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Circulars
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Treatment of Capital Goods sourced from SEZ and import of spares for such Capital Goods under EPCG Scheme – Para 5.2A of FTP– reg.
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Treatment of SEZ-sourced capital goods: treated as imports, enabling EPCG spares import with reduced export obligation.
Capital goods sourced from a Special Economic Zone are treated as imported goods, making import of spares for those capital goods eligible under the EPCG scheme with a reduced export obligation; EPCG authorisations for spares are also permitted consistent with prior policy clarification.
Constitution of Special Drawback Cells to liquidate the pendency of Drawback claims — Observance of May and June 2012 as Drawback Clearance Months - Nomination of Nodal Officer
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Drawback clearance months declared to expedite liquidation of pending drawback claims; nodal officers appointed to oversee processing.
The notice directs constitution of a Special Drawback Cell to liquidate pending drawback claims by observing designated Drawback Clearance Months, and nominates a Nodal Officer and an Assistant Nodal Officer to supervise and assist the Cell. Exporters, Customs House Agents and others are instructed to contact the nominated officers for disposal of pending claims; the notice provides the officers' designations and contact details for facilitation of claim clearance.
File applications for 58 SEZ ports codes - reg.
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SEZ port code issuance: authorised codes must be used in DGFT filings under the Foreign Trade Policy and SEZ rules.
The Directorate General has allocated specific SEZ port codes to fifty eight listed SEZs and directs applicants to use those codes on the DGFT server wherever a port code is required under the Foreign Trade Policy 2009-14 and the SEZ Act and Rules, standardising electronic identification for procedural filings.
Amendment in the conditions and modalities for registration of contracts with DGFT for export of sugar.
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Registration conditions for sugar export: increased RC limit, CAD permitted and extended shipment period.
The circular raises the maximum quantity per registration certificate, permits Cash Against Documents alongside Letter of Credit and FIRC (to be specified on application), extends the export completion period for RCs, allows split RCs for multiple ports within the overall RC limit, and conditions additional RCs on proof of export of at least half the total permitted quantity; prior release orders remain governed by their original terms.
Exchange Earner’s Foreign Currency (EEFC) Account
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Exchange earner foreign currency conversion required for available EEFC balances, excluding amounts earmarked for outstanding hedges.
The Reserve Bank directed conversion of a portion of EEFC account balances into rupee balances to be credited to rupee accounts per account holder directions; the conversion applies only to the available EEFC balance after netting off amounts earmarked for outstanding forward and option contracts booked before the earlier notification. Authorised Dealer Category I banks must implement the conversion, notify their constituents, and note that the directions are issued under FEMA and do not affect other statutory permissions.
Introduction Of facility of payment of rebate/refund claim amount directly to Exporters Bank account instead of issuance of cheques
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Electronic payment of rebate and refund claims to exporters' bank accounts streamlines disbursal and replaces cheque issuance.
Facility to pay rebate and refund claims directly to exporters' bank accounts instead of cheques; claimants must provide a one-time authorization, divisions will forward weekly statements and a consolidated cheque to the designated bank, which will transfer funds via NEFT/RTGS after applicable charges, and divisions will record the bank scroll, deface originals, complete files and send them for post-audit while pre-audit procedures remain unchanged.
Foreign investment in NBFC Sector under the Foreign Direct Investment (FDI) Scheme - Clarification .
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Foreign investment in NBFC leasing: only financial leases permitted under automatic route; operating leases excluded.
FDI up to 100% in NBFC "leasing and finance" under the automatic route, subject to minimum capitalisation norms, applies only to financial leases; operating leases are excluded. AD Category I banks should notify their customers; amendments to FEMA 2000 will be separately notified and the directions are issued under the Foreign Exchange Management Act without prejudice to other statutory permissions.
Areca nut (i.e. Betel nut) under SIONs (including Leather SIONs), disallowing import thereof.
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Import restriction on Areca nut permitted only for actual users or where SIONs explicitly authorize its use.
Importation of Areca nut (i.e. Betel nut) as an input is permitted only when it is specifically listed in the SION for the export product, or when imported by an actual user whose SION either names the input or whose product's SION includes a generic description that reasonably covers Areca nut.
09/2012 - 15-05-2012 Companies Law
Compliance of the provisions of Companies Act, 1956 and the Rules made there under.
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Modification of charges allowed for defaulting companies to enable recording of security interest changes with the Registrar.
Ministry permits the Registrar of Companies to accept filings for modification of charges under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act and filings recording satisfaction of charges from defaulting companies, notwithstanding the general requirement that defaulting companies must first file updated balance sheets and annual returns; the permission applies to the prescribed event-based forms and is effective from the stated date.
Review of Regulatory Compliance and Periodic Reporting
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Regulatory reporting requirement: revised half-yearly compliance and investor grievance reports required from merchant bankers to be filed with SEBI.
Merchant bankers must submit a Board-reviewed half-yearly report in a revised electronic format to SEBI detailing regulatory compliance status, investor grievance redressal, deficiencies and corrective measures, pre-issue and post-issue due diligence followed, and track record of past issues; the Compliance Officer shall file the report within three months after each half year and report changes in status or constitution as required.
Conditions and modalities for registration of contracts with DGFT for export of sugar.
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Registration requirement for sugar exports: contracts must be registered and exports reported promptly or face compliance penalties.
