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Circulars
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Monitoring of pendency of appeals - instructions regarding.
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Appeals disposal targets require minimum monthly throughput, cap on prolonged pendency, Quarterly reporting and corrective deficiency notes.
Norms require Commissioners (Appeals) to meet specified monthly disposal expectations, prioritize older appeals, and prevent appeals from remaining pending beyond the prescribed maximum duration; where pendency is low, disposal must meet a minimum proportion of opening balance plus receipts. A revised quarterly report must present opening balance, receipts, disposals, closing balance, age-wise pendency and reasons for overage, and Chief Commissioners must submit a performance analysis by the 10th of the month following the quarter. Commissioners (Appeals) must also forward deficiency notes on non-speaking or defective adjudication orders to the Chief Commissioner and the concerned Commissioner for remedial action.
Recognition of certification/inspection reports/test reports issued by Indian bodies by Ecuador
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Recognition of accreditation enables Ecuador to accept accredited Indian certification, inspection and test reports for imports.
Ecuador will recognize accreditation by members of the International Accreditation Forum and International Laboratory Accreditation Cooperation; accordingly, certifications, inspection reports and test reports from Indian bodies accredited by NABCB and NABL demonstrating compliance with standards applicable in Ecuador shall be accepted by Ecuadorian authorities for the products listed in the annexure, and exporters of those goods are advised to contact NABCB or NABL for details.
Terms and conditions for issue of EPCG authorizations to EOU units after conversion to DTA unit-Regarding
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Debonding under EPCG Scheme: standalone units exempt from average export maintenance but incur additional export obligation.
For EOU/EPZ units converting to DTA and debonding under the EPCG scheme: standalone units are not required to maintain pre-existing average export levels but must meet an additional export obligation measured on the depreciated value of capital goods as per the EPCG multiple. When one unit of a multi-unit firm debonds, the average export obligation for the remaining units remains unchanged; the debonding unit's exports are excluded when fixing the firm's average, and the debonding unit incurs an additional export obligation on the depreciated value. A bond or LUT/BG must accompany the debonding application as per Handbook (Vol. I).
Restriction on import of Hot Rolled Coils - Notification No. 63 dated 21.11.2008
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Import restriction on Hot Rolled Coils clarified; interim imports of non coil hot rolled products permitted clearance without licence.
The DGFT restricted imports under the four digit ITC(HS) heading for Hot Rolled Coils and later clarified that, to remedy interim uncertainty, import clearances effected without a licence for Hot Rolled Products not in Coils classified under that heading during the interim period may be allowed to stand.
Amendments in the Handbook of Procedures Vol. I:
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ATA carnet: permitted for temporary imports for fairs and exhibitions; specified IEC may be used for such imports.
The Handbook amendment authorises importers importing goods for display or use in fairs, exhibitions or similar events under an ATA carnet to use their Importer Exporter Code; the same IEC may also be used by importers importing for exhibitions/fairs as per the relevant Handbook provision governing exhibition imports.
Amendments in Appendix-5 (List of Inspection and Certification Agencies) of the Handbook of Procedures (Vol.I).
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Delisting of inspection agencies alters recognized certification providers, changing compliance options for exporters under the Foreign Trade Policy.
The Director General of Foreign Trade, invoking Paragraph 2.4 of the Foreign Trade Policy 2004-2009, amends the Handbook of Procedures (Vol. I) by removing specified entities from Appendix-5 (List of Inspection and Certification Agencies), thereby withdrawing their recognition as listed inspection and certification providers for purposes of export-import procedural compliance under the Handbook.
Import of waste paper.
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Pre-shipment inspection requirement restricts import unloading of uncertified waste paper consignments, triggering increased customs checks.
Applications for NOC to the Ministry of Environment and Forests must be accompanied by a certificate from an independent pre-shipment inspection agency for consignments shipped after 25.4.2009. Until consignments arrive with that certificate Customs shall carry out a higher percentage physical examination of imported cargo, and consignments shipped on or after 25.4.2009 lacking the pre-shipment inspection certificate shall not be allowed to be unloaded at Indian ports.
