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Relevance Default Date
    Removal of Budget Day restrictions for Budget 2003-04
    Current Account Transactions – Remittance for Advertisement on Foreign Television
    Clarification regarding taxation of income from dividends and capital gains under the Indo-Mauritius Double Tax Avoidance Convention (DTAC)
    Export of Preferential Raw Cane sugar
    Shorten the settlement cycle from the existing T+3 rolling settlement to T+2 w.e.f. April 01, 2003
    20/2003 - 06-02-2003 Central Excise
    Intimation of receipt of duty paid goods into the factory premises
    1 - 06-02-2003 Income Tax
    Order u/s. 120 read with Section 92CA of the IT Act, 1961
    Admissibility of drawback and Market verification for ascertaining the present market value under Drawback Scheme -reg
    Amendments/ Addition in SION
    R-Return and Guide to Authorised Dealers for Compilation of R Returns - Submission of documents/statements/schedules – Discontinuation
    Sponsored ADRs/GDRs- Receipt of Disinvestment proceeds
    Promulgation of Customs Tariff (Amendment) Ordinance, 2003 – adoption of Harmonized System of Nomenclature (HSN) based 8 digit Customs classificatio...
    Circulation of the Companies (Second Amendment) Act, 2002 – National Company Law Appellate Tribunal.
    Circular No. 13/2002 (File No. 275/192/2002-ITB), dated 23rd December, 2002—Deduction of tax at source.
    Constitution of National Advisory Committee on Accounting Standards
    Conversion of free shipping bills into Advance License/DEPB/DFRC/ Drawback shipping bills and conversion of shipping bills from one export promotion s...
    Refund of excess Registration Fees deposited by companies for Form No.5.
    Export of Special Chemicals, Organisms, Materials, Equipments and Technologies (SCOMET) - Clarifications
    Delhi High Court Order dated 22-1-2003 in Civil Writ Petition No:460 of 2003 - World Cup 2003- Remittance of foreign exchange
    Foreign Exchange Management Act, 1999 - Current Account Transactions - Use of International Credit Cards abroad
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Removal of Budget Day restrictions for Budget 2003-04
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Removal of Budget Day restrictions permits normal removal of excisable goods while maintaining anti evasion enforcement.
Deletion of rule 32 removes the prohibition on removal of excisable goods on Budget Day, allowing assessees to carry out removals without special departmental permission because duty is discharged by instalments (fortnightly for non SSI and monthly for SSI), while routine anti evasion field activity is to continue to prevent misuse of the relaxation.
Current Account Transactions – Remittance for Advertisement on Foreign Television
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Chartered Accountant certificate requirement for foreign television advertisement remittances relaxed where prior export receipts tracked through same authorised dealer.
Remittances for advertisement charges on foreign television may be processed without insisting on a Chartered Accountant's certificate of export earnings where the required export earnings in each of the two preceding years have been realised through the same Authorised Dealer making the remittance. In all cases, a Chartered Accountant's certificate must be obtained for each remittance certifying that the payment represents advertisement charges for telecast in foreign countries and not in India alone; authorised dealers must inform their constituents. Directions issued under Sections 10(4) and 11(1) of FEMA, 1999.
Clarification regarding taxation of income from dividends and capital gains under the Indo-Mauritius Double Tax Avoidance Convention (DTAC)
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Certificate of residence under Indo Mauritius DTAC secures treaty tax treatment for Mauritius resident investors on dividends and capital gains.
A Certificate of Residence issued by Mauritian authorities is sufficient evidence of both residence and beneficial ownership for applying the Indo Mauritius DTAC to dividends and capital gains; Mauritius resident FIIs and funds incorporated and taxable in Mauritius are treated as residents and, accordingly, not taxable in India on capital gains from sale of shares under Article 13. Where an entity is resident of both States, paragraph 3 of Article 4 deems it resident in the State of its place of effective management, permitting Assessing Officers to determine residence on the facts.
Export of Preferential Raw Cane sugar
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Preferential raw cane sugar tariff rate quota allocated for export to USA with a sole exporter designated for administration.
A quantity of raw sugar from the 2002-2003 free sale portion is allocated as a Preferential Raw Cane sugar Tariff Rate Quota for export to the USA and placed at the disposal of M/s Indian Sugar Exim Corporation Ltd., which is authorised as the sole exporter; existing procedures for GSP certification and other prescribed export certifications remain applicable.
Shorten the settlement cycle from the existing T+3 rolling settlement to T+2 w.e.f. April 01, 2003
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Settlement cycle reduction mandates accelerated trade settlement and stricter operational requirements for exchanges and brokers across market participants.
