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Circulars
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Export of Goods - Long Term Export Advances
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Long term export advances: banks may fund long term supply contracts subject to eligibility, compliance and reporting requirements.
Authorised Dealer Category I banks may permit exporters with three years' satisfactory track record to receive long term export advances up to ten years for long term supply contracts, subject to conditions including firm irrevocable orders, demonstrable execution capacity, routing through one AD bank, adjustment through future exports, prohibition on using advances to repay NPA rupee loans, avoidance of double financing, AML/KYC and overseas buyer due diligence, and an interest cap at LIBOR plus 200 basis points; banks must report large advances and submit annual progress reports to the Reserve Bank.
Master Circular for Stock Exchange
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Consolidation of stock exchange circulars centralizes compliance for trading, settlement, risk management and technology obligations.
Compilation consolidates regulatory circulars and directions into a single Master Circular for stock exchanges, superseding the prior compilation and centralizing compliance obligations. It is organized into chapters addressing trading; trading software and technology; settlement; comprehensive risk management for cash and debt segments; exchange traded derivatives; administration of exchanges; and connectivity with depositories and settlement eligibility.
Overseas Direct Investments – Limited Liability Partnership (LLP) as Indian Party
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LLP recognition as Indian Party for overseas direct investment permits financial commitments under FEMA, subject to ODI reporting.
LLPs are notified as Indian Party under the FEMA regulations, allowing them to undertake financial commitments for JVs or WOS abroad under Regulation 6 (and 7 if applicable). The change became effective on Gazette publication; AD Category I banks must report LLP financial commitments in Form ODI Part I and II and meet existing reporting obligations including APR and disinvestment filings, without prejudice to other legal permissions.
Transfer of goods imported at Courier Cell, Air Cargo Complex, Bangalore - Procedure for transhipment of cargo and filing of Bills of Entry through EDI of such transferred cargo.-Reg.
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Cargo transfer procedure: CTM based transhipment from courier terminal to air cargo enables EDI Bills of Entry processing.
Transfers of consignments ineligible for courier clearance require filing of CBE I and CBE II, segregation MAWB wise, and preparation of a flight wise Cargo Transfer Manifest (CTM) in quadruplicate. The Courier Cell Shift Inspector enters and endorses the CTM, debits a revolving transhipment bond secured by 10% BG, and, upon official permission, consignments are sealed and moved to the Air Cargo Complex. Receiving custodians and the Superintendent (Transhipment) acknowledge CTM copies, prepare segregation reports, and forward documents for IGM processing; the courier must return the signed fourth CTM copy within seven days to close CTM entries and adjust the bond.
In case, the Special Commissioner is on leave, the Additional Commissioner( L&J) will so sign the appeals.
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Signing authority for departmental appeals: Special Commissioner (L&J) to sign after Commissioner approval, with substitution on leave.
The Special Commissioner (L&J) is authorized to sign all departmental appeals to be filed in higher fora, conditional on prior approval by the Commissioner; when the Special Commissioner is on leave, the Additional Commissioner (L&J) shall sign in their place. The order continues an earlier instruction and mandates internal circulation and website publication for implementation.
Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to Normal Rolling Settlement
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Dematerialisation requirement enables shift from trade-for-trade to rolling settlement when depository connectivity and no other grounds for TFTS are met.
Shift to normal Rolling Settlement is allowed for companies with connectivity to both depositories provided at least fifty percent of non-promoter holdings are dematerialised, certified by the Registrar and Transfer Agent or, if no RTA, by a practicing Company Secretary/Chartered Accountant, and provided there are no other grounds for continuation of Trade-for-Trade Settlement; stock exchanges must report actions taken in monthly/quarterly development reports.
Procedure to be followed in case of registration of duty credit scrips issued under Incremental Export Incentivisation Scheme (IEIS)–reg.
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Manual registration of IEIS duty credit scrips requires DGFT genuineness verification and Alert Register clearance before recording.
