer all imported consignments of gender testing/sex determination kits to the Port Health Officer or Drug Controller for clearance before granting customs release, following advice that such kits intended for at home fetal sex determination should not be permitted entry because their use may facilitate sex selection and contravene the Pre Conception and Pre Natal Diagnostic Techniques Act.
Simplification of Offer Document and Key Information Memorandum of Mutual Funds Scheme
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Simplification of Offer Documents: new SID, SAI and KIM formats with filing, update and availability obligations for mutual funds.
The circular mandates splitting the offer document into a Scheme Information Document (SID), a single common Statement of Additional Information (SAI), and a Key Information Memorandum (KIM) in a simplified format, prescribes filing and posting requirements including soft-copy submission and an undertaking, sets timelines for updation and handling of material and non-fundamental changes (including addenda, public notice and seven-day filing), requires launch within six months of final observations or refiling, and withdraws earlier conflicting circulars.
Amendments in Hand Book of Procedures(Vol. I) - Sr. No.12 (Gujarat) in Appendix 4C, (Certificate of Origin Non-Preferential)
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Certificate of Origin Non-Preferential: Rajkot Engineering Association added as authorized issuer under revised trade procedures, expanding issuer list.
The Director General of Foreign Trade, under paragraph 2.4 of the Foreign Trade Policy 2004-09, notifies an amendment to Handbook of Procedures (Vol. I) adding Rajkot Engineering Association to Appendix 4C as an authorized issuer of Certificate of Origin Non-Preferential, providing its contact details for use as a designated issuing agency.
Margining of institutional trades in the cash market
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Margining of institutional trades deferred by regulator; cash market margins remain on T+1 until further direction.
Upfront margining of institutional trades in the cash market has been deferred and institutional trades will continue to be margined on a T+1 basis until further directions; stock exchanges must notify member brokers/clearing members and publish the circular on their websites under the regulator's powers to protect investor interests and regulate the securities market.
Observations of Delhi High Court regarding first proviso to section 11AC
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Penalty reduction option under section 11AC must be stated in adjudication orders so assessees are informed.
The first and second provisos to section 11AC provide a reduced-penalty incentive for prompt payment of duty and interest; because this operates as an option available to the assessee, the Board requires that every adjudication Order-in-Original imposing penalty under section 11AC must mandatorily state the provisions of those provisos so the assessee is informed of the reduced-penalty alternative and the conditions for claiming it.
Amendments in the Handbook of Procedures (Vol.I) - in Appendix 14-I-H - DTA sale of instant tea
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DTA sale limit for instant tea set as proportion of FOB value, permitting limited domestic disposal.
The Handbook of Procedures (Vol. I) is amended by substituting clause (k) of para I in Appendix 14-I-H to allow DTA sale of instant tea up to 30% of FOB value of exports, implementing paragraph 2.4 of the Foreign Trade Policy 2004-09 and establishing a quantitative cap on domestic sale relative to export value.
Empanelment of Chartered Accountants for Official Liquidator as Auditors in Companies under liquidation
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Empanelment of chartered accountants as auditors in liquidations: eligibility, documentation, and fund dependent remuneration process.
Empanelment of chartered accountants is invited to serve as auditors for companies under liquidation by the Official Liquidator. Applicants must be ICAI members in active practice for at least three years and submit bio-data with income details for the last three years, two recommendations from practising chartered accountants with at least ten years' practice, expected remuneration, and a declaration of no pending disciplinary proceedings. Professional fees will be subject to the fund position of the company in liquidation and applications must be sent to the Official Liquidator within the prescribed timeline.
Amendments in Handbook of Procedures, Vol. I (RE 2008) In Appendix 37D under Table 11, After Sl. No. 7,
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Export incentives for hand tools under designated HS classifications extended, granting focus-product benefits on exports.
Addition to Appendix 37D, Table 11 (K) lists hand tools under ITC HS codes 8202-8206 as New Additional Focus Products, and expressly entitles those hand tools to Focus Product Scheme benefits on exports effective from the policy commencement specified in the amendment.

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