Shorten the rolling settlement from T+3 to T+2 effective April 1, 2003, with a prescribed operational timetable: custodial confirmation and obligation-file generation on T+1, pay-in and pay-out on T+2 with intra-day cut-offs. Exchanges must provide late-confirmation windows with deterrent charges, systems for handling shortages to meet pay-out, byelaw amendments requiring broker disbursement within 24 hours, alternative clearing for non-dematerialised shares, restrictions and penalties on client ID changes, and promote automation and online interfaces; exchanges must submit implementation roadmaps.
20/2003 - 06-02-2003 Central Excise
Intimation of receipt of duty paid goods into the factory premises
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Intimation of receipt of duty paid goods: procedural conditions for factory re processing and recordkeeping obligations.
Procedure under sub rule (3) of Rule 16 allows an assessee, with Commissioner's permission when invoices cannot be produced, to bring back duty paid goods into the factory for re making, refining, re conditioning or repair subject to written intimation to the Superintendent within 24 hours, physical identification within 48 hours, separate storage, restriction of processes so as not to amount to manufacture, duty payment on any excisable inputs used, maintenance of detailed accounts in prescribed Annexures, authenticated invoice endorsement on removal, and removal within six months (extensions limited).
1 - 06-02-2003 Income Tax
Order u/s. 120 read with Section 92CA of the IT Act, 1961
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Transfer Pricing officer appointments allocate jurisdictional and name based responsibilities under Section 92CA for transfer pricing procedures.
The Central Board of Direct Taxes designates Joint Commissioners as Transfer Pricing Officers at five headquarters (Delhi, Mumbai, Bangalore, Chennai, Kolkata) to exercise powers and perform functions under Section 92CA for the purposes of transfer pricing procedures, assigning territorial jurisdictions by states and union territories and dividing assessees administratively by name initials A-L and M-Z for each headquarters.
Admissibility of drawback and Market verification for ascertaining the present market value under Drawback Scheme -reg
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Present market value declaration: market verification may adjust FOB valuation for drawback where overvaluation is suspected, with senior approval.
Admissibility of duty drawback rests on declared FOB value; where intelligence or prima facie evidence indicates inflated invoicing or sub-standard goods, field formations must obtain senior approval and undertake market verification to determine present market value. Verifications that establish artificial inflation should be investigated and decided under the legal framework for export valuation and drawback; verifications must not be routine, must be expeditiously concluded to avoid trade harassment, and administrative guidance and public notices should be issued.
Amendments/ Addition in SION
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Standard Input-Output Norms amendment updates SION entries and substitutes input norms across chemicals, electronics, engineering and plastics.
Public Notice No. 61(RE-02) directs amendments, substitutions and additions to the Standard Input-Output Norms in the Handbook of Procedures Vol.2. It implements corrections listed in Annexure A and adds new SION entries for chemicals (A-3134-A-3140), electronics (B-258), engineering (C-1859-C-1862) and plastics (H-520-H-524), substituting input lists and quantitative norms, amending import item descriptions, adding inputs and footnotes, and specifying application conditions and limited validity where indicated.
R-Return and Guide to Authorised Dealers for Compilation of R Returns - Submission of documents/statements/schedules – Discontinuation
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Electronic Reporting System transition ends submission of supporting schedules; authorised dealers must still file R-Return cover pages electronically.
With the implementation of the Electronic Reporting System (FET-ERS Version 5.0), prescribed supporting documents, statements and schedules previously required with R-Returns are to be discontinued; authorised dealers must nevertheless continue to submit the hard copy cover-pages of R-Return (NOSTRO) and R-Return (VOSTRO) together with electronic filing via FET-ERS.
Sponsored ADRs/GDRs- Receipt of Disinvestment proceeds
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Sponsored ADRs/GDRs proceeds: resident holders may receive foreign currency sale proceeds with FIPB approval, credited to designated accounts.
Resident shareholders converting shares into sponsored ADRs/GDRs may receive disinvestment proceeds in foreign currency provided the conversion has FIPB approval; proceeds may be credited to EEFC/RFC(D) accounts or Rupee accounts in India. Persons who were residents when offering shares but have become non-residents may elect credit to foreign currency accounts abroad or any of their accounts in India. The facility is available until further notice and regulatory amendments will follow.
Promulgation of Customs Tariff (Amendment) Ordinance, 2003 – adoption of Harmonized System of Nomenclature (HSN) based 8 digit Customs classification code
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Customs classification update: adoption of HSN-based 8-digit tariff codes requires Bills of Entry and EDI updates for compliance.
