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Circulars
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Exchange Earner's Foreign Currency (EEFC) Account .
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EEFC retention limit reduced; existing balances partly converted and future forex access conditioned on exhausting EEFC funds.
Circular requires conversion of half of existing EEFC balances into rupee accounts within a short timeframe with compliance reporting; limits future retention in non interest EEFC accounts to half of forex receipts while the remainder must be surrendered for conversion; obliges utilisation of EEFC balances before purchasing additional foreign exchange and extends these rules to Resident Foreign Currency and Diamond Dollar accounts.
Risk Management and Inter Bank Dealings.
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Intraday open position limits: authorised dealers permitted expanded daylight limits for rupee-involving positions under FEMA guidance.
The Reserve Bank prescribes that the intra-day open position / daylight limit of Authorised Dealer Category I banks for positions involving the Rupee shall be the greater of five times the Net Overnight Open Position Limit available to them, or the existing intra-day limit approved by the Reserve Bank; the direction replaces the earlier cap tied to the erstwhile Net Overnight Open Position Limit and is issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999, without prejudice to other statutory permissions.
SION for new product “Tubular Bags (Gauntlet)” under Textiles Product Group.
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SION notification for Tubular Bags creates import-content requirement of high tenacity polyester yarn for exports.
A SION notification (entry J-375) for Tubular Bags (Gauntlet) in the Textiles Product Group prescribes that exports of Tubular Bags made from High Tenacity Polyester Filament Yarn require a corresponding quantity of High Tenacity Polyester Filament Yarn as the identified import input. The notice creates a SION where none existed previously and records the operative product description, the input material, and the applicable input norm for export compliance.
08/2012 - 10-05-2012 Companies Law
Filing of Cost Audit Report (Form-I) and Compliance Report (Form-A) in the eXensible Business Reporting Language (XBRL) mode.
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XBRL filing requirement: Cost audit and compliance reports must be filed in XBRL format under the prescribed taxonomy.
The Ministry mandates that Cost Audit Reports (Form-I) and Compliance Reports (Form-A), including overdue reports, be filed by cost auditors and companies in XBRL mode using a prescribed taxonomy developed for the Form-I and Form-A formats, and that such reports be filed with the Central Government after the specified implementation date when the relevant taxonomy and XBRL formats are notified.
Additional conditions for obtaining cotton RC’s.
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Cotton registration conditions require specified advance payment evidence and timely hard copy submission after email application.
Issuance of cotton Registration Certificates is subject to a maximum quantity per application; emails exceeding that limit will be rejected. Email applications must state the letter of credit or FIRC with instrument number and date in the message body. After emailing, applicants must submit a hard copy of the application and a printout of the email to the Regional Authority within two working days. Multiple emails are prohibited; an acknowledgement will be sent on receipt and submissions from other email ids are discouraged.
Risk Management and Inter Bank Dealings.
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Use of FCNR(B) funds permitted for resident loans for foreign exchange needs or hedged rupee working capital.
FCNR(B) deposit liabilities may be used by Authorised Dealer Category I banks to make loans to resident constituents for foreign exchange requirements or for rupee working capital/capital expenditure of exporters or corporates that have a natural hedge or a risk management policy, subject to prevailing prudential and interest rate norms, credit discipline and credit monitoring guidelines.
Anti-dumping duty Notification No. 124/2007, dated 31-12-2007 - Classification of Stainless Steel Circles of Width below 600 mm, under Chapter 72.20.
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Anti-dumping duty scope limited to cold-rolled flat stainless steel meeting the specified width; smaller circles excluded from duty.
Anti dumping duty under Notification No. 14/2010 applies only to cold rolled flat stainless steel products meeting the product description adopted in the investigation-specifically those of the prescribed minimum width and not further worked than cold rolled. Tariff classification cited in the notification is only indicative; stainless steel circles below the prescribed width, even if classifiable under the same chapter, do not attract the anti dumping duty. Field formations are to apply this width based criterion and decide pending disputes accordingly.
Clarification on Rate of Tax - regarding.
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Service tax rate restored; payments made on or after the effective date determine the applicable tax rate.
Clarification states that the service tax rate applicable is the rate prevailing on the date the point of taxation occurs; for the eight specified services under Rule 7 and for services on which tax is payable under the reverse charge mechanism the point of taxation is the date of payment. Payments received or made on or after the effective date attract the restored rate. Invoices issued before the effective date may be supplemented to recover the differential, and Cenvat credit may be availed on supplementary invoices and tax payment challans subject to Cenvat Credit Rules, 2004.
Enforcement of Intellectual Property Rights on imported goods - Clarification on the issue of parallel imports – regarding.
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Parallel imports: permissibility determined under parent IPR statutes and Customs notification, applying nodal ministry clarifications.
Customs must determine whether imported consignments infringe intellectual property rights by applying the relevant provisions of the parent IPR statutes and Notification No.51/2010-Customs(N.T.); parallel imports are to be decided using those statutory provisions and nodal ministry clarifications, noting that patents permit parallel imports, trademarks allow further dealing in lawfully acquired goods not materially altered, designs do not allow parallel imports, geographical indications contain no parallel import provision, and copyright guidance is pending.
Foreign investment in Commodity Exchanges and NBFC Sector - Amendment to the Foreign Direct Investment (FDI) Scheme.
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Foreign investment in commodity exchanges: government approval required only for FDI component; registered FIIs exempt.
Government prior approval is required only for the FDI component in commodity exchanges; registered FIIs may invest in commodity exchanges without Government approval, with other existing composite ceiling conditions remaining unchanged. For NBFC leasing and finance activity, FDI up to 100 per cent under the automatic route remains subject to minimum capitalisation, and FDI is permitted only for financial leasing, not operating leasing.
