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Circulars
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Amendments In the Annex to the FDI policy notified vide Press Note 4 (2006 series) dated 10.2.2006
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FDI entry rules updated: telecom infrastructure category clarified, conditional approval thresholds, mandatory post listing divestment and licensing obligations apply.
The amendment classifies ISP without gateway and electronic mail and voice mail separately and adds infrastructure provider Category-I (dark fibre, right of way, duct space, tower), retains an overall FDI cap with automatic entry up to a primary threshold and government approval beyond that threshold, imposes a post listing divestment obligation to transfer specified equity to the Indian public within a fixed period, and maintains applicable licensing and security requirements.
Implementation of Special Economic Zone Act, 2005 and Special Economic Zone Rules, 2006
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Export characterization of DTA supplies to SEZs requires ARE 1/Bill of Export and proof for duty exemption.
Procurement from DTA by SEZ units and developers is governed by Rule 30 of the SEZ Rules, 2006: movements to SEZ must be on ARE 1 (or ARE 1 plus Bill of Export where entitlements are claimed) and against a general Bond or Letter of Undertaking furnished by the DTA supplier. The Domestic Procurement Certificate requirement is dispensed with. Proof of admittance into the SEZ must be furnished by the authorised customs officer within the prescribed period, failing which duty is to be demanded from the DTA supplier, who remains liable for duty, penalty and interest in cases of loss, diversion or fraudulent proof.
Mandatory e-Payment of Service tax by large taxpayers : Proposed interim Accounting arrangement for e-Payment collection- reg.
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Mandatory electronic payment of service tax - designated bank approved to collect e-payments for all service tax commissionerates.
Mandatory electronic payment of service tax by large taxpayers is implemented with an interim accounting arrangement: a designated bank has been approved to collect indirect taxes electronically and is authorized to accept e-payments for all Service Tax Commissionerates, creating a centralized e-payment collection channel and corresponding interim accounting procedures; trade associations are asked to publicize the facility to their members.
Exemption from customs duty under Section 25(2) of the Customs Act, 1962 and guidelines thereof under Circular No. 49/2003 dated 10.06.2003 - Import by Government bodies
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Customs duty exemption for government imports clarified; follow circular guidelines and report implementation difficulties.
The notice reiterates that government imports qualify for a customs duty exemption under the Customs Act subject to the procedural conditions and documentation set out in the referenced circulars; importers and intermediaries must apply the circular's instructions and report any implementation difficulties to the customs commissioner while trade associations and agents are required to disseminate the guidance among their members.
Valuation of MS and HSD sold amongst OMCs - MOU -regarding
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Transaction value under Section 4: MOU prices between oil companies treated as arms length for excise valuation.
Inter PSU transfers of motor spirit and high speed diesel executed under mutually agreed MOUs are to be valued for central excise on the basis of the MOU price, which represents the transaction value under Section 4; pending and future assessments should follow the Tribunal ruling upholding MOU prices, subject to verification of the factual matrix of each case.
Warehousing – Charging of interest on warehoused goods – Clarification thereto – regarding –
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Amendment non-retroactivity: changed warehousing conditions do not apply to goods warehoused before amendment, per departmental clarification.
An amendment to the Customs Act altering the terms under which goods remain warehoused shall not apply to the goods warehoused prior to the amendment; earlier Board instructions based on a Law Ministry advisory are modified to this extent following acceptance of High Court interpretations that the reduced warehousing period is not retrospective.
Safeguards to address the concerns of the investors on transfer of securities in dematerialized mode
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Delivery Instruction Slip controls tightening to prevent unauthorized transfers; enhanced DP verification and issuance limits mandated.
Safeguards require controls on Delivery Instruction Slips (DIS) and depositor-depository procedures to prevent unauthorized transfers from Beneficial Owner accounts. DPs must not accept pre-signed or blank DIS, must limit booklet and loose DIS issuance, cancel slips when loss is reported, and issue new booklets only after substantial use or validated loss. DPs must verify signatures, record verification details on instruction slips, and cross-check with BOs for transfers that move all ISIN balances from inactive accounts or multiple ISINs from active accounts. Depositories must amend rules, notify DPs, monitor compliance and report implementation.
