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Format of Certificate of Origin (NP), issued by agencies Listed in Appendix 4-C of HBP Vol.I
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Certificate of Origin Non-Preferential: agencies must use the prescribed official format or face delisting from authorised list.
Agencies listed in Appendix 4 C are authorised to issue Certificate of Origin (Non Preferential) only in the Annexure II format notified in the Handbook of Procedure (Vol. I). Certificates omitting the term "Non Preferential" or using the generic description create an impression of preferential origin and facilitate misuse. Agencies must strictly follow the prescribed official format; failure to do so will invite action, including possible delisting from Appendix 4 C.
DFRC licence for Deemed Export introduced under the EXIM policy 2004-2009 with effect from 31.08.2004
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DFRC licence for Deemed Export requires customs and excise verification with prescribed documentary certification before imports allowed.
DFRC licences for deemed exports are issued with a single port of registration and require supporting documents: an invoice certified by the receiving unit and jurisdictional excise authority (or a Project Authority Certificate where applicable) and a prescribed payment certificate; bank evidence of realization is required for supplies to EOUs/EHTPs/BTPs. Licensing authorities must endorse licences to Customs and excise authorities. Customs must verify DFRC licences before allowing imports and obtain an original Central Excise statement confirming the supplies; discrepancies must be reported to the licensing authority and Customs.
Clarification regarding Foreign Direct Investment (FDI) in townships, housing, built-up infrastructure and construction-development projects.
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Foreign Direct Investment scope: exclusions for SEZs, hotels and hospitals affirmed under their existing regulatory regimes.
The provisions of Press Note 2 (2005 Series) on FDI in townships, housing, built-up infrastructure and construction-development projects do not apply to Special Economic Zones, which are governed by the Special Economic Zone Act, 2005. The Press Note likewise does not apply to establishment and operation of hotels and hospitals, which continue to be governed by the earlier Press Notes establishing the automatic route for FDI in the hotel and tourism sector and the hospital sector.
Corporate Governance in listed Companies – Clause 49 of the Listing Agreement
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Corporate governance: revised listing requirements adjust board meeting intervals, sitting fee approvals, and CEO/CFO internal control certifications.
Amendments to Clause 49 lengthen the maximum interval between board meetings to four months; exempt payment of sitting fees to non-executive directors from prior shareholder approval when made within Companies Act limits; and limit CEO/CFO certification to establishing, evaluating, and reporting internal controls for financial reporting, including disclosure of deficiencies, significant changes, accounting policy shifts disclosed in the financial statements, and significant fraud to auditors and the Audit Committee.
Export of goods under bond — Non levy of duties of Excise — Clarifications
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Non-levy of excise duties on bonded exports reaffirmed, clarifying additional duties and cesses are not payable.
Exports under bond pursuant to rule 19 (and predecessor rules) are not liable to payment of duties chargeable under Acts that make the Central Excise Act and its rules applicable "as far as may be"; this non-levy extends to Additional Duty of Excise, Special Additional Excise Duty, Education Cess, National Calamity Contingent Duty and other special/additional excise duties introduced by Finance Acts. Pending demands should be disposed of and earlier circulars/orders modified for uniformity; a trade notice is to be issued.
Establishment of connectivity with both NSDL and CDSL- Shifting from Trade for Trade Segment (TFTS) to Rolling Segment
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Dematerialisation requirement for non promoter holdings must be met before securities move from trade for trade to rolling settlement.
Permits shifting specified securities from the Trade for Trade Segment to rolling settlement provided issuer companies satisfy the dematerialisation requirement for non promoter holdings by submitting a certificate from their Registrar and Transfer Agent or, if no separate RTA exists, from a practicing Company Secretary or Chartered Accountant, and provided there are no other grounds for continuation in Trade for Trade; stock exchanges must act and report the action in the Monthly Development Report.
Procedural relaxation under EOU and Gem and Jewellery Export Promotion Schemes
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Procedural relaxation for EOUs and Gem & Jewellery schemes streamlines de bonding, DTA sales, sourcing and inter unit transfers.
