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Circulars
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07/2012 - 25-04-2012 Companies Law
Name Availability Guidelines, 2011
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Name approval through STP mode subject to trademark and existing name checks, with transfer to non STP and timing restrictions.
The circular maintains certification based name approval via STP mode but mandates automated system checks against trademarks and existing company names; matches trigger transfer to non STP processing. Single word proposed names (except private limited/limited) cannot use STP. STP approved names are displayed on the ROC dashboard and are reserved for filing only until specified daily cutoff times. Registrars must comply and report discrepancies to the Ministry.
Designation of Link Officer
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Designation of Public Information Officer under RTI Act with named jurisdiction and an assigned link officer for requests.
The Commissioner, exercising powers under section 5 of the Right to Information Act, 2005, designates the officer in the EDP/System/TPS Branch as the Public Information Officer for the stated jurisdiction and names VATO (Co-ordination) as the Link Officer, partially modifying a prior departmental order and establishing departmental contact points for RTI requests.
File applications for 53 SEZ ports codes - reg.
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SEZ port codes assigned: applicants must use designated codes for filings under the Foreign Trade Policy and SEZ rules.
DGFT has allocated and published SEZ port codes for fifty three SEZs, listing each SEZ with its LOCODE and location. Applicants must use these assigned codes when filing applications on the DGFT server where a port/SEZ code is required under the Foreign Trade Policy 2009-14 and the SEZ Act and Rules; the publication is issued with DGFT approval to standardise electronic filing and processing.
External Commercial Borrowings (ECB) for Civil Aviation Sector
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External commercial borrowings for working capital permitted for civil aviation under approval route with eligibility and repayment conditions.
ECB are permitted for working capital in the civil aviation sector under the approval route for airlines holding a scheduled operator permit, subject to assessment of cash flow, foreign exchange earnings and debt servicing capability. Such ECBs must be raised within twelve months, have a minimum average maturity of three years, comply with sectoral and individual caps, and be supported by a chartered accountant's certificate of requirement and projected forex cash flows. ECBs for working capital or refinancing are not roll overable and must be repaid only from the borrower's foreign exchange earnings.
Establishment of Connectivity with both depositories NSDL and CDSL –Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement
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Dematerialisation requirement enables eligible companies with depository connectivity to shift from trade-for-trade to rolling settlement.
Companies with connectivity to both depositories may be moved from Trade for Trade Settlement to Rolling Settlement if at least half of other-than-promoter holdings are dematerialised and certified by the Registrar and Transfer Agent, or by a practicing Company Secretary/Chartered Accountant where no RTA exists, and provided no other grounds justify continuation of TFTS; stock exchanges must report actions taken in Monthly/Quarterly Development Reports.
External Commercial Borrowings (ECB) Policy – Refinancing / Rescheduling of ECB.
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Refinancing of external commercial borrowings now permitted at higher all-in-cost under approval route subject to existing ceiling.
Borrowers may refinance or reschedule existing External Commercial Borrowings by raising a fresh ECB at a higher all-in-cost under the approval route, provided the enhanced all-in-cost does not exceed the all-in-cost ceiling prescribed by extant guidelines; the modification is effective immediately and subject to review, with other ECB policy aspects unchanged and regulatory amendments to FEMA regulations to follow.
External Commercial Borrowings (ECB) Policy – Liberalisation and Rationalisation.
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External Commercial Borrowings liberalisation permits expanded refinancing for power and ECBs for toll maintenance under adjusted routes.
Amendments to the External Commercial Borrowings (ECB) policy allow power-sector companies to use a portion of fresh ECBs for refinancing rupee loans under the approval route, provided a majority of proceeds fund fresh infrastructure capital expenditure, and permit ECBs under the automatic route for maintenance and operation of toll systems when part of the original project; all other ECB parameters and reporting requirements remain unchanged.
Exim Bank's Line of Credit of USD 15 million to the Government of the Republic of Togo.
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Line of Credit conditions require majority Indian-sourced goods and set timelines, documentation and commission remittance rules for exporters.
Exim Bank provided a Line of Credit to finance exports for a Rural Electrification Project in Togo, requiring that a substantial majority of contract value be supplied from India while a limited portion (excluding consultancy) may be procured abroad; the Credit Agreement prescribes timelines for opening Letters of Credit and disbursement. Shipments must be declared on GR/SDF forms. No agency commission is payable under the Line of Credit, though exporters may use own funds or Exchange Earners' Foreign Currency balances to pay commission in free foreign exchange subject to realization and prevailing instructions. Authorized Dealer banks must inform exporters and obtain details from Exim Bank. Directions issued under FEMA.
01 /2012 - 20-04-2012 Central Excise
Recovery of Arrears- Certain Instructions-Reg
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Recovery of arrears: prioritise attachment under Section 11, then pursue asset tracing and third party recovery measures.
Standing instructions require beginning Central Excise recovery by attachment and sale under Section 11, with physical verification and, when attachment is not feasible, initiation of proceedings under Section 142. Divisional Officers are authorised to prepare certificates, circulate them across divisions/zones, and pursue asset identification through simultaneous written enquiries to Sub Registrar, municipal authorities, banks, RTA, Registrar of Companies, post office, police and trade associations; identified assets may be auctioned via the Chief Commissioner's auctioneer, while unresolved cases are referred via TRC to investigative agencies or considered for write off.
Order - DVAT Rules, 2005 - Extension of time limit prescribed in sub-rule (4) of Rule 26
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Change in tax period intimation: filing in Form DVAT-55 time extended for the 2012-13 tax year.
Under authority of Rule 49A, the Commissioner extended by thirty days the time prescribed in sub rule (4) of Rule 26 for furnishing intimation of a change in tax period in Form DVAT 55 in accordance with sub rules (1) and (3) of Rule 26, the extension applying to the 2012-13 tax year.