Establishment of Connectivity with both NSDL and CDSL – Companies eligible for shifting from Trade for Trade Segment (TFTS) to Rolling Segment
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Dematerialisation requirement enables shift from Trade-for-Trade to rolling settlement upon prescribed non promoter dematerialisation and certification.
Establishment of connectivity with both depositories permits shifting securities from the Trade for Trade Segment to rolling settlement provided prescribed levels of non promoter holdings are held in dematerialised form and certified by the Registrar and Transfer Agent or, if no separate RTA exists, by a practising Company Secretary or Chartered Accountant; shifting must not occur where other grounds justify continuation in Trade for Trade. Stock exchanges must report actions taken in the Monthly/Quarterly Development Report (Section II, item no. 13).
SEBI (Foreign Institutional Investors) (Amendment) Regulations 2007
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FII regulatory amendment notifies revised compliance and procedural framework for foreign institutional investors; circular attaches the notification.
Amendment to SEBI (Foreign Institutional Investors) Regulations communicates a regulatory change affecting foreign institutional investors and custodians, transmits the official gazette notification as an annexure, makes the amendment text available on the regulator's website, and directs recipients to take necessary action under the revised regulatory framework.
Dispense with practice for recovery of revenue deposit of Rs. 3000/- u/s. 42 of the Customs Act, 1962- regarding.-
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Security deposit under Customs Act may be dispensed; officers must ensure statutory departure conditions and recover dues.
The Board directs discontinuance of the routine collection of small security deposits from foreign and coastal vessels as a trade facilitation measure, relying instead on recovery of duty, charges and penalties through existing statutory recovery and attachment mechanisms; proper officers must still ensure compliance with Section 42 conditions before permitting a conveyance to depart.
The Produce Cess Laws (Abolition) Act, 2006-reg.
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Abolition of produce cess laws ends export cess requirement for covered commodities; exporters exempt from paying cess.
The Produce Cess Laws (Abolition) Act repeals the Agricultural Produce Cess Act, 1940 and the Produce Cess Act, 1966 subject to specified savings; exporters need not pay cess on exports of commodities formerly covered by those Acts and trade stakeholders are directed to note the repeal and resulting exemption.
Dispensing with Verification of DEPBs at EDI ports in the light of Electronic Transmission of Shipping Bills and DEPBs.
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Electronic transmission of DEPBs removes port verification requirement, with online validation and DEPB number required on bill of entry.
Electronic transmission of shipping bills and DEPBs exempts such DEPBs from Customs verification at EDI ports; DEPBs received online will be subject to prescribed electronic validation and made available on the portal. Temporarily, importers must present hard copies to the designated officer until procedures stabilise. For online DEPBs the DEPB number must be quoted on the bill of entry for duty payment. Commissioners shall implement the instructions from a specified date in consultation with the Directorate General of Systems; the prior procedure remains for DEPBs issued before that date and for manually received DEPBs at non-EDI stations.
Exemption from customs duty under Section 25(2) of the Customs Act, 1962 and guidelines thereof under Circular no.49/2003 dated 10th June 2003- import by Government bodies- regarding/-
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Customs duty exemption limited: ad-hoc relief only for narrow security, defence, or disaster imports; budgetary provision required.
Ad-hoc customs duty exemptions are limited to narrowly defined cases: secret or strategic government imports; defence and defence R&D imports; and, only in exceptional unforeseeable security situations, police and para-military equipment when no budget provision for duty could be made. Customs duty is not dispensable; routine functional imports and project-related imports by governments, autonomous bodies, municipalities, or public undertakings must be funded through their budgets. Relief and rehabilitation imports in unforeseen disasters are an exception and will be considered on merits. Ministries are directed not to forward inappropriate exemption requests.
Amendments/additions/deletions/corrections in the Handbook of Procedures Vol. 2, 2004-2009
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Standard Input Output Norms updated to amend import item descriptions, units of measure and input norms for specified products.