Procedural relaxation implements time bound de bonding where EOU/EHTP/STP units self assess duty, notify the Development Commissioner and jurisdictional Customs/Central Excise, and the Deputy/Assistant Commissioner must confirm liabilities or communicate discrepancies within fifteen working days and issue a No Dues Certificate after payment; re warehousing certificates require physical verification. It also standardizes DTA sale by defining "similar goods" by Customs Valuation criteria, allows sourcing by Advance License/DFRC without AROs subject to endorsement, prescribes ARE 3 procedures for inter unit transfers, permits sharing of specified common facilities among co owned units, and provides conditional restraints on withdrawal of pre authenticated CT 3 facilities.
Import of Air Conditioners and other Equipment which do not contain ODS gases
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Import compliance for ODS free HVAC equipment requires declaration in bills of entry and a supplier certificate at assessment.
Importation of air conditioners, compressors, chillers and water coolers that do not contain ODS substances is permitted freely under normal imports and the EPCG scheme, but importers must declare in the Bills of Entry that the equipment do not contain ODS substances and submit a supplier's certificate to that effect at the time of assessment or examination.
Foreign Direct Investment (FDI) in Up-linking of TV Channels
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Foreign investment limits in TV uplinking impose differentiated caps with mandatory government approval and compliance requirements.
Foreign direct investment for up-linking of TV channels is permitted under differentiated ceilings with prior government approval: 49% for up-linking HUBs/teleports; 100% for non-news and current-affairs channels; and 26% (including FII/NRI investment) for news and current-affairs channels, subject to portfolio investors not acting in concert with FDI investors and annual certification of compliance. Indirect foreign holdings in Indian shareholder companies must be reckoned pro-rata, and all FDI is subject to compliance with broadcasting laws and the Government's Uplinking Policy.
Amendments in Para 3.19.1 of the Handbook of Procedures (Vol.I)/ addition of new entries 2004-09
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Vishesh Krishi Upaj Yojana application requirements: applications limited to a maximum number of shipping bills and to one Customs House.
Vishesh Krishi Upaj Yojana credit applications must be filed in the Aayaat Niryaat Form with prescribed documents; applicants may submit multiple applications provided each application stays within the permitted maximum number of shipping bills and all shipping bills in a single application pertain to exports from the same Customs House. The filing deadline for exports made during the 2004-05 period is 31 March 2006.
Assessment of Bulk Liquid Cargo – Ship Ullage Report vs. Shore Tank receipt – ref. Circular No.96/2002-Customs, dated 27.12.2002
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Transaction value principle governs bulk liquid import duty assessment; invoice price, not measured quantity, determines ad-valorem liability.
For bulk liquid imports, where customs duty is ad-valorem the assessment must be based on the invoice price as the transaction value regardless of shore tank or ship ullage measurements; for deliveries to multiple ports the value must be apportioned by intended discharge quantities. Where duty is specific, quantity determined by shore tank measurement remains relevant and earlier Circular No.96/2002 applies to specific-rate cases; pending provisional assessments should be finalized accordingly.
Includibilty of ship demurrage charges in the assessable value
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Includibility of ship demurrage charges - provisional import assessments before a historic cutoff may now be finalized, guidance pending.
Following dismissal of the Department's review petition in the Indian Oil valuation matter, all pending provisional assessments for importations prior to the pre-cutoff period may be finalized; assessments for importations after that period remain under consideration pending further clarification.
Computation of freight of time chartered/daughter vessel and its inclusion in the assessed value as extended cost of transportation
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Freight computation for time chartered daughter vessels: adopt World Scale and AFRA norms for assessable value inclusion.
Freight payable for time chartered daughter vessels is to be treated as an extension of freight and calculated on a normative basis using World Scale rates adjusted by AFRA; where World Scale/AFRA are available these rates plus wharfage and transshipment charges must be used to compute the transportation cost element added to assessable value, and where unavailable Commissioners should obtain WSO benchmarks or direct shipping companies to fix WSO rates, with importers required to submit supporting data to the assessing officer.
