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Circulars
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Overseas Direct Investment – Liberalisation of Automatic Route
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Overseas direct investment automatic route liberalisation permits market purchases up to full net worth within overall investment limit.
The automatic route for overseas direct investment is liberalised to permit market purchases of foreign exchange for investment up to the investing company's full net worth; companies with a proven track record may invest by market purchases up to full net worth within the overall external investment ceiling in any bonafide business. Financial activities remain subject to Regulation 7, two tier investment prohibition continues, and entities on the Reserve Bank's caution/defaulter list remain ineligible for the automatic route.
External Commercial Borrowings (ECBs) – Prepayment
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Prepayment of External Commercial Borrowings: automatic-route prepayments from local resources now allowed without a monetary ceiling.
Authorised Dealers must permit remittances for prepayment of outstanding External Commercial Borrowings under the automatic route without any limit when prepayment is made from local resources or market purchases; prepayments from EEFC balances or fresh foreign equity inflows remain permissible without restriction. All other conditions of the earlier circular continue to apply, the facility is available until further notice subject to review, and the directions are issued under Section 10(4) and Section 11(1) of the Foreign Exchange Management Act, 1999.
Extracts - Addressing various proposal of theBudget 2003
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Service tax expansion broadens taxable services and tightens credit and filing rules, including retrospective validation.
Service tax proposals raise the rate and expand taxable services to specified education, technical, maintenance, commissioning, business promotion, internet cafe, franchise, port, automobile and FOREX brokerage services while excluding certain computer-enabled services; exemptions and credit rules are amended by withdrawing convertible-foreign-exchange exemption, extending hotel relief, limiting credit to paid services, and introducing retrospective validations and fresh-return requirements alongside statutory backing for prior administrative exemptions for select small-scale and trading entities.
Changes in excise, customs and service tax through Finance Bill, 2003
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Excise Rate Restructure expands Cenvat-creditable taxation and redefines manufacture, broadening the excise net and compliance duties.
A consolidated excise duty restructure establishes uniform ad valorem bands and extends Cenvat credit to many items formerly on a non-credit low rate, imposes new 8% duties on specified goods while exempting a defined list, and treats packing, labeling and repacking as manufacture; textiles face comprehensive rate and exemption changes to complete Cenvat chain and revise SSI coverage; valuation rules clarify price-cum-duty and place-of-removal concepts; retrospective amendments restrict diversion of input credit under certain exemption notifications and require revision and recovery of past assessments.
Changes in excise, customs and service tax through Finance Bill, 2003
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Excise and service tax reform restructures excise bands, expands service tax scope, and tightens cenvat and valuation rules.
The Finance Bill, 2003 restructures excise into consolidated ad valorem bands while retaining special treatments for tobacco and petroleum, imposes new and revised excise and specific duties (including temporary NCCD levies), and reforms textiles taxation by removing exemptions, withdrawing deemed credit and extending Cenvat through to garments. Service tax is proposed to rise and its scope broadened to multiple services with tightened credit and payment rules. Valuation rules and depot/place of removal definitions are clarified, monthly duty payment and default interest regimes are reformed, and retrospective amendments limit diversion of input credit and require revision and recovery of past benefits.
Addition/ Amendment in AEZs, data for DEPB rate fixation, certification of SEB for import of fuel
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SEB certification for captive power plant: documentary requirement introduced for Advance Licence under Duty Exemption Scheme.
Amendments revise the worksheet for computation of DEPB rates to clarify FOB/CIF and duty calculation steps, require a copy of permission under Section 44 of the Electricity (Supply) Act from the State Electricity Board for installation of captive power plants as a documentary condition for grant of an Advance Licence under the Duty Exemption Scheme (unless waived), and add specified products and districts to Appendix 15 listing of Agri Export Zones.
Valuation of goods under Section 4A of the Central Excise Act
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Valuation under Section 4A: returnable deposits not additional consideration when container cost is amortised and included in product.