Amendments to the Handbook of Procedures (Vol.2) modify specific Standard Input Output Norms (SION) entries by adding import items, correcting import-item descriptions (e.g., to "Acetic Acid Glacial/Acetic Acid"), correcting a chemical name to "Parabenzoquinone", changing Chlorine units from kg to MT, and revising input norms for Aluminium Metallized BOPP Film to specify permitted alternative inputs and quantities.
Execution of Bonds and guarantees - regarding
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Execution and attestation of bonds: ensure proper signing and independent witnessing to validate bond obligations.
Execution requires signing, sealing and delivery as the formal completion of a deed; attestation means a witness signs after seeing the executant execute or after receiving personal acknowledgment. A party to the instrument cannot serve as attesting witness. Administrative requirement: bonds and guarantees must be properly signed and attested, with executants and witnesses being distinct persons to prevent disputes over surety liability.
Testing of samples in case of goods for which benefit of Dbk sub. sl. No. 732301 is claimed. – m/r.
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Testing requirement for stainless steel exports: exporters must provide sample test reports to obtain nickel-content dependent drawback.
Exporters claiming drawback under sub. sl. No. 732301 for stainless steel household articles must submit analytical test reports at assessment or examination because drawback varies with nickel content; proof of submission for factory-drawn samples must be shown to staff, and exporters must cooperate with sample drawal in dock stuffing. Assessing and export-shed staff will require test reports and issue proper examination orders; drawback benefit will not be allowed without constituent analysis.
Repayment of 8 per cent Relief Bonds, 2002
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Relief bond repayment procedures require investor notice, no post maturity interest, strict payment and reporting controls.
Designated agency branches must notify holders in advance of individual bond maturities, ensure compliance with the investor investment limit and recovery of interest on excess investments, and inform investors that post maturity interest does not accrue. Discharge may be effected by COH or a prescribed stamped receipt, with PAN/Form 60 required where repayments exceed the threshold. Payments must be made by the branch maintaining the BLA, recorded and authenticated in the BLA, with principal and interest accounted separately. Monthly reporting to the Controller of Accounts and PDO is required; reimbursement claims to CAS Nagpur must be electronic, digitally signed, auditor certified, and reconciled with submitted details.
Forward cover for Foreign Institutional Investors – Rebooking of cancelled contracts
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Rebooking of cancelled forward contracts: FIIs may rebook a capped portion tied to portfolio market value with mandated reporting.
AD Category I banks may allow FIIs to cancel and rebook forward contracts up to a limit of 2 per cent of the market value of their entire investment in India, with eligibility based on portfolio market value at the beginning of the financial year. Outstanding and rebooked contracts must be supported by underlying exposure; total forward cover must not exceed portfolio market value. Banks must monitor forward cover fortnightly and report using a revised format; other Schedule II instructions remain unchanged.
Amendment in Appendix - 37D of the Handbook of Procedures (Vol. I)
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Focus Product Scheme expands to include value added coir products, making listed coir items eligible for scheme benefits.
Amendment to Appendix 37D of the Handbook of Procedures (Vol. I) adds a category of value added coir products to the list of items qualifying for benefits under the Focus Product Scheme. The public notice lists specific ITC (HS) codes and item descriptions-covering coir bristle and mattress fibre, curled/machine twisted fibre, processed coir pith in value added forms, mechanically/manual produced fibre, coir yarn, woven geotextiles of coir, coir cordage and ropes, and other coir products-thereby incorporating these items into the Appendix for scheme eligibility.
Amendment in Public Notice No. 57(RE-2006)/2004-2009 dated 25.9.2006
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Preferential white sugar quota allocation for EU from free sale portions under Foreign Trade Policy takes immediate effect.
Using powers under Paragraphs 2.1, 2.4 and 2.29 of the Foreign Trade Policy, 2004-2009, the Directorate General of Foreign Trade allocates specified quantities of white sugar from the free sale portions of the 2005-06 and 2006-07 seasons for export to the EU as a preferential white sugar quota for 2006-07, amending Paragraph 1 of Public Notice No.57(RE-2006)/2004-2009 with immediate effect.

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