Manual registration procedure for duty credit scrips under IEIS requires presentation of original scrips to the Licence Section, fax verification of genuineness by regional DGFT, verification of licence particulars, and ACAO endorsement of "No Alert" before manual registration. The Licence Clerk records licence particulars in the alphabetical Licence Register and posts debit/credit entries upon presentation of Bills of Entry or Release Advices; documents are then forwarded to the audit clerk for endorsement on the debit sheet and licence register.
External Commercial Borrowings (ECB) from Foreign Equity Holder - Simplification of Procedure
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External commercial borrowing simplification: AD banks may approve specified FEH and group-company ECBs under the automatic route.
RBI delegates authority to AD Category-I banks to approve under the automatic route ECBs from direct and indirect foreign equity holders and group companies for specified sectors (manufacturing, infrastructure, hotels, hospitals, software), miscellaneous services (limited to training, R&D and infrastructure-support), ECBs for general corporate purpose from direct equity holders, and change-of-lender requests where the ECB originates from a foreign equity holder or group company, subject to all existing ECB terms and conditions.
Orders passed under section 264 of the Income Tax Act – Administrative supervision reg.
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Administrative supervision under Section 264 requires CITs to report revision orders and briefs to CCIT and CBDT.
The Instruction requires Commissioners to prepare a brief and submit a copy of every order made under the Commissioner's revision power to the Principal Chief Commissioner/Chief Commissioner in the monthly DO letter. Principal Chief Commissioners/Chief Commissioners must report the number of such orders and any observations to the Zonal Member of the Board in their monthly DO letter and communicate observations to the Commissioner, while revisionary action remains subject to enquiry and to the Act's safeguards.
Implementation of Risk Management System (RMS) in Exports
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Risk Management System in exports streamlines clearance and selects shipping bills for verification or Let Export Order based on risk.
The Risk Management System processes Shipping Bill data in ICES to direct bills either for Customs control (verification of self-assessment and/or examination) or for expedited goods registration and issuance of Let Export Order after applicable duty payment; officers must follow RMS instructions, exporters/CHAs must meet Compulsory Compliance Requirements at registration and submit prescribed documents, and facilitated bills remain subject to inspection and subsequent Post Clearance Audit selection.
Risk management framework for Foreign Portfolio Investors (FPI) under the SEBI (Foreign Portfolio Investors) Regulations, 2014
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Margining requirements for FPIs impose upfront margin for certain entities and maintain tailored position limits and allocation controls.
Differentiated risk-management for FPIs requires rolling margining for Categories I-III in the cash market, with corporate, individual and family office FPIs subject to upfront margins aligned with non institutional trades; existing position limits apply to Category I and II FPIs while Category III FPIs follow client-equivalent limits. Trade allocation must be pre disclosed through brokers to exchanges and limited to related FPIs; custodians/DDPs must provide FPI identification and categorisation to exchanges. Exchanges and clearing corporations may set additional transition requirements, amend rules, notify participants, update systems, and report implementation to the regulator.
Regarding classification of rice par-boiling machinery
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Classification of rice par boiling machinery reclassified under tariff heading 8419; prior circular rescinded and revenue protection directed.
Rice par boiling machines and dryers are self contained, installed and operated independently and do not meet the requirements to be treated as composite or multi function machines; they are distinguishable from grain dampening machines, and should be classified under tariff heading 8419. The earlier circular on classification is rescinded and authorities are directed to classify under 8419 and protect revenue on past clearances.
Enlistment under Appendix 4C- Agencies Authorized to issue Certificate of Origin (Non-Preferential)
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Certificate of Origin authorization: agency enlisted to issue non preferential origin certificates, updating Appendix 4C.
Authorization under paragraph 2.4 of the Foreign Trade Policy 2009-2014 enlists the named agency in Appendix 4C as an authorized issuer of Certificate of Origin (Non Preferential), formally adding it to the Delhi entry in the Handbook of Procedure Vol. I, 2009-2014 and conferring administrative authority to endorse non preferential origin in export documentation.
Agencies Authorised to Issue Certificate of Origin.