Effluent treatment and conveyance system Infrastructure facility u/s 80-IA of the Income-tax Act, 1961
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Effluent treatment infrastructure qualifies for tax deduction where ownership, contractual and operational conditions are satisfied.
Effluent treatment and conveyance systems that treat industrial effluents to marine standards and convey them via onshore pipelines to sea qualify as a water treatment system and thus as an infrastructure facility under the statutory deduction regime. Enterprises developing, operating or maintaining such facilities are eligible for the deduction provided they satisfy the statutory ownership, contractual and operational commencement conditions and the prescribed consecutive year availability requirement.
01/2006 - 11-01-2006 Central Excise
EOU and DTA unit in same compound-Separation of units
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Separation of EOU and DTA units: mandatory demarcation and fencing to prevent duty evasion and ensure compliance.
The notice requires distinct demarcation between co located 100% EOU and DTA units to prevent diversion of duty free inputs into local sales and violation of EXIM Policy. Administrative measures specified include separate earmarked premises, clear demarcation, and fencing of at least 4 feet; Development Commissioners must enforce these requirements and EOUs must disclose any other nearby units to enable monitoring of DTA sale limits and excise compliance.
DGFT to make submission of DEPB applications online on 10 more ports from Jan 16, 2006
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Online DEPB and Advance/EPCG licence filing required with digital signature and electronic fund transfer for processing and transmission.
DGFT will extend automated online processing of DEPB shipping bill submissions and licence issuance to ten additional EDI ports under Policy Circular 28; where manual DEPB shipping bills are used or a third party claims DEPB, manual applications in Aayaat Niryaat Form with originals and full fee must be submitted to the Regional Licensing Authority and no ECOM application will be entertained. All Advance Licence (except specified exceptions), Advance Licence for Annual Requirement and EPCG Licence applications must be filed only via the DGFT website with digital signature and payment by Electronic Fund Transfer; applications must include complete descriptions and correct 8 digit ITC(HS) codes, and amendments for EDI ports will be transmitted electronically to Customs to take effect.
Administrative Control over Export Oriented Units (EOUs) - Instructions
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Administrative control over EOUs limited to specified local districts; other units fall under jurisdictional Central Excise authority.
The Board limits administrative control by the Commissioner of Customs, Bangalore to EOUs/EHTP/STP units located in the districts actually served by the Bangalore Customs Division; units in other parts of the Commissionerate's territorial jurisdiction will be administered by the jurisdictional Commissioner of Central Excise. Board Circular No. 31/2003-Cus is amended to this extent, and authorities are directed to issue public notice, report implementation difficulties, and acknowledge receipt.
Export of Goods and Services - Liberalisation - GR Approval for export
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GR approval for temporary export for repair/testing permitted, subject to prompt re import documentation or destruction certificate.
Authorised dealer banks are empowered to grant GR approval for goods exported for repairs, maintenance, calibration, testing or similar processes, conditional on the exporter producing the relative Bill of Entry within one month of re import. If goods exported for testing are destroyed during testing, banks may accept a testing agency certificate certifying destruction in place of a Bill of Entry.
Denaturing of Ethyl Alcohol
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Denaturing of Ethyl Alcohol: BIS standard denaturants required; additional agents allowed with chief chemist approval and industry justification.
Imported ethyl alcohol for industrial use must be denatured and tested before clearance; the Board requires adherence to BIS standards IS 4117-1973 as the baseline list of denaturants, while permitting Commissioners to allow additional denaturants, bitterants or colouring agents to prevent renaturation, subject to Chief Chemist concurrence and demonstration of industry specific need. Assessments may be finalised on merits with verification from State Excise if required, and the Denaturing of Spirit Rules, 1972 apply.
Procedure for import of various items under Tariff Rate Quota ( TRQ)
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Tariff rate quota application deadlines set; allocation by Exim Facilitation Committee follows annual timetable process.
Eligible entities must apply using the Aayaat-Niryaat Form with prescribed documents by the annual application deadline preceding the quota year; the Exim Facilitation Committee will evaluate applications and allot quota shares by the end of the preceding financial year, creating an annual submission and allocation cycle for the Tariff Rate Quota.

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