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Daily list of imports/exports 2010–2011–reg.
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Access to customs import-export data available on subscription with specified fees, delivery media, and payment procedure required.
Daily lists of import and export consignments through Air Cargo Complex, Sahar, Mumbai will be available to subscribers and will specify key transaction fields (date, origin/destination, description, ITC (HS) code, quantity, value, and carrier). Lists will be issued on CD or pen drive. Subscription is required, subscribers must state intended use, and fees for half yearly and yearly options must be paid by demand draft in favor of the Assistant Commissioner of Customs (EDI) payable at Mumbai, with the draft and subscription letter delivered to the Assistant Commissioner (EDI).
Extension of Validity of Public Notice No. 02/2005 up to 31.03.2011
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Validity extension of public notice for Inland Waterways Authority of India continued under customs administration.
The validity of Public Notice No. 02/2005, earlier extended by successive notices, is further extended up to 31.03.2011 in respect of M/s. Inland Waterways Authority of India. The notice records a further administrative extension of the public notice for the specified entity.
Amendments in the vide letter of even dated 15th March 2010 - Approved by the Board of Approval
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SEZ construction approval requirement: buildings and warehouses now require Unit Approval Committee clearance; no tax benefits for external construction.
Annexure I is amended so that construction of all types of buildings in the processing area and warehouses are valid only "as approved by the Unit Approval Committee"; existing guidelines continue to exclude tax benefits for construction outside SEZ premises, including water pipeline connections from the source to the SEZ, and designated officers are to ensure compliance.
Clarification regarding availment of credit on input services - reg
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CENVAT credit on input services permitted when accounting entries or settled payments constitute payment, subject to tax actually paid.
Clarification explains that when substantive law treats book adjustments as constituting the gross amount charged, such adjustments qualify as payment for claiming CENVAT credit; credit is allowable where service charges and corresponding service tax are treated as paid and the tax has been paid to the government account. If the finally settled payment is less than the invoiced amount due to discounts or deductions, the invoice is treated as amended and credit is limited to the service tax actually paid, with subsequent refunds or extra payments requiring corresponding adjustment.
DCs must put a system in place in their respective SEZs so that export and import activities are continuous in the SEZs
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Continuous customs operations: require holiday customs shifts and supervisory availability to maintain SEZ export import activity.
DCs must ensure uninterrupted SEZ export and import operations by arranging holiday customs functioning-providing at least one customs shift during core daytime hours and availability of an ADC or DDC to address unit and developer issues-and must notify units and developers of these arrangements. DCs must also ensure temporary removal facilities to the Domestic Tariff Area for repair and testing are available on holidays under Rule 50, and confirm implementation within the required timeline.
Margining of institutional trades in the cash market
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FII collateralisation: government and AAA sovereign securities accepted for cash market margins, but cross margining with derivatives barred.
FIIs may offer domestic government securities and foreign sovereign AAA-rated securities, in addition to cash, as collateral to recognized stock exchanges for cash market transactions; cross-margining between cash and derivative segments for such securities is not permitted. Stock exchanges must amend bye-laws, inform member brokers/clearing members, publish the changes, and report implementation status monthly, under the regulator's statutory powers to protect investors and regulate the market.
Using the IEC No. of other persons by unscrupulous/fly-by-night exporters-Instructions-Regarding
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Exporter genuineness verification required: specified documents must be filed before first exports through the port are permitted.
For exporters exporting through Tuticorin Port for the first time, at least three specified documents must be submitted to the Assessing Officer-examples include VAT/Sales Tax registration, a bank certificate confirming satisfactory account maintenance, past export details, balance sheet, or last tax return-to verify exporter genuineness; Clearing House Agents must assist under Regulation 13 and exports will be permitted once three documents are filed, effective immediately.
Using the IEC No. of other persons by unscrupulous importers-Instructions-Regarding.
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Importer genuineness checks required: first-time importers must submit verification documents before import, duties payable at port immediately.
