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Circulars
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Procedural differences in LLP F.O. Portal from MCA 21 should be available on website to avoid the problem of users
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Digital signature requirement: USB token signatures mandatory for LLP filings and designated Partner user IDs must file specific forms.
LLP portal filings require creation of a Business User ID with an uploaded DSC; one designated partner must upload a DSC for incorporation while other designated partners may file Form 7 from their own IDs without DSC. Form 7 must be filed from the respective designated partner's ID; Forms 1 and 2 must be filed from the same designated partner's ID. The system forbids use of multiple Business User IDs by one person and blocks Form 2 if different IDs are used. Form 2 is permitted only after approval of Forms 7 and 1. USB token digital signatures are mandatory and professionals must not file using their own IDs for clients.
Regarding imports of goods under Chapter 84 of ITC (HS) and the requirement of compliance to Chapter 87 Import License Notes.
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Import licensing applicability: licensing notes for chapter eighty-seven do not apply to machines classified under chapter eighty-four.
Licensing Notes No.1 and No.2 of the vehicle chapter do not apply to goods such as reach stackers and forklifts that are classifiable under the machinery chapter, since those items are machines and equipment and should be classified and regulated under the machinery chapter rather than under the vehicle chapter's import licensing notes.
Leviability of Service Tax on the Flying Training School and Aircraft Maintenance Engineering Institutes - reg.
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Commercial training or coaching service: flying and maintenance institutes taxable as courses are not statutorily recognized.
Commercial training or coaching service applied to flying training schools and aircraft maintenance engineering institutes is taxable because their courses and certificates are not "recognized by law" in the statutory sense; DGCA approval or reliance on training for licensing does not amount to statutory recognition, and amendments and notifications narrowing exemptions exclude these institutes from relief.
Procedure for disposal/removal of packing material, nylon/metal strips, wooden plastic pallets/material from CFSs reg.
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Disposal procedure for unserviceable packing material requires dock authority permission and regulatory NOC before removal from CFSs.
Procedure mandates that CFSs apply to dock authorities to verify and obtain permission for removal of unserviceable packing materials left by importers or exporters; dock authority permission is conditional on a no objection certificate from competent regulatory authorities where required, and gate personnel will allow removal after prescribed checks and verifications.
Introduction of Biometric Smart Cards-reg.
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Biometric smart cards replacing magnetic Customs passes to secure identification and require revalidation on detail changes.
Introduction of a Biometric Smart Cards regime for Custom House Agents, their employees and self-operating importer/exporter representatives to replace magnetic-strip Customs passes; cards will embed digitally encoded individual and firm information in an electronic chip, require revalidation on detail changes, and will be issued after photography and particulars verification through a phased substitution process requiring inventory, return of existing passes, and submission of pass statements to the department.
24/2011 - 11-05-2011 Companies Law
Loan to Public Limited Companies under Section 295 of the Companies Act, 1956
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Central government approval under Section 295 should be sought only when the specified subsections apply.
Approval for loans, guarantees or securities to Public Limited Companies is required from the Central Government only where sub section (d) or (e) of section 295 of the Companies Act, 1956 applies. Companies should not seek prior approval for transactions that do not fall under those sub sections, and any application must clearly state the facts showing that the provisions are attracted.
Regarding Monthly Technical Reports both Customs and (Central Excise and Service Tax) Annexures on litigation matters – revisions
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Revisions to monthly litigation report annexures issued to standardise Customs and Central Excise & Service Tax reporting procedures.
The circular prescribes revisions to the annexures of the Monthly Technical Reports for litigation matters concerning Customs and Central Excise & Service Tax, directing all Chief Commissioners, Director Generals, Commissioners, the appellate tribunal registry, and the Directorate of Legal Affairs to adopt the updated reporting format and content to standardise monthly departmental litigation reporting.
Clarification regarding Short Term Accommodation Service and Restaurant Service
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Service tax scope for short-term accommodation and specified restaurants clarified; taxable value rules and applicability outlined.
