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Circulars
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Revised Guidelines for Compounding of offences under the provisions of the Direct Tax Laws
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Compounding of tax offences: revised guidelines require prior payment of dues and prescribed compounding charges before consideration.
Administrative guidelines regulate compounding of offences under direct tax laws by classifying offences as technical or non-technical, requiring a written request, prior payment of tax, interest and penalties, and an undertaking to pay prescribed compounding charges and prosecution establishment expenses. Certain categories-including repeat non-technical offences (other than the first offence), major frauds, cases linked to anti national activity or central agency investigations, systematic large-scale concealment, pending plea-bargaining, and convictions-are ordinarily not compoundable. Competent authorities, procedural timelines and specified compounding fee scales and expense rules are set out, with application to pending matters and other direct tax statutes.
Rebate on goods manufactured in North East and subsequently exported under the rule 18 of the Central Excise Rules, 2002-reg.
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Rebate on exported goods: duty paid at clearance may be rebated when later refunded under area based exemption.
Rebate of excise duty is available for goods manufactured in the North East exported where duty paid at clearance is subsequently refunded under an area based exemption; the Finance Act, 2008 retrospectively amended relevant Central Excise Rules to provide this alignment and authorities are instructed to decide pending cases accordingly and report their disposal.
Payment of amount under Rule 6 of the CENVAT Credit Rules, 2004 - reg.
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Payment under Rule 6 CENVAT: treated as government payment so Section 11D does not apply; buyer cannot claim CENVAT credit.
Payments made under Rule 6 of the CENVAT Credit Rules that are paid to the Government are not recoverable under Section 11D because they do not constitute duty collected and retained; the payment is to be computed on value as per the Central Excise Act. Such payments are not eligible for CENVAT credit by the buyer and must be shown on the invoice as an amount paid under Rule 6.
Procedure relating to sanction and post-audit of refund/rebate claims-reg.
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Refund sanction procedure: Orders-in-Original, centralised audit cells, and mandatory pre audit or post audit oversight for claims.
The circular mandates issuance of Orders-in-Original for refund/rebate sanctions, separate numbering for these orders, and pre-audit of higher-value claims by Deputy/Assistant Commissioner (Audit) at Commissionerate headquarters with subsequent review by the Commissioner. Mid-range claims must be sanctioned by Deputy/Assistant Commissioners and are subject to compulsory post-audit by Deputy/Assistant Commissioner (Audit) and review. Smaller claims sanctioned in full need not have Orders-in-Original but are subject to random post-audit sampling. All claim papers must be sent to Commissionerate Headquarters within a week and an audit cell must complete audits within two months and maintain O-in-O records.
Container Freight Station of M/s. Sun Global Logistics Ltd. at Kattarambakkam Village, Sriperumbudur Taluka in Tamil Nadu declared Customs area
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Customs area declaration enables examination, loading, and sealing of FCL import and export containers under Customs supervision.
Declaration under Section 8 that M/s Sun Global Logistics Ltd., Kattarambakkam Village, Sriperumbudur Taluka, Tamil Nadu, is a customs area permitting examination and clearance of imported FCL cargo moved from Chennai Port Trust to the CFS, and permitting examination, stuffing/loading of export cargo into containers under Customs supervision and sealing with Customs seals, excluding LCL cargo and passengers' unaccompanied baggage; operations must follow Public Notices 19/98, 111/2002 and 255/2002, effective from the stated commencement date.
Custodian of imported and exported at CFS at Kattrambakkam village, Sriperumbudur Taluka in Tamil Nadu
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Custodian appointment for containerised import and export cargo, ensuring custody and compliance until customs clearance or shipment.
Appointing M/s Sun Global Logistics Ltd. as the Custodian at the Kattrambakkam Container Freight Station to hold containerised imported goods landed at Chennai Sea Port and export cargo brought into its premises until goods are cleared for home consumption, warehoused, transhipped under Chapter VII, or exported; the custodian must comply with statutory duties, rules, regulations and instructions issued by customs, and the appointment takes effect from the specified commencement date.
Revision of monetary limits for filing appeals by the Department before Income tax Appellate Tribunals, High Courts and Supreme Court- measures for reducing litigation
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Tax effect thresholds determine departmental appeals; new monetary limits restrict appeals to higher-value cases in the appellate process.