Promulgation of the Customs Tariff Amendment implements adoption of an 8-digit Customs classification code based on HSN effective 1 February 2003, replacing the 6-digit code; all Bills of Entry must include the new 8-digit Custom Tariff Head or they will not be accepted. EDI systems must be updated to accommodate eight-character CTH fields, RITC will align with CTH, existing exemption notifications remain valid but must be explicitly claimed in EDI, and Central Excise Tariff headings remain unchanged.
09/2003 - 30-01-2003 Companies Law
Circulation of the Companies (Second Amendment) Act, 2002 – National Company Law Appellate Tribunal.
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Circulation of companies amendment act: forwarded to company law administrators to inform and prompt necessary administrative action.
Circulation of the Companies (Second Amendment) Act, 2002 is conveyed as an administrative directive to Regional Directors, Registrars of Companies and Official Liquidators, transmitting the enacted amendment for information and requisite administrative action and requesting acknowledgment of receipt.
NIL - 28-01-2003 Income Tax
Circular No. 13/2002 (File No. 275/192/2002-ITB), dated 23rd December, 2002—Deduction of tax at source.
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Exemption limit revised for retirement benefit tax exemption, applying a higher cap to employees retiring after 1 April 1998.
The circular substitutes the earlier Government notification and associated monetary ceiling with a later notification and a higher monetary ceiling, applying that revised exemption limit to employees who retire, whether on superannuation or otherwise, after 1 April 1998.
08/2003 - 28-01-2003 Companies Law
Constitution of National Advisory Committee on Accounting Standards
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National Advisory Committee on Accounting Standards constituted under the Companies Act; Gazette notification circulated for acknowledgement.
An Advisory Committee titled National Advisory Committee on Accounting Standards is constituted under section 210A(1) of the Companies Act, 1956 by Government notification S.O. 31(E) dated 10.01.2003; the Department of Company Affairs circulated this Gazette notification to regional directors, registrars of companies and official liquidators and requested acknowledgement of receipt.
Conversion of free shipping bills into Advance License/DEPB/DFRC/ Drawback shipping bills and conversion of shipping bills from one export promotion scheme to another – reg
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Conversion of shipping bills into eligible export promotion schemes permitted when documentary proof satisfies scheme eligibility requirements.
Conversion of shipping bills into Advance License, DEPB, DFRC or Drawback shipping bills may be allowed by the Commissioner on a case to case basis where exporters were compelled to file free shipping bills or were denied scheme benefits, provided the exporter proves use of inputs in the exported product, examination reports and endorsements establish export and coverage under the relevant SION/DEPB schedule, and all conditions of the target scheme are satisfied.
07/2003 - 27-01-2003 Companies Law
Refund of excess Registration Fees deposited by companies for Form No.5.
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Refund of excess registration fees: companies may seek repayment for overpaid Form No.5 fees following fee computation anomaly.
Refunds are authorised for excess registration fees paid on or after 12 July 2000 where an anomaly in Schedule X's fee computation caused overpayment for Form No.5. Companies must apply to the Registrar of Companies with proof; refunds cover only the actual excess fees and any interest charged by the Registrar for late filing. The Registrar will forward certified claims via the Pay & Accounts Officer to the Department for a Refund Sanction Order.
Export of Special Chemicals, Organisms, Materials, Equipments and Technologies (SCOMET) - Clarifications
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Export controls on dual-use SCOMET items require DGFT export licences; suspected breaches must be referred for enforcement scrutiny.
Exports of items on the SCOMET list are controlled as dual use goods and require a valid export licence from DGFT; manufacture is generally unrestricted but exports need prior authorisation under the ITC (HS) Classification and DGFT notifications. Field formations must remain vigilant, incorporate alerts into the Indian Customs EDI system, and refer suspected contraventions to the Export Commissioner, DGFT, and the DGRI for scrutiny.
Delhi High Court Order dated 22-1-2003 in Civil Writ Petition No:460 of 2003 - World Cup 2003- Remittance of foreign exchange
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Foreign exchange restriction: authorised dealers barred from releasing funds to specified sponsors without central bank clearance.
Pursuant to the High Court's prima facie directions, authorised dealers are directed not to release any foreign exchange to the three specified sponsor companies in connection with the World Cup event without prior clearance from the central bank's Exchange Control Department; the circular states these are temporary measures issued under statutory FEMA powers.
Foreign Exchange Management Act, 1999 - Current Account Transactions - Use of International Credit Cards abroad
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Use of International Credit Cards allowed for residents abroad without prior central bank approval, subject to prohibited items.
The amendment exempts the use of International Credit Cards by residents abroad from Rule 5 prior-approval requirements, permitting payment for expenses up to the card limit without separate Reserve Bank monetary ceilings. Existing prohibitions on purchases of items such as lottery tickets, banned magazines, sweepstakes participation and call-back services remain applicable.

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