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Power of adjudication of Central Excise Officers- instructions - reg.
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Power of adjudication extended to Superintendents for low-value excise cases, with revised limits and mandatory redistribution and reporting.
The Board authorises power of adjudication to Superintendents for show-cause notices involving duty and/or CENVAT credit up to a specified monetary threshold, excluding matters of rate, valuation, excisability, classification, exemption eligibility, suppression, fraud and cases with extended limitation. Assistant/Deputy Commissioner monetary limits are adjusted for matters beyond Superintendent competence. Superintendents may decide wrongful CENVAT availment and certain penalty-only notices within the threshold. Commissioners must redistribute pending cases, ensure orders by the officer who heard completed personal hearings, complete reallocation and record transfers within one month, and report compliance to the Board.
Amendment in HBP, Volume-1 relating to Free Sale and Commerce Certificate
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Free Sale and Commerce Certificates: Regional Authorities may grant certificates for non restricted exports, valid for two years on Appendix 39 A application.
Regional Authorities may issue Free Sale and Commerce Certificates for any item not restricted or prohibited for export; certificates are normally valid for two years. Applications must follow Appendix 39-A and include a self certified Annexure A listing products with ITC (HS) codes, manufacturer/exporter details and regulatory licensing status. Appendix 39-A also prescribes firm, IEC and RCMC particulars and a series of declarations and undertakings confirming non-restriction under Schedule 2 of ITC (HS), compliance with FTP and FT(D&R) Act, absence of penalisation or caution-list status, and authorization to sign. Annexure B is the certificate format to be issued by the Regional Authority.
Exim Bank's Line of Credit of USD 30 million to the Government of the Republic of Sierra Leone
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Line of Credit export content requirement enforces majority India-sourced supplies and FEMA-based compliance for financed project exports.
A Line of Credit from Exim Bank finances Sierra Leone potable water projects and consultancy services for exports eligible under India's Foreign Trade Policy. At least 85 per cent of contract value must be supplied from India; up to 15 per cent (excluding consultancy) may be procured abroad. The Credit Agreement is effective April 7, 2010, with LC/disbursement deadlines of 48 months from project completion for project exports and 72 months from agreement execution for supply contracts. Shipments must be declared on GR/SDF forms. No agency commission is payable under the LOC; exporters may use own or EEFC funds for commissions after realisation. Directions are issued under sections 10(4) and 11(1) of FEMA.
Widening of existing road - definition of a new infrastructure facility - clarification regarding
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Widening of road qualifies as new infrastructure facility for tax deduction eligibility, while simple relaying does not.
Widening an existing road by constructing additional lanes as part of a highway project is treated as creation of a new infrastructure facility for the purpose of the income tax deduction under Section 80IA(4)(i), whereas simple relaying of an existing road does not qualify as a new infrastructure facility.
Procedure for Ship Breaking
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Import control for ship breaking requires pre-arrival documentation, NOC, boarding, supervised destruction and provisional duty payment.
Import of vessels for breaking up requires pre-arrival submission of ship particulars and a hazardous-waste assessment for desk review by the Port Trust, State Pollution Control Board and Customs; the Superintendent, Preventive (General) must complete review within two working days and may grant or refuse a NOC for anchorage subject to internal review and appeal. After anchorage, Customs-led boarding verifies submissions, quantifies oil and inventories wireless equipment; beaching permission follows on satisfactory verification. Entry inwards permits filing of the Bill of Entry, provisional duty on first-check examination, a stamped undertaking to submit further documents and destroy wireless equipment, and final assessment after supervised destruction leading to cutting permission.
Conditions of listing for issuers seeking listing on SME Exchange - Model SME Equity Listing Agreement
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SME listing conditions impose standardized listing agreements, half yearly reporting, governance standards and a 25% public shareholding requirement.
The Model SME Equity Listing Agreement requires issuers to enter a standardized listing contract for specified securities under Chapter XA, prescribing operational obligations on issuance, certificate handling, transfers, demat suspense accounts for unclaimed shares, timelines and compensation for transfer delays, and arbitration for disputes. It imposes half-yearly financial reporting and disclosure duties (including shareholding patterns, material events, and board decisions), corporate governance standards (board composition, audit committee, CEO/CFO certification), a minimum 25% public shareholding requirement with remedial measures, and fee, filing and dematerialisation obligations, with enforcement powers for non-compliance.
