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Circulars
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External Commercial Borrowings (ECB) Policy
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External Commercial Borrowings: IFCs allowed automatic route ECB access within owned funds limits; excess borrowings require approval.
IFCs, as NBFCs classified by the Reserve Bank, may avail ECBs, including outstanding ECBs, up to a prescribed proportion of their owned funds under the automatic route, subject to existing prudential guidelines; ECBs beyond that threshold require Reserve Bank approval under the approval route, and Authorised Dealer Category I banks must ensure compliance when certifying applications.
Declaration required for Redemption of EPCG Licence
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Declaration requirement for EPCG license redemption: CA certified statements to prevent double counting of export obligations and penal consequences.
EPCG authorization redemption requires segregation of shipments: shipping bills counted for specific/additional export obligation must not be counted for average export obligation of the same or any other EPCG authorization, and shipments credited to average EO must not be used for specific/additional EO. Pending amendments to forms, applicants must submit two Chartered Accountant counter signed declarations certifying non overlap of shipments for specific/additional and average EOs; holders and CAs are accountable and subject to penal action if declarations are false or misleading.
Leviability of Education Cess and Higher Education Cess on the Stainless Steel Patta Patti or Aluminium Circles units working under compound levy scheme - reg
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Education Cess applicability clarified: cess payable over and above compound levy for specified stainless steel and aluminium units.
Education Cess and Higher Education Cess must be paid over and above the compound levy fixed under Notification No. 17/2007-CE for Stainless Steel Patta Patti and Aluminium Circles because that notification does not expressly include those cesses; there is no exemption and comparisons to other compound levy notifications that specifically include the cesses are erroneous.
Launch of the Indian Customs EDI System (ICES 1.5) Exports, at Magdalla & Dahej Ports-Reg.
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Electronic shipping bill processing under ICES 1.5 centralizes export filing and integrates scheme registrations and drawback credit.
Launch of the ICES 1.5 centralised EDI platform at Magdalla and Dahej ports enables electronic filing and automated processing of export shipping bills, subject to mandatory pre filing registrations (IE Code, CHA/shipping agent, bank account/AD/IFSC, DGFT licences) and standardised coding. The procedure prescribes service center and remote filing through ICEGATE, checklist verification, system generated shipping bill numbers, customs examination and sampling recorded electronically, escalation and query mechanisms, scheme specific rules for Drawback/DEPB/EPCG/DFIA/EOU, and integrated foreign exchange realisation monitoring with specified helpdesk and grievance channels.
Online Transmission of Licenses/Authorizations issued under Duty Exemption Scheme (DES), Export Promotion Capital Goods Scheme (EPCG) and Online Transmission of DEPB Licenses between Customs and DGFT.
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Online transmission of export-import licences enables automatic availability of DGFT licences in Customs EDI for filing shipping bills and BOEs.
Operationalisation of online transmission makes licence/file numbers issued on or after 1 March 2009 automatically available in the ICES 1.5 EDI system for exporters and for importers where the port of registration is this port; exporters/importers must quote the licence/file number in shipping bills or bills of entry. Manual registration procedures continue to apply for licences issued on or up to 28 February 2009, with transitional steps specified for licences issued after 1 March 2009 but before implementation to permit verification and subsequent electronic registration.
Review of the policy on foreign direct investment in the manufacture of Cigarettes etc.
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Foreign direct investment prohibition in manufacture of cigarettes and related tobacco products imposed; activity added to prohibited sectors.
The policy now prohibits foreign direct investment in the manufacture of cigars, cheroots, cigarillos and cigarettes of tobacco or tobacco substitutes. The prior provision permitting FDI under the government approval route and subject to industrial licensing has been deleted and the activity expressly added to the list of sectors where FDI is prohibited, with immediate effect as an amendment to the Consolidated FDI Policy.
Withdrawal of Instruction No. 45
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SEZ instruction withdrawal: administrative order annuls prior instruction following operationalisation of SEZ Act provisions under statute.
Instruction No. 56 dated 7-5-2010 withdraws Instruction No. 45 dated 30-11-2009 with effect from 13-1-2010, pursuant to a Notification dated 13 January 2010 that operationalises Sections 20, 21 and 22 of the Special Economic Zone Act, 2005; the document operates as an administrative circular ordering withdrawal of the earlier instruction consequent on the statutory operationalisation.
Making Annual Reports of Listed Companies easily accessible
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Annual report accessibility required: stock exchanges must host listed companies' annual reports to ensure investor access.
SEBI requires stock exchanges to host on their websites the Annual Reports of listed companies submitted under Clause 31 of the Equity Listing Agreement for the financial year 2009-10 onwards, following discontinuation of the EDIFAR site and omission of Clause 51, and to report implementation status to SEBI.
Launch of the Indian Customs EDI System (ICES 1.5) Exports, at ICD - The Thar Dry Port (Sanand)-Reg.
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Customs EDI system rollout enables centralized electronic filing and automated export shipping bill processing and scheme validation.
Centralized ICES 1.5 electronic processing at ICD The Thar Dry Port mandates pre filing registration of exporters, CHAs, shipping agents, authorised dealer bank accounts and DGFT licences; prescribes electronic filing via Service Centres or Remote EDI with printed checklists, system generated Shipping Bill numbers, officer workflows for physical examination, sampling, "Let Export" approval triggering Shipping Bill printouts, and scheme specific electronic handling for Drawback, DEPB and EPCG/DES including bank registration for direct credit and automated DGFT message exchange.
Amendment in Appendix 30A (Export Obligation Period for specified inputs) of the HBP. Vol.I. reg.
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Export obligation period: silk in any form now subject to six-month export obligation from customs clearance.
