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Circulars
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Procedure for import of various items under Tariff Rate Quota(TRQ)
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Tariff Rate Quota allocation: procedure, eligible entities, actual-user imports, application deadline and allocation by committee.
Procedure sets out allocation and import conditions under a Tariff Rate Quota for four specified commodities, listing eligible entities required to import on behalf of actual users, noting maize under the State Trading Regime with alternate import licence option, and prescribing application to the Exim Facilitation Committee at DGFT with fee and supporting documents; imports must be cleared by customs before the deadline and failure to import within the period results in two years' ineligibility for quota allocation.
Placement of quantity of 10,000 MTs of Raw Cane Sugar under SPS quota to EU
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SPS quota allocation for raw cane sugar requires prescribed certification endorsements and names a sole authorised exporter for EU refining.
Allocation of an SPS quota designates raw cane sugar for export to the European Union for refining and prescribes a specific endorsement referencing the application of the Regulation and the common sugar code for preferential certification. The Directorate General of Foreign Trade authorises the Indian Sugar Exim Corporation Ltd. as the sole agency permitted to export raw cane sugar under this quota to the EU, directing port and customs authorities to implement centralised export authorisation and certification requirements.
Placement of quantity of 8500 MTs of Raw Sugar from the Freesale Quota of 2000-2001 Season
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Preferential raw cane sugar tariff rate quota allocated for export to USA; Sugar Exim Corporation designated sole exporter, procedures unchanged.
Allocation of 8500 MT of raw sugar from the 2001-2002 freesale quota is placed as a Preferential Raw Cane Sugar Tariff Rate Quota for export to the USA and vested at the disposal of the Indian Sugar Exim Corporation Ltd., which is designated the sole agency authorised to export that quantity; existing GSP certificate issuance and other specified certification and procedural requirements for preferential sugar exports to the USA remain applicable.
Condition on import of textile and textile articles as per paragraph 11 of Notification no.3 (RE-2001)/ 1997- 2002 dt. 31st March, 2001
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Import sample exemption: testing waived for textile samples subject to quantity, marking, free supply, and customs undertaking.
The testing requirement for imported textile and textile articles under the referenced notification is waived for consignments imported as samples, provided they are supplied free of cost, bear indelible marking "sample not for sale," are accompanied by an undertaking to customs that they will not be used for human consumption, and comply with specified per-consignment quantity limits.
Scrutiny of assessments.
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Selection for tax scrutiny: additional categories with concealment indicators may be examined subject to CCIT approval and allocation adjustments.
Procedures expand permitted selections for income-tax scrutiny beyond numerical limits to include survey-detected additional income, definite reports of concealment including from enforcement agencies, and cases involving recurring substantive issues with substantial tax implications, all subject to CCIT approval; allocation of cases may be adjusted to Additional CIT/JCIT ranges or to Income Tax Officers depending on case nature, also with CCIT approval.
Appeal against order passed by Commissioner (Appeal) - proper authorisation by Commissioner
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Authorisation for appeal: Commissioner must record a considered opinion that the order in appeal is not legal before filing.
Authorisation to file an appeal must reflect that the authorising officer applied his mind and formed a considered opinion that the order of the Commissioner (Appeals) was not legal or proper; if the Chief Commissioner wishes an appeal, he should preferably issue the authorisation himself, or the Commissioner must record on file that he independently reached that conclusion, in line with prior Board instructions emphasising precise language and recorded reasons.
Customs Overtime – reg. –
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Customs overtime: cease charging overtime fees for gate cargo supervision after prescribing continuous 24/7 working.
The Board directs that supervision of cargo movement at dock gates be prescribed as continuous 24 hours a day, 7 days a week, 365 days a year work by Commissioners under the Customs (Fees for Rendering Services by Customs Officers) Regulations, 1998, and that no overtime fee be levied for such gate supervision; Commissioners must issue Public Notices/Standing Orders and report implementation difficulties to the Board.
SEBI Investors Education Programme – Investments in Mutual Funds
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Investor education on mutual funds: SEBI circulates a brochure and requires dissemination through distributors, websites and training.
SEBI directs registered mutual funds, Unit Trust of India and AMFI to disseminate a question-and-answer brochure on mutual fund fundamentals to distributors, agents and investors, display it prominently on fund websites, and may publish it as booklets bearing SEBI name and logo while allowing publishers to identify themselves; AMFI is asked to include the brochure in training and certification materials and recipients must report on dissemination steps.
Time limit for market verification of the Present Market Value (PMV) under DEPB
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Extension of challenge period for Present Market Value permits issuing show cause notices beyond the standard time where fraud or suppression is found.
Where investigations disclose fraud or willful suppression of facts, show cause notices challenging the Present Market Value (PMV) under the DEPB scheme may be issued beyond the ordinarily prescribed time limit; internal instructions or standing orders should be issued to guide trade and field staff and receipt of the Circular acknowledged.
Excisability of plant and machinery assembled at site - regarding
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Excisability of plant and machinery: moveable assemblies are excisable, immovable integrated systems are not, clarified
Clarifies excise treatment for plant and machinery assembled at site: duty attaches only where site manufacture yields a new identity, character and use, specified as excisable and marketable as moveable goods. Integrated systems or structures arising from assembly that are effectively immovable are not "goods" for excise, though component parts remain dutiable. Practical removability, permanence of fixation, intention and marketability govern whether an assembled unit is excisable.
Regarding payment details entry in on-line applications
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Payment detail accuracy: on-line DEPB and Advance Licence entries must match submitted payment instruments or face return and refile.