Verification Mechanism and monitoring of export obligation under duty exemption/reward Schemes – reg.
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Verification mechanism for export obligation ensures monitoring and random checks to prevent misuse under duty exemption schemes.
Verification and monitoring procedures are mandated for EPCG, Advance Authorization, DFIA and Chapter 3 duty credit scrips under the Foreign Trade Policy. Customs authorities must ensure timely submission and random verification of installation certificates, address and shipping bills, accept Export Obligation Discharge Certificates absent adverse intelligence, and initiate revenue-protection action where certificates are not submitted. Genuineness checks for duty credit scrips must precede registration and quarterly reports on verification outcomes must be sent to the Board; the regime will be reviewed once online transmission of scrips is enabled.
Online transmission of DES ( Advance Authorization), EPCG and DEPB authorizations at 9 ICES 1.5 new location w.e.f. 17.5.2010 reg.
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Online transmission of export authorizations: electronic communication to Customs and mandatory EDI filing for DEPB shipping bills.
Directive instituting online transmission of Advance Authorization (DES), EPCG and DEPB export authorizations for nine specified ICD locations to Customs for processing. DEPB shipping bills from these ICDs must be filed mandatorily through Electronic Data Interchange (EDI). The Circular lists each new ICD with its UNLO code and commissionerate and directs electronic communication of authorizations to Customs to integrate issuance and Customs processing.
Signing or Submission/Handling of Customs Documents–Reg.
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Customs pass verification: only authorised CHA pass holders may sign or submit customs documents and must be verified.
Only authorised CHA owners or employees holding a valid New Custom House Customs Pass of Category F or G may sign customs-related documents, and must record their cardex number and pass type under the signature. Document submission/handling at Air Cargo Complex, Sahar is restricted to persons holding a CHA Customs Pass valid on the date and linked to the CHA appointed by the importer/exporter; Service Centre staff and Customs officers will verify pass validity and nexus to the CHA.
SEBI (Credit Rating Agencies) (Amendment) Regulations, 2010 – Gazette Notification dated March 19, 2010
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Change of control and status require prior regulatory approval for a credit rating agency to continue operations after restructuring.
The regulations define change of status or constitution to include corporate restructuring, change in managing director or whole-time director, and any change in control; and define change in control by reference to takeover rules for listed entities and as a controlling interest of at least fifty-one per cent for others. They further require that a credit rating agency proposing such a change must obtain the prior approval of the Board to continue to act as a CRA after the change.
Disclosure of investor complaints with respect to Mutual Funds
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Disclosure of investor complaints required to be published by mutual funds, vetted by trustees and included in annual reports.
Mutual funds must disclose investor complaints received from all sources on their websites, the industry website and in annual reports using the prescribed Annexure format; disclosures must be vetted and signed by Trustees, include complaint classification and ageing/resolution details, and be uploaded within prescribed post year end timelines and included in the Trustees' Report to enhance transparency in grievance redressal.
Amendment in Appendix 37A, of HBP vol.-I-2009-14
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VKGUY benefit: admissible FOB value for exports under HS 0305 aligned with prior public notice guidance.
An amendment to Appendix 37A adds a note to VKGUY entry No. 6 (Table 1A) and entry No. 18 (Table 2) that, for claiming VKGUY benefits, the admissible FOB value for exports under ITC HS Code 0305 shall be the same as admissible under Public Notice No. 56/2009-14.
Deletion of para 2.33.1 of HBP Vol.1, 2009-2014
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Deletion of handbook provision alters HBP Vol.1 procedures under Foreign Trade Policy authority, requiring compliance with amended text.
Paragraph 2.33.1 of the Handbook of Procedures, Volume I (Foreign Trade Policy 2009-2014), is deleted by Public Notice No. 62/2009-2014 issued under paragraph 2.4 of the Foreign Trade Policy, effecting an administrative amendment to the Handbook and altering the Handbook's operative content.