Clarifies valuation and scope for service tax on Short Term Accommodation Service and Restaurant Service: declared tariff (including amenities but excluding discounts) determines liability while tax is charged on the actual amount collected after discounts; separate tariffs permitted for intelligible customer classes; declared tariff including food is taxable unless food is billed separately; seasonal tariff revisions must be uniform and declared; state luxury tax and VAT excluded from taxable value. For restaurants, tax applies only where premises are air-conditioned and licensed to serve alcohol; clearly demarcated outlets not meeting both criteria are not taxable; extensions of the restaurant are taxable; room service billed separately is not taxable under either head.
Regarding import of liquid bulk cargo and storage of the same in Bonded Warehouse outside the port area by transporting through pipeline.
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Unloading of liquid bulk cargo into bonded warehouse via pipeline allowed with prior customs permission and compliance.
Direct discharge of imported liquid bulk cargo into bonded storage tanks outside the port via pipeline may be allowed under Section 33 provided the cargo is liquid bulk, the receiving premises are a bonded warehouse, prior permission of the proper officer is obtained before unloading, all Customs Act requirements are met, and where tanks lie outside the port Commissioner's jurisdiction concurrence of the local Commissioner is obtained with necessary safeguards; clearance for home consumption remains subject to customs requirements.
Appointment of Common Adjudicating Authority
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Assignment of Show Cause Notices: DRI-issued notices referred to Commissioner of Customs (Adjudication) for adjudication.
The Board, invoking powers under the Customs Act notification, assigns two show cause notices issued by the Directorate of Revenue Intelligence, Chennai Zonal Unit - against M/s Starwin Tex and M/s S & H Inc., Coimbatore - to the Commissioner of Customs (Adjudication), Chennai for adjudication, and directs service of the order to the DRI headquarters, the Chennai Zonal Unit, the Chief Commissioner of Central Excise, Coimbatore Zone, and the Board webmaster.
Setting up of ACES Certified Facilitation Centres (CFCs)
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ACES Certified Facilitation Centres enable authorized members to perform ACES filings on behalf of taxpayers for prescribed fees.
CBEC and the professional institutes will permit eligible members holding Certificates of Practice to establish ACES Certified Facilitation Centres (CFCs) to assist taxpayers lacking IT resources. CFCs may provide digitization and online filing/uploading of registration applications, returns, claims, permissions and intimations within ACES, and may perform all ACES functions on behalf of taxpayers who authorize them, in return for prescribed service charges.
Foreign Exchange Management Act, 1999 – Import of rough, cut and polished diamonds
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Import credit limit for rough diamonds restricted to short-term usance from shipment, with mandatory KYC and AML compliance.
Suppliers' and Buyers' credit, including the usance period of Letters of Credit for import of rough, cut and polished diamonds, is limited to a short-term period from the date of shipment, effective immediately; AD Category I banks must undertake due diligence and comply with KYC and AML standards and closely examine any large or abnormal increases in business to ensure bona fides, while existing related import instructions remain applicable.
Representation by Jaiprakash Associates Limited, Noida, in terms of Judgement dated 14.02.2011 in W.P. No. 7705 of 2008 - Works Contract service in respect of construction of Dams, Tunnels, Road, Bridges etc
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Classification of subcontractor services: specifically described services prevail and remain taxable even when used as input to works contracts.
Classification of subcontractor services to a works contract provider must follow the statutory rule that a specifically described service takes precedence over a generic works contract description; subcontractor services such as architect, consulting engineer, construction of complex, design, erection and commissioning, management, maintenance or repair are classifiable under their respective descriptive heads and remain chargeable to service tax even when used as input services by an exempt works contract provider.
Mention of correct description in the Shipping Bill
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Accurate product description required in shipping bills to ensure correct classification, valuation and faster export clearance.
Exporters and CHAs must provide accurate, specific descriptions in invoices and Shipping Bills-replacing generic schedule wording-with GSM for each fabric type, separate quantity and value declarations for different fabrics (except combined valuation permitted for defined sets), separate declarations for embroidered and non embroidered portions, and relevant RITC/Drawback/DEPB serial numbers for incentive claims; garments require specific item and composition descriptions but not GSM. Assessing officers will verify compliance; AC/DC may accept declared descriptions when genuine difficulties exist.