Where the cost of reusable containers is amortised and included in the product price, returnable cash deposits or deposit of empty containers shall not be treated as additional consideration for valuation under Section 4A; if audit shows container cost was not amortised and included, the cash value of such deposits must be added to the MRP to re determine the assessable value.
Indo-Lao Credit Agreement dated November 6, 2002, for USD 10 Million
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Line of credit for export finance ensures majority reimbursement from India while importer pays a minority share in convertible currency.
The Government of India extended a line of credit to the Government of the Lao PDR to finance eligible imports of Indian capital goods, consultancy services and consumer durables. The credit covers 90 per cent of the f.o.b. value with the importer required to pay the remaining 10 per cent in freely convertible currency at L/C opening. Contracts require bilateral approval and submission to the Ministry of Finance; letters of credit must be opened by Lao banks, advised to the State Bank of India, and claims for reimbursement must be supported by a negotiating bank certificate confirming receipt of the importer's share.
Clarification in respect of Notification No. 13/2000-CE dated 01.03.2000 granting exemption of Central Excise Duty to "Integrated Steel Plant"
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Definition of Integrated Steel Plant includes ore concentrate, allowing exemption where manufacture starts from concentrated ore delivered to plant.
The circular clarifies that for the definition of "Integrated Steel Plant" under the exemption notification, the term "ore" includes "ore concentrate", thereby allowing plants that commence manufacture from washed or concentrated ore delivered to the premises to qualify for the excise exemption.
Procedure for filing supplementary DEPBs as per Public Notices 62 & 63
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Supplementary DEPB filing: revised-rate claims allowed with consolidated fee, portwise consolidation options, eligibility limited to original licence holders.
Supplementary DEPB claims allow exporters with shipping bills dated on or after 1 April 2002 to claim additional credit reflecting revised rates; fresh applications under Appendix 10C are permitted where no prior DEPB was sought, revised applications with differential fee where applied but not issued, and single supplementary DEPBs where licences were already issued. Only the original DEPB licence holder may apply; applicants may irrevocably opt to consolidate claims by DEPB type or port, pay a consolidated licence fee as per Appendix-29 with the application, file within the prescribed window, and receive supplementary DEPBs valid for twelve months.
Attempt to avail drawback by fictitious/non-existent companies - Regarding
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Duty drawback fraud exposes multiple fictitious exporters; investigations prompt warning to field officers to prevent recurrence.
Attempt to obtain duty drawback through fictitious/non-existent companies was detected by Delhi Preventive Customs; preliminary investigation found 27 of 38 examined entities to be fictitious, implicating Rs. 12.52 crores in drawback on Rs. 104 crores of exports. A list of the 27 companies was enclosed, further investigations are ongoing, and customs field officers are directed to circulate the modus operandi and strengthen verification and scrutiny of drawback claims.
Settlement of cases involving default in export obligation under Advance Licence/EPCG Schemes by Settlement Commission
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Settlement Commission jurisdiction limited; interest under foreign trade bond remains enforceable despite customs waivers.
Settlement Commission waivers under the Customs Act do not extinguish interest liabilities created by the Indemnity cum Guarantee Bond and licence conditions under the Foreign Trade (Development and Regulation) Act for EPCG/Advance Licences issued up to 31 3 1995. DGFT treats interest on duty saved for unfulfilled export obligation as independently recoverable, issues demand notices and BG forfeiture orders, and views non compliance as actionable under FT(D&R) Act; customs formations should notify the Settlement Commission of these facts to protect revenue.
Central Excise and Customs – Disposal of refund/rebate claims where Special Leave Petition/Civil Application along with stay application is pending at Supreme Court
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Implementation of High Court or Tribunal orders: Commissioners may grant refunds or release goods pending SLP absent a stay.
Jurisdictional Commissioners are authorized to grant refunds or release goods on merits where a Special Leave Petition or Civil Application is pending, unless a higher forum has granted a stay; the prior requirement for Board consultation is withdrawn, but Commissioners should pursue the Board for early disposal of stay applications in matters concerning the Supreme Court.