Foreign Exchange Management (Deposit) Regulations, 2000-Loans to Non Residents / third party against security of Non Resident (External) Rupee Accounts [NR (E) RA/Foreign Currency Non Resident (Bank) Accounts [FCNR(B)] -Deposits
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Loans against NR(E)RA and FCNR(B) deposits: cap raised and banks prohibited from splitting loans to evade limits.
Banks may grant loans secured by funds in NR(E)RA and FCNR(B) deposits to depositors or third parties up to a revised maximum limit, subject to an express prohibition on artificial slicing of loan amounts to circumvent the ceiling. The revision is effective immediately and the directions are issued under the relevant powers of the foreign exchange statute without prejudice to other statutory permissions.
Buyback/Prepayment of Foreign Currency Convertible Bonds (FCCBs)
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Buyback of Foreign Currency Convertible Bonds permitted at higher limit with tiered minimum discounts and prior central bank approval.
Buyback of Foreign Currency Convertible Bonds (FCCBs) out of internal accruals is permitted up to an increased redemption-value ceiling per company with prior Reserve Bank approval, subject to tiered minimum discounts on book value linked to successive redemption-value bands; all other terms of the earlier A.P. (DIR Series) Circulars continue to apply and the procedure must be completed within the timeline specified in the related circular.
External Commercial Borrowings (ECB) Policy - Liberalisation
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External Commercial Borrowings all-in-cost relaxation extended under approval route, with other ECB conditions unchanged and effective immediately.
All-in-cost ceilings for External Commercial Borrowings accessed under the approval route are temporarily dispensed with, permitting eligible borrowers to seek Reserve Bank approval for ECBs beyond prescribed cost ceilings; this relaxation is effective immediately and subject to review at the end of the extension. All other ECB parameters, including Automatic Route limits, eligible borrower and recognised lender criteria, end-use, maturity, prepayment, refinancing and reporting requirements, remain unchanged, and amendments to the FEMA borrowing regulations will be issued separately.
Amendments to the Equity Listing Agreement
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Unclaimed share demat suspense account established to hold unclaimed allotments with frozen voting rights until claim.
A uniform procedure requires issuers to credit unclaimed shares from public or other issues to a demat suspense account, credit corporate benefits to that account, maintain individual allottee records, re-credit shares to an allottee's demat account after identity verification, prohibit transfers from the suspense account except to effect allotment, freeze voting rights until claim, and disclose aggregate suspense-account details and movements in the Annual Report while shares remain outstanding.
The benefit of enhanced depreciation on commercial vehicles has been extended up to 30th September 2009 vide notification dated 21st April, 2009 issued by CBDT.
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Enhanced depreciation on commercial vehicles extended; qualifying acquisitions put to use before October eligible for enhanced depreciation benefit.
Commercial vehicles acquired on or after 1 January 2009 and put to use before 1 October 2009 qualify for enhanced depreciation; the notification substituted the earlier cut off of 1 April 2009 with 1 October 2009 to extend the period for claiming the enhanced allowance.
Return Scrutiny Manual for scrutiny of ST 3 returns
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Return scrutiny framework mandates preliminary and risk based detailed checks to validate self assessed service tax returns and refer discrepancies.
A two-tiered Return Scrutiny Manual requires preliminary scrutiny of all service tax returns for completeness and arithmetic accuracy, and detailed scrutiny of selected returns-chosen by risk parameters-for issues of classification, exemptions, valuation and CENVAT credit availment; scrutiny officers validate returns and refer findings to audit or anti-evasion wings, and manual procedures and prioritisation rules apply until an automated ACES module is operational.
Foreign Direct Investment in India - Transfer of Shares/Preference Shares/Convertible Debentures by way of Sale - Modified Reporting Mechanism
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FDI transfer reporting requires revised FC TRS, KYC verification and timely AD bank submission for cross border share sales.