Seeking comments on relaxation of conditions for Project Visa and Employment Visa for SEZ.
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Employment visa salary threshold may be relaxed for specialist foreign employees in SEZs to facilitate increased FDI.
The Department proposes exempting a limited number of specialist foreign employees of SEZ units bringing substantial FDI from the existing Employment visa salary threshold, noting Project visas lack such a stipulation; it requests industry consultation and stakeholder views to shape a proposal for the Ministry of Home Affairs.
Regarding manual filing and processing of bills of entry / shipping bills - stringent checks required to prevent misuse
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Manual processing restrictions require exceptional authorization and compulsory data entry, with senior-officer monitoring to prevent misuse.
Manual clearance is permitted only in exceptional cases not amenable to EDI and must be authorized by a Joint/Additional Commissioner and monitored by the Commissioner. Data for manual documents must be entered and transmitted within stipulated timeframes at all locations, with an Assistant/Deputy Commissioner nominated to oversee data entry, transmission and quality; the facility should be withdrawn once EDI is possible and noncompliance will have revenue-related consequences.
Instructions regarding Project Imports Regulations, 1986 (PIR)
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Project import finalization timeframe: complete assessments within prescribed time limit, with commissioner-approved extensions and monitoring.
Assessments under the Project Imports Regulations must be finalized within a prescribed time after submission of required documents, with the jurisdictional Commissioner able to extend the period for recorded reasons; bank guarantees must be maintained until finalization where documents are outstanding. Non-submission of reconciliation statements or prescribed documents under Regulation 7 may trigger enforcement of bonds, cash security or bank guarantees, adjudication for duty demand and penalty. Provisionally assessed Bills of Entry at ports other than the registration port must be finally assessed without delay. Plant Site Verification and Chartered Engineer certificates are required to confirm installation and use. Commissioners must maintain records, monitor pendency, and submit monthly and quarterly reports through prescribed formats to enable centralized oversight.
Compliance of DGFT Notification No.44 (RE-2000)/1997-2002 dt. 24.11.2000- Labeling of goods in bond prior to Ex-bond clearance
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Labeling in bonded warehouses permitted for impractical-to-label imports, subject to warehousing entry, 100% ex-bond inspection and warehouse regulations.
Labeling required by DGFT Notification No.44 may be conducted in bonded warehouses where port/CFS labeling is impractical; importers must ensure warehouse space, file a Warehousing Bill of Entry, and accept that the assessing group will endorse the Bill to require verification of labeling at de-bonding. The Bond Superintendent mustensure 100% physical examination at ex-bond clearance and endorse the Examination Report on the hard copy Ex-bond Bill of Entry. Labeling in bond that amounts to manufacture will be governed by the Manufacture and Other Operations in Warehouse Regulations, 1966.
Procedure for Movement of Import Cargo in Containers from the Port to a CFS
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Container destination declaration required in IGM, carriers must designate a CFS when importers/agents fail to specify.
Shipping lines must record the Container Freight Station name/code against each IGM line reflecting the importer/CHA's notified CFS; importers/CHAs should inform the carrier at least seventy two hours before vessel arrival. If no prior intimation is received, the carrier may declare one CFS in the IGM for all unlisted containers and must notify that CFS. Message based EDI container movement procedures remain primary, with a mail based accounting procedure as the fallback when message exchange is non functional.
Procedure for removal of Ship generated garbage from the vessels/port crafts berthed at JNPT and at JNPT anchorage reg.
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Customs supervision required for removal of ship-generated garbage, with boarding and gate endorsements and CISF authorization mandated.
Removal of ship-generated garbage at JNPT is subject to Customs supervision as part of the designated Customs Area. Contractors must obtain Boarding Section supervision for loading; the Boarding Officer must endorse "Loaded under my supervision." Gate Preventive Officers must verify that endorsement and record a passing endorsement before CISF allows the vehicle to exit. Only CISF- and JNPT-authorized vehicles may enter the port.

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