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Certificate of Origin authorisation expanded to include MPEDA for marine products and Textiles Committee for IJCEPA textiles.
Appendix 4D is amended to list agencies authorised to issue Certificate of Origin (Preferential) for each bilateral and regional trade agreement: the Export Inspection Council for all goods; the Marine Products Export Development Authority for marine products across all agreements; and the Textiles Committee for textiles and made-ups under the India-Japan Comprehensive Economic Partnership Agreement.
Facility for suo-moto payment of customs duty in case of bona fide default in export obligation under the Advance / EPCG authorisations
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Suo-moto payment of customs duty lets exporters pre-pay Advance/EPCG defaults pending regularisation to avoid interest.
Facility for suo-moto payment allows an authorization holder with bona fide default in export obligation under Advance or EPCG to deposit self-calculated duty and interest in cash or present eligible duty credit scrip for debit at the registering port; Customs updates records and endorses scrips. After the RA's detailed calculation and issuance of an excess import letter, Customs confirms actual duty and interest, indicates any balance payable which the AH must clear, and on RA's redemption letter Customs reconciles and initiates release of the Bond/Bank Guarantee.
Delegation of powers under DVAT Act, 2004.
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Electronic signing authority delegated for system-generated tax orders, enabling designated officer to sign bulk e-notices under VAT framework.
The Commissioner delegates the authority to sign all orders and notices issued electronically, where such orders/notices are generated in bulk through departmental system software, to the VATO (System) in the Department of Trade & Taxes, subject to performance of concomitant duties within the designated jurisdiction and enacted under the Commissioner's enabling delegation power and departmental rules.
11/2014 - 12-05-2014 Companies Law
One time opportunity for extension of Period of Reservation of Name
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Reservation of company name validity extended; affected applicants must file incorporation e-forms before the extended deadline.
Validity of all company name reservations expiring between 1 April 2014 and 28 April 2014 is extended to 31 May 2014 due to unavailability of MCA21 services; affected applicants are advised to file the relevant e-forms for incorporation under the Companies Act, 2013 within the extended period.
External Commercial Borrowings (ECB) Policy - Refinance / Repayment of Rupee loans raised from domestic banking system
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External Commercial Borrowings restriction bars ECBs from overseas branches or subsidiaries of domestic banks for rupee loan repayment.
Eligible Indian companies are prohibited from raising External Commercial Borrowings from overseas branches or subsidiaries of Indian banks to refinance or repay Rupee loans raised from the domestic banking system, covering take-out financing, infrastructure loan repayments, spectrum-related refinancing, and general Rupee loan repayment. The prohibition implements an earlier DBOD position, is effective immediately, leaves other ECB policy aspects unchanged, and requires Authorised Dealer banks to notify constituents; directions are issued under the Foreign Exchange Management Act.
External Commercial Borrowings (ECB) Policy: Re-schedulement of ECB - Simplification of procedure.
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ECB Reschedulement: delegated to authorised banks for one-time pre maturity adjustment subject to cost and compliance conditions.
Designated Authorised Dealer Category I banks may permit a one-time re-schedulement of ECB drawdown or repayment schedules before original maturity, for ECBs under both automatic and approval routes but excluding FCCBs, provided there is no increase in interest rate or additional cost, any all-in-cost change only reflects average maturity alteration and complies with guidelines, borrower eligibility and lender prudential norms are met, borrowers are not on default/caution lists or under enforcement investigation, and revised details are reported on the prescribed form.
Accounting of collection of “Clean Energy Cess” -reg.
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Clean Energy Cess accounting: trade must reclassify receipts from Receipt Awaiting Transfer to the new Customs minor head.
The notice directs reclassification of Clean Energy Cess collections from the Receipt Awaiting Transfer sub/minor head into a newly authorised Clean Energy Cess minor head under the Customs major head, using the Controller General of Accounts approved numeric and SCCD codes. Amounts held under RAT may be transferred to the new head of account, and field formations and trade bodies are requested to implement and circulate the accounting change.

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