The circular revises reporting for sale transfers of shares, CMCPS and debentures between residents and non residents by mandating use of Form FC TRS with specified supporting documents and AD branch certification; requires KYC verification by the remittance receiving AD bank and submission of the FC TRS in quadruplicate within sixty days of receipt of consideration, places onus of timely filing on resident transferor/transferee, maintains prior RBI approval for deferred payment transactions and updates consolidated inflow/outflow reporting proformas submitted to the Reserve Bank.
Implementation of Risk Management System (RMS) for remaining Export Promotion Schemes
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Risk Management System implementation extends facilitation to accredited exporters while non accredited shipments face assessment and post clearance audit.
RMS is extended to multiple Export Promotion schemes so that Accredited Clients' Bills of Entry are facilitated while non accredited entries undergo assessment and examination; concurrent audit of all EP imports is replaced by selective post clearance audit. Importers must continue registration of licences/authorisations and follow established procedures for Bonds and Bank Guarantees. For facilitated entries, Procurement Certificates for EOUs will be handled by Bond Section and verified by Shed officers at Out of Charge, who must tally documents, debit/deface certificates and comply with examination instructions before release.
India and Syrian Arab Republic have revised the existing Double Taxation Avoidance Agreement (DTAA) for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income.
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Source-based taxation and anti-abuse rules permit source-state taxation and cap withholding on dividends, interest and royalties.
Revised bilateral agreement introduces anti-abuse provisions and permits source-based taxation of capital gains on alienation of shares; limits treaty benefits to genuine residents; allows source-state taxation of business profits where a permanent establishment exists; taxes construction projects continuing 270 days or more and services continuing more than 183 days in any 12 month period; leaves shipping and aircraft profits taxable in the resident state; and sets maximum source-state withholding limits on dividends (with a reduced rate when the beneficial owner holds at least a 10% equity interest) and on interest and royalties.
Procedure for drawal of Samples and Testing
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Sampling Procedure: centralized sample cell and accredited testing requirement streamline customs testing and reporting timelines.
Establishes a standardized regime for drawal, sealing, duplicate storage, forwarding and testing of import/export samples through a newly formed Central Sample Cell (CSC), prioritising Customs laboratories and, where necessary, Government or NABL accredited outside laboratories; prescribes Test Memo and register formats, EDI/intranet reporting of test reports, monitoring timelines with fortnightly/monthly reconciliations, commodity specific sampling criteria, rules for reliance on prior or in house test reports, and retention/disposal protocols for remnant and duplicate samples.
Levy of additional duty of Customs @ 16 % ad valorem on codeine phosphate and other narcotic drugs imported into India. Matter regarding
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Additional customs duty on narcotic drug imports prompts administrative guidance and trade notification for compliance.
An additional duty of customs at sixteen percent ad valorem is imposed on imports of codeine phosphate and other narcotic drugs, with an enclosed communication from the Tax Research Unit providing administrative guidance; trade bodies and customs agents are asked to publicise the notice and follow the instructions when declaring and clearing affected consignments.
Amendments to SEBI (Disclosure and Investor Protection) Guidelines, 2000-Filing of draft offer documents for public/ rights issues, with Western Regional Office of SEBI at Ahmedabad
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Filing location change: draft offer documents for Gujarat and Rajasthan companies to be filed with Ahmedabad SEBI regional office.
Amendment designates a Western Regional Office at Ahmedabad and modifies Schedule XXII of the SEBI (DIP) Guidelines, requiring merchant bankers to file draft offer documents for public and rights issues for companies with registered offices in Gujarat and Rajasthan with the Ahmedabad regional office; registered merchant bankers must ensure compliance and the amendment applies to filings on or after the effective date stated in the circular.
Export of Sugar - reintroduction of the system of export release orders w.e.f. 1.1.2009 for export under OGL - reg.
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Export release order requirement reintroduced for sugar exports under open general licence, restoring pre-export clearance obligation.
Reintroduction of a pre-export clearance mechanism: export release orders are reinstated effective 1 January 2009 as a mandatory requirement for sugar exports under the Open General Licence (OGL), while the prior dispensation for exports under the Advance Authorization Scheme continues; regional authorities and field formations are directed to implement and ensure compliance with this decision.

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Acts Income Tax