Verification of the genuineness of any importer importing goods for the first time through the port is required. Importers must submit VAT/Sales Tax registration, a bank certificate confirming account details and signatures, proof of payment through the importer's account, the previous year's balance sheet, and the last income/VAT/Sales Tax return. Customs House Agents must assist; imports will be allowed on submission of these documents and payment of applicable duties. Request for relaxation may be made to the Additional Commissioner. This requirement takes effect immediately.
Introduction of derivative contracts on Volatility Index
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Volatility Index derivatives permitted subject to a one year index track record, robust risk management and specified submission requirements.
SEBI permits exchanges to introduce Volatility Index derivative contracts only if the underlying index has at least a one year track record and the exchange has an appropriate risk management framework; exchanges must submit contract specifications, position and exercise limits, margins, stated economic purpose, anticipated market development contribution, safeguards and risk protection mechanisms, infrastructure and surveillance details, settlement procedures, and one year of back testing of margin calculation using specified option deltas.
Fixation of new SION C 2047
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Standard Input Output Norms fixation adds SION C2047 for pre-sensitized aluminum plates with specified input allowances.
Fixation of a new SION C2047 adds a Standard Input Output Norm in the Handbook of Procedures (Vol.II) for pre-sensitized negative offset aluminum plates, listing permitted import items including litho aluminium sheet in coils and specified chemicals, fixing allowable input quantities relative to export product content, and permitting one input category within a capped proportion of FOB value of exports.
Implementation of Indian Customs EDI System 1.5 (ICES 1.5) at Air Cargo Complex, Ahmedabad -regarding
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Customs EDI migration to new ICES requires pre cutover submission of pending documents to avoid re entry after centralisation.
Migration of Air Cargo Complex, Ahmedabad to centrally hosted ICES 1.5 requires completion of all pending Service Centre submissions prior to the cut over; local server operations will cease at end of the cut over day and any documents not submitted or cash desk items not cleared will not be migrated and must be re entered. The new system centralizes document numbering, mandates electronic duty payment messaging with the designated bank, requires PAN based registration for CHAs filing exports, and maintains ICEGATE tracking with specified helpdesk support.
Brand Rate of Duty Drawback- Post Audit by the Board - regarding
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Brand Rate Duty Drawback post-audit: field formations retain audit responsibility; Board will no longer conduct post-audit reviews.
Field formations are directed not to send brand rate letters, applications or related documents to the Board for post-audit; they may continue to obtain pre- or post-audit scrutiny as per existing para 3(ix) procedures and must retain all records of brand rate fixation for Internal Audit and subsequent external audit review, while acknowledging receipt and reporting implementation difficulties to the Board.
Guidelines for market makers on Small and Medium Enterprise (SME) exchange/separate platform of existing exchange having nation wide terminal
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Market making obligations require continuous two-way quoting, guaranteed execution, capital adequacy and exchange monitoring for SME listings.
Market making on the SME exchange is mandatory for listed scrips and regulated through registration, operational obligations and exchange monitoring. Market Makers must meet exchange eligibility, commence quoting from listing/designation, provide continuous two-way quotes for a prescribed portion of trading time, guarantee execution at quoted price and quantity, maintain minimum quote depth, pre-notify blackout periods, and may be limited in number per scrip. Exchanges must publish Market Maker lists, link allowable coverage to capital adequacy, levy all margins without waiver, monitor compliance and impose disciplinary penalties. Exchanges shall prescribe maximum bid-ask spreads and may set price bands, with spreads for new issues disclosed in the offer document.
Procedure for issuing certificate/duplicate copy of Bill of Entry, in cases where the importers copy of EDI Bill of Entry is lost/misplaced/mutilated/destroyed- reg.
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Certificate for lost or mutilated EDI Bill of Entry: procedure for verification, indemnity and issuance for specific purposes.