Foreign Direct Investment (FDI) in India - Issue of equity shares under the FDI scheme allowed under the Government route.
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Conversion of imported second-hand machinery excluded from government route FDI equity issuance, other conditions remain in force.
Conversion of imported second-hand machinery is excluded from eligibility for issuance of equity or preference shares under the Government route for FDI, while all other terms of the earlier A.P. (DIR Series) Circulars remain unchanged. Authorised Dealer Category I banks must notify customers; amendments to the FEMA (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000 will follow. Directions are issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 and are without prejudice to other statutory permissions.
Procedure for obtaining cotton RC’s.
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Cotton registration procedure requires pre-filing email, hard-copy application and permits split RCs within overall entitlement.
Applications for registration of raw cotton export contracts must be filed at designated Regional Authorities after a pre-filing e-mail to [email protected] with specified subject details; a printout of that e-mail must accompany the hard-copy application in the proforma under Notification No.63. Split Registration Certificates are permitted for multiple ports or buyers provided the aggregate quantity stays within the applicant's entitlement, and all split RCs are treated together as the applicant's single RC.
Constitutes an "Apex Advisory Committee" headed by Commissioner, Value Added Tax and ten "Zonal Advisory Committees" headed by Joint/Additional Commissioners
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Establishment of Apex and Zonal advisory committees to advise on VAT administration, simplification, and zone level compliance.
Constitutes an Apex Advisory Committee chaired by the Commissioner, Value Added Tax, and ten Zonal Advisory Committees chaired by Joint/Additional Commissioners to advise on VAT law administration, simplify rules and procedures, suggest implementation measures, and meet quarterly; the Apex body comprises nineteen members from departmental, professional and trade constituencies, while each Zonal Committee of eleven members addresses zone specific trade issues, remedial measures, compliance promotion and referrals to the Apex Committee.
External Commercial Borrowings (ECB) Policy - Utilization of ECB proceeds for Rupee expenditure.
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ECB proceeds repatriation required: borrowers and authorised dealers must repatriate rupee use ECB funds to India or face FEMA penalties.
Borrowers must provide a bifurcation of ECB proceeds between foreign currency and Rupee expenditure in Form 83 at the time of obtaining a Loan Registration Number, and must repatriate ECB proceeds intended for Rupee expenditure to India for credit to their Rupee accounts with Authorised Dealer Category I banks; designated AD banks must ensure immediate repatriation after drawdown, and contraventions will attract penal action under the Foreign Exchange Management Act.
Release of Foreign Exchange for Miscellaneous Remittances.
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Release of foreign exchange: simplified documentation for current account remittances permitted up to a raised threshold.
Authorised Dealers may release foreign exchange for permissible current account remittances on the basis of a simple letter stating applicant and beneficiary details, amount and purpose, without obtaining supporting documents including Form A-2, where payment is by cheque or demand draft and the remittance falls within the revised documentation-free threshold; AD banks must prepare dummy A-2 records for Balance of Payments reporting, and the directions are issued under Sections 10(4) and 11(1) of FEMA, 1999.
Transfer of Funds from Non-Resident Ordinary (NRO) account to Non- Resident External (NRE) Account.
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Repatriation of NRO funds permitted: transfers to NRE accounts allowed within annual ceiling, subject to applicable tax.
NRIs, as defined in the Deposit Regulations, may transfer repatriable funds from NRO to NRE accounts within the overall annual ceiling, subject to payment of applicable taxes; such credits shall be treated as eligible credits under the Schedule provisions of the Deposit Regulations.
Indo – China Border Trade.
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Indo China border trade item additions expand permitted import and export lists while preserving land customs station limits.
Five import items (readymade garments, shoes, quilts/blankets, carpets, local herbal medicine) and seven export items (processed food, flowers, fruits and spices, specified religious products, readymade garments, handicraft and handloom products, local herbal medicine) are added to the consolidated list of tradable goods under the Indo China Border Trade. All other provisions of earlier public notices remain unaltered and trade continues to be permitted only through the existing land customs stations specified in prior notifications.
Online issue of central declaration forms.
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Online issue of central declaration forms requires dealers to update profile and submit accurate data for automated processing.
The Department will issue central declaration forms via an automated online application that processes dealer requisitions solely using database information; dealers must update specified profile details (items dealt, out of territory branches, Principal/Consignment Agent for F form transactions). Information submitted will be accepted without verification for effect from 01/04/2012, while amendments effective earlier must follow the pre existing amendment procedure.
Exim Bank's Line of Credit of USD 382.37 million to the Government of the Democratic Socialist Republic of Sri Lanka.
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Line of Credit for export finance requires majority Indian sourcing and specific LC and disbursement timelines under FEMA.
A Line of Credit from Export-Import Bank of India finances exports of eligible goods and consultancy services for specified railway projects and mutually approved contracts in Sri Lanka, requiring at least 75% of contract value to be supplied from India and permitting up to 25% of non-consultancy goods to be procured abroad; Letters of Credit and disbursement timings differ for project and supply contracts and shipments must be declared on GR/SDF forms in accordance with Reserve Bank instructions.
Exim Bank's Line of Credit of USD 70 million to the Government of the Republic of Congo.
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Line of Credit for rural electrification: financing mandates majority India-sourced supplies and prescribed disbursement timelines.
Exim Bank's Line of Credit to the Republic of Congo finances eligible exports for a Rural Electrification Project, requiring at least 75 per cent of contract value to be supplied from India with up to 25 per cent of non-consultancy goods and services allowed from outside India; the Credit Agreement fixes the effective date and separate last dates for opening Letters of Credit and disbursement for project exports and supply contracts.

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Acts Income Tax