A new export obligation entry requires that silk in any form carry an export obligation of six months, calculated from the date of clearance of the first consignment by the customs authority; this entry is added immediately to the Appendix governing export obligation periods in the Handbook of Procedures.
Allowing employees of units in IT SEZ can work from Home or from a place outside the SEZ
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Work-from-home for IT SEZ employees permitted as an exception when temporarily incapacitated or traveling, subject to project and export conditions
Permits employees of IT SEZ units to work from home or outside the SEZ only where they are temporarily incapacitated or traveling, provided the person is an employee of the SEZ unit, the off premises work relates to a project of that unit, and any resultant exports are effected solely from the unit's premises in the SEZ.
04/2010 - 05-05-2010 Central Excise
Sealing of packing Machines, Manufacturing premises and storage premises of Packing Machines Procedures.
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Sealing procedures for packing machines require supervised multi-point sealing, secured storage, and Panchnama documentation.
Sealing procedures require uninstallation or inoperability and multi-point sealing of packing machine sealers under Central Excise supervision, notification of destination for removed machines, sealing of external premises or secured factory rooms, Panchnama recording with authorized representatives and independent witnesses, and retention of sealed keys by Central Excise officers; specific protocols apply when the entire factory is temporarily closed, including power disconnection and fabric-sealed locks to prevent manipulation.
Clarification on roadmaps for application of converged Indian Accounting Standards with IFRSs
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Converged Accounting Standards adoption: phased timelines, eligibility cut-offs and mandatory continuity of application clarified.
Phased applicability and procedural rules for adoption of the first set of converged Accounting Standards are specified: Phase I entities must convert opening balance sheets (1 April 2011 for most companies; 1 April 2013 for specified banks and finance entities) and prepare subsequent financial statements under the converged standards, with cut-off balance sheet dates set for determining eligibility. Net worth calculation rules for applicability are prescribed, subsidiaries and group consolidation adjustments are addressed, early adoption is permitted for some group entities, and reversion to prior standards after adoption is not allowed.
Introduction of Index options with tenure up to 5 years
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Index options tenure extension to five years permitted, subject to contract cycle structure and exchange risk management.
Introduction of index options with tenure up to five years is permitted on recognised exchanges provided there are eight semi annual June/December contracts in sequence to three serial monthly contracts and three quarterly contracts of the March/June/September/December cycle, and the exchange has an appropriate risk management framework for such derivative contracts.
Release of Foreign Exchange for Visits Abroad - Currency Component
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Release of foreign exchange ceiling increased for travel, with country-specific higher limits retained and notification required.
The Reserve Bank increased the permissible sale of foreign currency notes and coins by Authorised Dealers and Full Fledged Money Changers to travellers, raising the ceiling for most countries to a higher single trip limit to be released from the traveller's overall foreign exchange entitlement. Pre existing, higher limits remain in place for travellers to Iraq and Libya, and full release in notes and coins continues for travellers to the Islamic Republic of Iran, the Russian Federation and other Republics of the Commonwealth of Independent States.
Foreign Direct Investment (FDI) in India - Transfer of Shares/Preference Shares/Convertible Debentures by way of Sale - Revised pricing guidelines
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FDI share transfer pricing guidelines revised-new valuation and certification requirements for resident-non resident equity transfers.
Revised pricing guidelines for transfer of equity instruments between residents and non residents require listed shares to be transferred at the ruling market price and unlisted shares to be valued by a SEBI registered Category I merchant banker or Chartered Accountant using the discounted free cash flow method or other prescribed methodologies; the computed price must be certified. Transfers by non residents to residents are subject to the pricing ceiling based on resident to non resident rules, with specified procedures for exchange traded and non exchange sales and a permitted premium where management control passes to resident promoters.
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 sufficient public holdings are dematerialised.
Stock exchanges may shift securities from Trade-for-Trade Settlement to normal Rolling Settlement for companies that have established connectivity with both depositories provided that at least 50% of non-promoter holdings are in dematerialised form, certified by the RTA or, where no separate RTA exists, by a practicing company secretary or chartered accountant, and provided there are no other grounds for continuation of TFTS; exchanges must report actions in Monthly/Quarterly Development Reports to the regulator.
Guidelines for Credit Rating Agencies
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Transparency and disclosure obligations require credit rating agencies to publish default studies, conflicts policies, and detailed rating records.
Prescribes comprehensive transparency and disclosure obligations for registered Credit Rating Agencies, requiring retention of detailed rating records for five years after maturity, publication of default studies using static-pool and weighted-average methods, management and disclosure of conflicts of interest, specific prohibitions and disclosure requirements for structured finance ratings, labeling and disclosure of unsolicited ratings, and standardized periodic website and stock-exchange disclosures on rating procedures, rating movements, defaults, default rates, income sources, shareholding pattern and IOSCO code compliance.
79 - 03-05-2010 Income Tax
On line approval of high value refunds AST Instruction No.79
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On-line approval of high value refunds required; senior tax officers must approve before bankers process refunds.
On-line Refund Approval functionality requires refunds in prescribed slabs to receive electronic prior approval from Addl. CIT or CIT before disbursement; the Refund Banker will not pick up a refund unless approval is recorded in AST. The system includes a user manual and allows generation of pending-approval lists for CIT and Addl. CIT.
Amendment in Appendix 11B for Value addition notified vide Public Notice No. 42 dated 16.2.2010
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Minimum value addition requirement imposed for copper anode, cathode and wire rods under Appendix amendment.
Sl. No. 1 of Appendix 11B in the Handbook of Procedures (Vol. I) is amended to require that Copper Anode, Copper Cathode and Copper Wire Rods manufactured from copper concentrate meet a minimum value addition of 8% as a condition for export, notified by the Director General of Foreign Trade under Paragraph 2.4 of the Foreign Trade Policy, 2009-14.

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