Applicants using the on-line facility for DEPB and Advance Licences must unambiguously select either TR (Treasury Challan) or DD (Bankers Cheque/Demand Draft/Bank Receipt) and enter instrument number, date of issue, amount and issuing bank. If the hard-copy payment document submitted at pre-scrutiny does not tally with the on-line entry, the application will be returned and must be re-entered and resubmitted with a fresh hard copy showing correct payment details and a new file number for reconciliation.
Classification/ Excisability of Pesticides for the purpose of levy of excise duty
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Manufacture by formulation: adding carriers or solvents to concentrated pesticides constitutes manufacture and changes excise classification.
Addition of carriers, solvents and other ingredients to concentrated pesticidal chemicals produces a new product fit for direct use and therefore constitutes manufacture for excise duty purposes; bulk pesticide chemicals are now classifiable either under general chemical chapters or under the residual heading for chemical preparations rather than automatically under the pesticide formulation heading, and the prior instruction on this treatment has been withdrawn.
Amendments to the SEBI (Disclosure and Investor Protection) Guidelines, 2000
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Public issue of non-convertible debt securities permitted without prior equity listing, subject to credit rating and disclosure safeguards.
Unlisted companies may publicly issue and list NCDS or DSCE without prior equity listing if they obtain an investment-grade credit rating, secure a prescribed promoters' equity contribution (with staged funding for very large contributions) and a lock-in, agree to continuing disclosure obligations under the listing agreement, obtain special resolution consent of security holders for material changes, ensure no partly paid securities at draft filing, and comply with IPO guidelines when issuing equity or convertible securities during or after the debt tenor. Price band limits and book building may be used for coupon and conversion price determination.
02/2002 - 11-01-2002 Companies Law
Companies (Amendment) Act, 2001
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Companies Amendment Act transmission: copy circulated to regional directors and registrars for information and action.
A copy of the Companies (Amendment) Act, 2001, published in the Gazette of India on 24th December, 2001, is transmitted to Regional Directors, Registrars of Companies and Official Liquidators for information and necessary action, with a requirement to acknowledge receipt and to effect dissemination, compliance and record-keeping within their respective jurisdictions.
01/2002 - 11-01-2002 Companies Law
Constitution of a Committee to administer the Investor Education and Protection Fund.
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Investor Education and Protection Fund committee notified; recipients instructed to circulate the notification and take necessary administrative action.
Notification S.O.1280(E) constituting a Committee to administer the Investor Education and Protection Fund is circulated to all Regional Directors, Registrars of Companies and Official Liquidators; recipients are directed to undertake necessary administrative steps arising from the committee's constitution and to acknowledge receipt.
Order under Section 8 of Securities Contracts (Regulation) Act, 1956
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Regulatory directive under Securities Contracts Act requires stock exchanges to amend rules and seek clarifications within set periods.
A regulatory directive under Section 8 of the Securities Contracts (Regulation) Act directs stock exchanges to amend their Rules, Articles and related provisions to implement a SEBI Board decision within a prescribed compliance period, and requires exchanges to submit any queries on the Order to SEBI within a specified short timeframe.
Import of goods of Indian Origin under the various Export Promotion Schemes
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Import restrictions on Indian-origin goods: imports under export-promotion schemes barred except as permitted by Customs notification.
Import of Indian-origin goods under export promotion schemes is not permissible except as allowed by Customs Notification 94/96; this prohibition aims to prevent misuse whereby export benefits are obtained and goods are re-imported duty free or at concessional duty, causing revenue loss. Exports of foreign-origin goods under these schemes are barred unless manufacturing, re-processing, or operations have been carried out in India. The restrictions do not apply where no benefits are claimed under the Exim Policy provisions referenced.
Fixation of Tariff Value under Section 14(2) of the Customs Act, 1962 on Crude Palm Oil, RBD Palm Oil, RBD Palmolein, Crude Palmolein & Brass Scrap (all grades)
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Tariff value fixation under Section 14(2) mandates prescribed valuation for listed imports and governs customs duty calculation.
Fixation of Tariff Value under Section 14(2) prescribes dollar-per-metric-ton values for specified palm oils and brass scrap, mandates use of those tariff values instead of transaction-based valuation, and requires that ad valorem duty be levied on the tariff value without additions; the tariff value applicable to bonded-warehouse clearances is the value in force on the date of actual removal.
Extension in Date of Shipment of Course Grain of 50000 MTs for 2001-02
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Extension of shipment deadline for coarse grain exports allows previously authorised consignments to be dispatched by the revised date.
The shipment/export deadline for authorised coarse grain and maize consignments (50,000 MTs as specified) previously permitted by earlier Public Notices is extended to 31.3.2002, under the authority of Paragraph 4.11 of the Export & Import Policy, 1997-2002, as amended; the extension applies to the quantities and terms set out in the cited Public Notices and accompanying schedule entries.
Issue of DEPB for Drug Formulations under Serial No.37 & 40 of Chemicals -no final assessment from customs required
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DEPB issuance allowed without final customs assessment for drug formulations provisionally held over value-cap clarification, subject to a filing deadline.
DEPB for drug formulations under Serial Nos.37 and 40 may be issued without final customs assessment where provisional assessment was solely for clarification on value caps; provisional assessments for any other reasons require final customs assessment. The concession follows a Revenue clarification that no value cap applied to those entries for exports prior to 2/11/2001 and is limited to applications submitted by the stated cut-off date.

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