New Office address of Regional Authority Puducherry
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Regional Authority address change updates Puducherry Regional Authority contact details and territorial jurisdiction under the foreign trade policy.
The Director General of Foreign Trade amends the Handbook of Procedure to update the Puducherry Regional Authority's office address and contact details and confirms its territorial jurisdiction to include Puducherry, Karaikal, Mahe, Yanam and specified adjoining districts of Tamil Nadu, issuing the change as a public notice under the Foreign Trade Policy.
Foreign Exchange Management Act (FEMA), 1999 -Current Account Transactions - Liberalisation
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Liberalisation of technical collaboration payments permits authorised banks to allow royalty and lump sum remittances without prior ministry approval.
Drawal of foreign exchange for payment of royalties and lump-sum consideration under technical collaboration agreements no longer requires prior approval of the Ministry of Commerce and Industry; Authorised Dealer Category I banks may permit such remittances pursuant to the amendment to the Foreign Exchange Management (Current Account Transactions) Rules, 2000, subject to FEMA powers and other applicable legal permissions.
Appoints Common Adjudicating Authority
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Assignment of adjudication of a customs show cause notice centralises responsibility with the designated adjudicating commissioner.
The Board, invoking Notification No. 37/2003-Customs (N.T.) under section 4(1) of the Customs Act, 1962, assigns Show Cause Notice F.No. DRI/AZU/INV-19/2008 dated 12.04.2010 issued by the Additional Director General, DRI, Ahmedabad in the matter of M/s. Axiom International and others to the Commissioner of Customs (Adjudication) for adjudication.
Streamlining the procedure for refund of 4% Additional Duty of Customs in pursuance of Notification No. 102/2007-Customs dated 14.9.2007 Reg.
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Special Additional Duty refund: streamlined acceptance of VAT/ST challans with auditor certificate and consolidated certificate requirement.
Acceptance of copies of VAT/ST challans accompanied by a consolidated statutory auditor/Chartered Accountant certificate in the prescribed proforma will be allowed for sanction of Special Additional Duty refunds, replacing the need for individual certification of each challan; original challans may be examined in doubtful cases. Four previously required auditor certificates are merged into a single Annexure S which must verify sale invoices, correlate VAT/ST payment or input tax adjustments with sales, and certify non-passing of duty burden, while a revised Annexure-A requires import and sale quantities for correct refund calculation.
Delay in Filing IGMS and Console General Manifests Adjudication of Offences
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Delayed filing of import manifests may be authenticated in EDI when penalty is unwarranted; otherwise adjudication and payment required.
Effective practice: where the competent officer finds penalty unwarranted, delayed filing of Import General Manifests and Console General Manifests will be authenticated in the EDI system without issuing an order; where penalty is warranted the officer will adjudicate, a personal hearing will be given, Order in Original will be issued, and delayed filing in EDI will be allowed only after remittance of the penalty. Show cause notices may be waived on request.
Customs clearance procedure for clearance of import consignments of non-perishable food items through Land Customs Stations in the Commissionerate of Customs (Preventive), NER, Shillong.
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Customs warehousing requirement: provisional storage in licensed bonded warehouses pending sealed laboratory test reports for imported food consignments.
Imports of non-perishable food items must comply with the Prevention of Food Adulteration Act and pending test reports may be stored only in public or private bonded warehouses licensed under Sections 57 and 58 or at Section 9 notified warehousing stations. Entry Inwards under Section 31 and appraisal precede mandatory sampling: three sealed samples (one sent to an authorised laboratory with a serially numbered Test Memo; two retained). Storage requires endorsement on the Bill of Entry, custodian oversight, and a Bond and Bank Guarantee; clearance for home consumption follows receipt of a satisfactory sealed test report.
Pneumatic Tyres and Tubes (Amendment)
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Import allowance for non domestic pneumatic tyres: OEMs may import for the replacement market subject to committee review and list approval.
Amendment extends the compliance period from 180 days to 360 days and authorises OEMs to import pneumatic tyres not manufactured domestically for sale in the replacement market through authorised dealers. A Committee chaired by an officer of the trade administration, with members from industrial, transport, testing and standards stakeholders, will finalise and maintain the list of such tyres and review it every three months to make recommendations.

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