Departmental appeals in income tax matters are limited to cases where the tax effect exceeds specified monetary thresholds: Tribunal appeals where tax effect exceeds Rs. 2,00,000, High Court section 260A appeals where it exceeds Rs. 4,00,000, and Supreme Court appeals where it exceeds Rs. 10,00,000. "Tax effect" excludes interest and is computed separately for each assessment year; composite orders may require appeals for all years. Commissioners must record non filing when below thresholds; non filing does not imply acquiescence. Exceptions require contest irrespective of tax effect and SLPs must be referred for central legal clearance. Thresholds do not apply to writs.
03/2008 - 14-05-2008 Central Excise
Constitution of Regional Advisory Committee for SSI Sector/ Non-SSI Sector, 100%EOU, Registered dealers & Service Tax Sector for the Block year 2008 & 2009.
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Constitution of Regional Advisory Committee establishes advisory membership, quarterly meetings, and exclusion of individual or judicial matters.
A Regional Advisory Committee for specified excise and service-tax sectors is constituted with the Commissioner as chairman, named trade representatives as members, and the Additional/Joint Commissioner (Technical) as secretary. The committee's functions are advisory, to resolve general difficulties for units within the Vapi Commissionerate; it will meet quarterly, is prohibited from discussing individual or judicial/quasi-judicial matters, and its term is limited to the block period.
Amendment in the Handbook of Procedures Vol.I - Appendix 21-C [Procedure of Electronic Fund Transfer]
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Application fee caps for duty credit scheme filings adjusted, with a lower maximum for electronically filed applications.
Amendment revises the Application Fee Scale in Appendix 21 C: fee for DEPB and other duty credit scheme applications is two per thousand subject to a minimum of two hundred and a maximum of one lakh and fifty thousand, with a lower maximum for electronically filed applications; separately, the application fee for issuance of a new IEC under ANF 2A is fixed at two hundred fifty.
Filing of Import Manifest Before Arrival of the Flight–Merger of Job Number and IGM Number – Regarding.
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Import manifest identification: single IGM number assigned on IGM (FFM) submission to streamline cargo clearance and matching.
ICES will allot a single IGM Number upon successful submission of the IGM (FFM) message by airlines, whether filed before or after flight arrival. The key fields making the IGM Number unique are Flight Number and Date of Origin of the flight; Aircraft Registration Number is mandatory but not a key field. An ICES terminal with access to the Flight Manifest System (FMS) will be provided at the airport to allow SDOs to update General Declaration details and Actual Time of Arrival, and revised message-exchange formats are posted online.
M/s. Moody ICL Certifications Ltd., an agency notified at Sl. No.A.17 of Appendix 6, Handbook of Procedures Vol.I, is no longer under suspension
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Suspension lifted: agency removed from suspension under the Foreign Trade Policy, restoring its notified status.
The Director General of Foreign Trade has terminated the suspension of M/s. Moody ICL Certifications Ltd., an agency listed at Sl. No. A.17 of Appendix 6, Handbook of Procedures (Vol. I), restoring its notified status. The amendment is effected under paragraph 2.4 of the Foreign Trade Policy 2004-09 and issued as a Public Notice in the public interest.
Filing of claim for refund of service tax paid under notification No. 41/2007-ST dated 6/10/2007 - reg.
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Refund of service tax claims can be filed from registered premises, allowing merchant exporters to claim refunds locally.
Merchant exporters may file refund claims for service tax paid on specified services from any premises registered for service tax under the Finance Act, 1994, or, if no premises are registered, must file the prescribed declaration and submit claims with the Assistant Commissioner/Deputy Commissioner having jurisdiction over the head office or registered office. In exclusive service tax commissionerate cities, claims for head/registered offices within those jurisdictions must be filed before the Assistant Commissioner/Deputy Commissioner of Service Tax. Manufacturer exporters must file with the AC/DC having jurisdiction over the factory or warehouse.
Amendments in the CENVAT Credit Rules, 2004 w.e.f. 01.04.08- regarding.
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Cenvat credit apportionment requires a single annual option and excludes credit for exclusively exempted use of inputs.