Export of sugar is permitted free provided export contracts are registered with DGFT; exporters must pre-notify by e-mail, file a hard-copy application with the RA including proof of advance payment, Annexure I undertaking, IEC copy and supplier details. DGFT issues a Registration Certificate permitting export to be completed within 30 days; suppliers must notify DGFT after supply. Non performance attracts debarment and penal action under the Foreign Trade (D&R) Act. Subsequent RCs require proof of prior export. RC holders must submit immediate consignment reports on LEO and a consolidated report within 35 days with shipping documentation.
Electronic refund of service tax paid on taxable services used for exports of goods
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Service tax refund scheme review seeks revised refund rates and stakeholder consultation to adapt to rate change and taxation approach.
A committee led by the Director General of Service Tax will review the electronic refund scheme for service tax on services used for exports, develop a scientific approach to fixing refund rates, and propose a revised schedule accounting for the service tax rate change and movement to a Negative List approach; it will consult stakeholders and submit a report to the CBEC Chairperson, with suggestions accepted via the provided email.
Deferred Payment Protocols dated April 30, 1981 and December 23, 1985 between Government of India and erstwhile USSR
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Special Currency Basket revision requires banks to apply the updated rupee value and notify affected constituents promptly.
The Reserve Bank of India revised and fixed the rupee value of the Special Currency Basket used under the Deferred Payment Protocols; Authorised Dealer Category I banks must adopt the revised rupee value for transactions and notify their affected constituents. The directions are issued under FEMA and are without prejudice to other statutory permissions or approvals.
Master Circular for Mutual Funds
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Mutual funds: SEBI's master circular mandates offer document formats, governance, NAV rules, valuation and disclosure regimes.
The Circular compiles SEBI's operative circulars for mutual funds effective to March 31, 2012, prescribing mandatory formats, filing and update timelines for SID/SAI/KIM, governance and risk-management requirements (audit/valuation committees, systems audit), detailed disclosure and reporting regimes (half-yearly portfolios, NAV publication, CTRs, MCRs), uniform NAV cut-off and time-stamping rules, valuation methodologies for traded/non-traded securities including benchmark and spread matrices, investment restrictions and procedures for conversion/merger/additional plans, and product-specific rules for Fund of Funds, Gold ETFs, capital-protection and foreign investor investment routes.
Listing of Government Companies in the Stock Exchange
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Listing of government companies promotes corporate governance and enables tapping capital markets instead of government financing.
The Office Memorandum instructs Financial Advisers on CPSE boards to promote and secure the listing of Government companies under the disinvestment policy, advising that listing will enable CPSEs to raise capital from the market for capital expenditure, reduce dependence on Government financing, and create fiscal space, while delivering enhanced corporate governance through higher disclosure, independent directors, market discipline, and deeper capital markets.
Transfer of specified members of ITAT from one Benches to another Benches
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Member transfers: specified ITAT members reassigned between benches, with joining time and transfer benefits rules applied.
An administrative order transfers specified Income Tax Appellate Tribunal Members between benches in the public interest, listing each Member's current and new posting. It treats one transfer as request-based, denying that Member joining time and transfer benefits, while other transferred Members may avail joining time and transfer travel allowance as admissible under service rules.
Hon’ble High Court of Kerala at Ernakulam Order WO(C) No. 29872/2011(H) dated 01.12.2011–Clarification regarding the conversion formula to be applied while converting timber quantity in Hoppus Ton to Cubic Metre -reg.
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Timber conversion standard requires uniform Hoppus Ton to cubic metre assessment and invoiced sales proof for SAD refund claims.
Directs Customs formations to adopt a uniform conversion convention when converting Hoppus Ton to Cubic Metre for imported round timber logs in SAD refund claims. The importer is entitled to refund of SAD only upon production of invoices showing sale on payment of VAT for the full quantity determined in Cubic Metre under the prescribed conversion convention; pending cases are to be disposed of accordingly.
09 - 11-05-2012 Service Tax
Designation of CPIO in Service tax Commissionerate, New Delhi under RTI Act, 2005.
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Designation of CPIO: Ms. Aruna appointed Assistant Commissioner as CPIO for Service Tax Commissionerate, New Delhi with contact details.
Designation assigns Ms. Aruna, Assistant Commissioner, as Central Public Information Officer (Coordination/Legal/Technical) for Service Tax Commissionerate (HQ), New Delhi, with office address and telephone numbers published and effective immediately to fulfil Right to Information Act obligations within the Commissionerate's territorial jurisdiction.
Offline block for filing of DVAT/CST returns and Annexure 2A & 2B .
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Mandatory online filing of VAT returns now supported by an offline preparation tool enabling upload of generated text files.
All registered dealers must file DVAT/CST returns online and submit annexure data online before filing; the Department's updated offline block permits offline preparation of returns and annexure imports, generates standardized text files for dealer portal upload, segregates multi month data month wise, and thereby reduces the need for continuous portal login.
Exim Bank's Line of Credit of USD 13 million to the Government of the Republic of Mozambique .
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Line of Credit for export financing mandates majority Indian content, fixed disbursement windows and FEMA compliance.
Exim Bank's Line of Credit to Mozambique finances a solar module manufacturing plant where at least 75 per cent of contract value must be supplied from India and up to 25 per cent of non-consultancy goods and services may be procured abroad. The Credit Agreement, effective April 23, 2012, prescribes 48-month disbursement limits from project completion for project exports and a 72-month disbursement window from execution for supply contracts.

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