ARRANGEMENTS FOR RECEIPT AND MOVEMENT OF QUARTERLY RETURNS FOR QUARTER ENDING 31.03.2012.
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Quarterly return filing arrangements: designated counters will accept only hard copies of returns filed online on specified dates.
Hard copies of quarterly VAT returns filed online (refund and non refund) will be accepted only at designated Front Office Extension Counters on 26.04.2012, 27.04.2012 and 30.04.2012 between 10:30 AM and 5:00 PM; Zonal In charges must arrange floorwise staff and ensure no manual returns not filed online are accepted. Date and numbering stamps will be issued to ward In charges on 25.04.2012 and must be returned by close of 30.04.2012.
Handling of Cargo in Customs Areas Regulations, 2009-reg.
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Custody and storage obligations require CCSPs to provide space and waive rent on detained goods, allowing provisional release on bond.
CCSPs must provide adequate custody and storage space within customs areas for detained imported/export goods to permit de-stuffing and return of empty containers, and must not charge rent or demurrage on detained goods; containers detained or seized under the Customs Act may be considered for provisional release upon furnishing of a bond and bank guarantee.
Authorised Dealer Category II – Permission for additional activity and opening of Nostro account
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Authorised Dealer Category-II permission to open Nostro accounts requires one-time central bank approval; existing instructions remain applicable.
Authorised Dealer Category-II entities may open and operate Nostro accounts only after obtaining a one-time prior approval from the Reserve Bank; all other previously issued operational instructions remain unchanged and the directions are issued under the Foreign Exchange Management Act without prejudice to other statutory permissions.
Clarification on Point of Taxtion Rules, -regarding.
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Point of Taxation: deferral of service tax until receipt for eligible small providers; prior invoices governed by old rule
The amendment to the Point of Taxation Rules effective 1 April 2012 allows individuals, proprietors and partnership firms providing the specified services to defer service tax payment until receipt of payment where their turnover of taxable services in the previous financial year does not exceed the specified threshold; invoices issued on or before 31 March 2012 remain governed by the former Rule 7, making the date of receipt of payment the point of taxation for those invoices.
Re-organization of the work relating to Service Tax – Reg
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Service Tax registration reorganisation centralises issuance and ST-3 filing under a Headquarters Service Tax Cell for specified divisions.
Service Tax administration for Aurangabad Divisions I, II and III is consolidated into a Headquarters Service Tax Cell entrusted with issuance, amendment and allotment of registrations including Centralised Registration under ACES, using group-wise alphabetical allocations and specified ACES location codes; assessees in these divisions must now file ST-3 returns and seek registration services at the Headquarters Cell, while Ahmednagar and Nanded Divisions retain their existing local administration; surveys remain the responsibility of the respective Range and Service Tax Cell.
Clarification regarding admissibility of Industrial Growth Centres/Industrial Infrastructure/EP Indl. Parks, etc. Units - Exemption from Excise Duty
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Exemption period computation for industrial units: start date depends on whether production began before or after notification publication.
Computation of the ten year exemption period under Notification No. 56/2002 CE: if a unit (new or expanded capacity) commenced production during the period between 14 June 2002 and 14 November 2002, the period is computed from the notification's publication date; if production (new unit or expanded capacity) commenced after publication, the period is computed from the date of commencement of commercial production or commencement of production from the expanded capacity.
Documents required for SVB registration
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SVB registration documents required - submit IEC, PAN, relationship brief, Articles, GATT, SVB bond and B/E to avoid delays.
Importers and CHAs must compulsorily submit the following documents with SVB registration proposals to the concerned Appraising Group: IEC Certificate, PAN Card, a brief on the buyer-seller relationship, Articles of Memorandum, GATT declaration, SVB Bond (or copy if from another Custom House), and the Bill of Entry and Invoice, to prevent avoidable delays in registration.
Anti-Money Laundering (AML) / Combating the Financing of Terrorism (CFT) Standards - Cross Border Inward Remittance under Money Transfer Service Scheme.
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Cross-border inward remittances require enhanced risk-based AML/CFT scrutiny for transactions involving FATF identified jurisdictions.
Authorised Persons (Indian Agents) under the Money Transfer Service Scheme must consider the FATF public statement identifying jurisdictions with ML/TF risks and apply risk based scrutiny to transactions and relationships with those jurisdictions; Sub-Agents must comply mutatis mutandis, Principal Officers should acknowledge receipt, and the directions are issued under FEMA and the PMLA without prejudice to other legal approvals.
Anti-Money Laundering (AML) / Combating the Financing of Terrorism (CFT) Standards - Money changing activities.
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Anti-money laundering and terrorist financing: authorised persons must consider FATF country-risk findings in money-changing transactions.
The Reserve Bank circular requires money changing Authorised Persons to consider the FATF public statement identifying jurisdictions with strategic AML/CFT deficiencies, apply enhanced scrutiny and risk mitigation in business with those jurisdictions, ensure agents and franchisees comply mutatis mutandis, notify constituents, and obtain Principal Officer acknowledgement; legitimate transactions remain permitted. Directions are issued under the Foreign Exchange Management Act and the Prevention of Money Laundering Act and Rules.
Processing of investor complaints against companies applying for listing of debt securities in SEBI SCORES system
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Investor grievance authentication required: SCORES registration mandatory before listing debt securities, verified by exchanges.
Companies seeking listing of debt securities must obtain SCORES authentication and submit the prescribed form electronically and by hard copy; the same authentication applies to all subsequent debt issues. Stock exchanges must verify SCORES authentication before granting listing approval, inform companies of this requirement at filing, and publish the requirement on their websites. Companies already authenticated need not reapply.

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