12/2003 - 21-02-2003 Companies Law
Alternative Basis for providing Depreciation under Section 205(2)(c) of the Companies Act, 1956.
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Depreciation method: companies must use straight line or written down value; unit-of-production method disallowed to prevent manipulation.
Companies must charge depreciation using either the Straight Line Method or the Written Down Value method; the Unit of Production method is disallowed. The Department reasons that depreciation represents loss of value over time, a concept not reliably captured by a production-based approach which can imply no depreciation in non-production years, extend asset life beyond the period underlying prescribed rates, and enable profit manipulation through estimated production and technical assumptions.
Removal of Budget Day restrictions for Budget 2003-04 - Regarding
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Removal of Budget Day trade restrictions permits normal import-export on Budget Day, subject to customs vigilance against misuse.
Removal of Budget Day restrictions allows importers and exporters to carry out import/export activities on the Budget Day as per law with immediate effect; the decision notes that upward duty revisions are exceptional and that previous restrictions imposed economic costs. Field formations are required to remain vigilant against misuse and notify trade and acknowledge receipt of the instruction.
Approval of Amendments to Bye Laws / Rules of Stock Exchanges and Depositories
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Amendment approval requirements: exchanges must supply objectives and board proceedings to obtain regulatory consent.
Applicants seeking approval for amendments to exchange and depository bye-laws and rules must provide the objective/purpose of the amendment, state any directive or guideline basis, identify consequential amendments to other provisions, and supply the governing board or council proceedings approving the change; documents other than bye-laws must be justified as part of a rule. Requests to waive pre-publication require a justification of urgency showing how public interest or trade interest is served to enable prompt regulatory disposal.
Hand pallet Trucks / Trolley - Classification under heading 84.27
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Classification under heading 87.16 affirmed; protective demands limited to the specific litigant pending final judicial decision.
Hand pallet trucks and similar trolleys are to be classified under heading 87.16; the Board will appeal the adverse tribunal view. Protective demands are to be raised and kept alive only for the specific litigant with the divergent tribunal decision pending final judicial determination, while demands for other parties may proceed and be adjudicated within the normal limitation period under Central Excise law.
Amendments in the provisions pertaining to newcomers, amendments/ additions in agencies under Appendix 28 A and 35B
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Newcomer status clarified: qualifying domestic manufacturing companies exempted from newcomer classification subject to compliance and licensing conditions.
Certain domestic manufacturing companies (excluding proprietorships and partnerships) will not be treated as newcomers if registered with Central Excise and State sales tax authorities (and having paid duties/taxes unless exempted), furnish audited balance sheets, and meet the minimum plant and machinery investment threshold. When these conditions are satisfied, the licensing authority shall endorse export licences to require bond or bank guarantee as per Department of Revenue terms; the change has retrospective effect.
Procedure for filing Supplementary DEPBs as per DGFT Public Notices 62 and 63
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Supplementary DEPB filing requires manual applications with verified export details and corrections for issuance within seven days.
Applicants must submit manual supplementary DEPB applications in the prescribed format at Advance licensing/FAS counters, verify DEPB details on the office website against their documents, disclose any discrepancies in a file wise covering letter so the office can correct records, and the office will issue corrected supplementary DEPBs promptly, targeting issuance within seven days of submission.
Streamlining of the procedure for licensing under para 4.7 of Handbook of Procedures Vol. 1 2002-2007
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Advance licence issuance streamlined to allow RLA grant pending technical ratification, with amendment and duty recovery mechanisms enforced.
Permits RLAs to issue Advance Licences where SIONs are not fixed, contingent on submission of Appendix 10B in seven sets plus a technical Check Sheet; RLAs must forward specified sets and licence copies to ALC. If ALC ratifies, the position is communicated; if ALC modifies, RLAs recall licences, obtain import statements, amend licences, require deposit of customs duty with interest for excess imports and may initiate recovery action or deny future licences for non compliance. Aggrieved licensees may represent to ALC within the prescribed period for review.

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