Procedure prescribes a uniform process for issuance of a certificate where an importer's EDI Bill of Entry is lost, mutilated, misplaced or destroyed. If a bank copy is unavailable, the importer applies to the Assistant/Deputy Commissioner (Statistics) with bank correspondence and acknowledgement, police complaint for loss (not for mutilation), a notarized indemnity bond, and the mutilated BE if applicable. The Statistics T.A./S.T.A. verifies documents and EDI particulars, drafts a certificate for approval and issuance stating the specific purpose, and records details in a maintained register.
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 valuation revised, requiring AD Category I banks to adopt updated rupee conversion and notify constituents.
Revision of the rupee valuation of the special currency basket to Rs.60.897378 effective April 09, 2010, replacing the earlier value of Rs.63.0381 from March 11, 2010, and directing Authorised Dealer Category I banks to apply the revised conversion rate and notify their constituents. The circular is issued under FEMA sections 10(4) and 11(1) and does not affect other permissions or approvals required under any other law.
Import of sports weapons by 'Renowned Shooters'
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Import authorisation for sports weapons: direct regional authority licensing allowed after NRAI recommendation, bypassing prior ministry routing.
The procedure now allows renowned shooters to obtain import licences for sports weapons directly from Regional Authorities after obtaining a recommendation from the National Rifle Association of India. RAs must send applications to the Association for comments, issue licences following those comments, and then forward a copy of the issued licence to the Association. Once the Association's written recommendation is received, there is no need to obtain approval from DGFT Headquarters.
Procedure for verification and registration of Scrips issued under Chapter 3 of FTP like Served From India Scheme (SFISC), Vishesh Krishi and Gram Udyog Yojana (VKGUY), Target Plus Scheme (TPS), Focus Market Scheme (FMS) and Focus Product Scheme (FPS) – reg.
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Verification of reward scrips ensures export entitlement accuracy and triggers registration or escalation under customs procedure.
The procedure mandates multi-step verification of Chapter 3 FTP duty credit scrips: submission of original scrip, annexure and BRCs with TA (License) acknowledgement; Alert Register check; RLA confirmation of genuineness; crosschecking annexure against Customs EDI shipping bill/EGM data and BRCs to reconcile FOB values and admissible entitlements; registration in the EDI system with endorsement if no discrepancies; and escalation to DC/AC (License) where discrepancies arise, with an aim to register same day or by next working day upon RLA verification.
Service tax on Container Detention Charges - regarding
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Service tax on detention charges: not taxable when characterised as penal rent; pending cases to follow the clarification.
The Board examined representations that shipping lines' detention charges were being assessed under Business Support Service or Business Auxiliary Service and concluded that retention beyond the pre-holding period is neither a service on behalf of the client nor infrastructural support, but is properly characterised as penal rent; therefore detention charges are not chargeable to service tax and pending cases should be decided in accordance with this clarification.
Brand Rate of Duty Drawback - References received in the Board regarding old claims - regarding
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Brand Rate of Duty Drawback decentralization: references must be filed with the jurisdictional commissionerate with full documents.
The Board will no longer handle Brand Rate of Duty Drawback fixation cases; all references must be made to the jurisdictional Commissionerate of Central Excise with a complete set of documents, which will deal with applications on the basis of available records. Receipt must be acknowledged, Trade/Public Notices and Standing Orders issued to inform trade and guide field officers, and any implementation difficulties reported to the Board.
Execution of Power of Attorney (PoA) by the Client in favour of the Stock Broker/ Stock Broker and Depository Participant
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Power of Attorney limits: brokers may receive narrowly defined authority for settlement and client directed transfers, revocable by client.
Power of Attorney granted to a stock broker or combined stock broker and depository participant must be narrowly limited to specified securities transfers and pledges to meet margin and delivery obligations arising only from trades executed through the same broker, client directed subscription actions with audit trails, and transfers from client bank accounts strictly for settlement, margin, recovery of outstanding amounts from the same broker, subscription payments, and fees/charges; the PoA must identify specific client demat and bank accounts, be revocable at any time, executed in the registered entity's name, prohibit assignment, require joint holder execution, include return clauses for erroneously received assets, and forbid off market transfers and trading without client consent.

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