Cenvat credit is disallowed for inputs and input services used exclusively for exempted outputs, while credit on inputs and input services used for both dutiable and exempted outputs is allowed. Assessees not maintaining separate Cenvat accounts must elect one comprehensive apportionment option for the whole financial year: a percentage-based payment of the value of exempted outputs or payment equal to the attributable Cenvat credit, computed excluding exclusively used inputs and certain excluded input services. Attribution must follow actual consumption supported by records and a professional certificate; export of service without tax is not treated as exempted service and ISDs cannot opt for these schemes.
Filing of Import Manifest Before Arrival of the Flight – Merger of Job Number and IGM Number – Reg.
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Import manifest filing: single IGM issued on FFM submission streamlines identification and enables airport updates for clearance.
ICES will allot a single IGM Number on successful submission of the IGM (FFM) message by airlines (whether before or after arrival), making that IGM the final unique identifier for each flight; the FFM message key fields are Flight Number and Date of Origin of Flight, while aircraft registration is mandatory but not a key field. An ICES terminal with access to Flight Manifest System (FMS) at airport terminals will permit SDOs to update General Declaration details and Actual Time of Arrival.
Amendments in Hand Book of Procedures(Vol. I). - Appendix 4C, (Certificate of Origin Non-Preferential)
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Certificate of Origin Non-Preferential: addition of an authorized issuing agency expands issuer list for origin certification.
Amendment to the Handbook of Procedures (Vol. I) adds the Federation of Andhra Pradesh Small Industries Association as an authorised issuer of Certificate of Origin Non Preferential, updating the administrative appendix governing recognised issuing agencies under the Foreign Trade Policy and recording the association's contact details; the notification is issued in the public interest under the Director General's powers.
Amendments/correction in Standard Input Output Norms (SION)
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Standard Input Output Norms amendment updates CRGO steel descriptions to CRGO Silicon electrical steel for transformer inputs.
Amendments to the Standard Input Output Norms (SION) replace generic "CRGO steel" descriptions with the specific term CRGO Silicon electrical steel in coil and sheet forms for transformer-related SION entries, and require incorporation of these corrected import-item descriptions into the Handbook of Procedures (Vol.2) for the listed SION serial numbers.
Import of Motor Car etc. under EPCG Scheme.
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Import of motor cars under EPCG Scheme: tourist only registration required and Customs/DGFT to enforce compliance.
Imports of motor cars, SUVs and all purpose vehicles under the EPCG Scheme are limited to specified tourist related end users. Customs shall endorse the Bill of Entry that such vehicles be registered "for tourist purpose only." Where EODCs were not obtained and vehicles are not registered as tourist vehicles, EPCG holders must register them as tourist vehicles by the prescribed compliance date, with Regional DGFT authorities monitoring and ensuring adherence.
Amendment in EPCG Authorization issued from 1.4.2008 to 11.4.2008.
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EPCG duty amendment: customs to clear affected authorizations at reduced duty and regional authorities may amend.
EPCG authorizations issued between 1.4.2008 and 11.4.2008 shall be deemed to be issued at 3% Customs Duty and Customs shall automatically allow clearance of goods at that rate; Regional Authorities may call back the authorizations and make changes to them.
02/2008-09 - 07-05-2008 Central Excise
Forwarding of Central Excise Notifications.
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Central Excise notifications forwarded for information; trade associations asked to publicize and ensure compliance among members.
The Commissioner forwards specified Central Excise notifications (numbers and dates enclosed) for information, guidance and necessary action; all trade associations, chambers of commerce and Regional Advisory Committee members are requested to publicize this trade notice among their members and constituents. The notice is issued by the Joint Commissioner (Technical), Central Excise & Customs, Vapi, with enclosures and file reference.
Reporting of information on a quarterly basis
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Quarterly reporting obligation for registrars and share transfer agents now requires certified electronic submission in prescribed formats.
Registrars to an Issue/Share Transfer Agents must submit quarterly reports in the revised Annexure A format within fifteen days of quarter end, certified by an authorised officer. Beginning with the quarter ended June 30, 2008, reports shall be submitted in electronic form only, by e mail as two files (PDF and Excel) to the prescribed e mail id, using the specified subject line and file naming conventions.

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