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Circulars
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External Commercial Borrowings (ECB)
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External Commercial Borrowings limit expansion allows additional approved long term borrowings and greater bank prepayment authority.
Amendment permits corporates additional ECB under the approval route for longer dated borrowings provided they meet minimum average maturity and comply with end use, recognised lender and all in cost conditions; prepayment and call/put options are not permitted on such additional ECB for the initial period. AD Category I banks may allow increased borrower prepayment without prior Reserve Bank approval, subject to the applicable minimum average maturity requirement. The changes are effective immediately and will be reflected in amendments to the Foreign Exchange Management Regulations.
Release of cash deposited in the PD Account.
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Release of seized cash: instruction mandates prompt adjustment and release after assessment, retaining only expected penalty amounts.
Seized cash in the PD Account must be applied first to existing liabilities and liabilities determined on search-and-seizure assessment under Section 132B, with any balance released and interest payable. Assessing officers must release cash promptly where its nature is satisfactorily explained, or within one month of assessment after adjusting for demands and retaining only amounts sufficient for expected penalties; balances must be reviewed and adjusted on appellate orders and past PD holdings examined for retrospective release.
24/2006 - 01-12-2006 Central Excise
Issue of Digital Signature Certificate
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Digital Signature Certificates enable secure electronic authentication for ACES/ICEGATE filings; assessees must enrol online through iCERT.
CBEC's departmental certifying authority, iCERT, will issue and manage Class III Digital Signature certificates to the CBEC trading community to secure and authenticate electronic transactions via ACES/ICEGATE. Subscribers must enrol online at the iCERT website, pay a nominal one time fee for a two year certificate, undergo jurisdictional Central Excise verification within the prescribed timeframe, and will receive the certificate by e mail. Issued certificates are to be used for signing and filing documents electronically; expanded helpdesk support and published contact channels are available.
Exim Bank's Line of Credit of USD 10 million to the Government of Angola
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Line of credit for export financing enables tractors' exports under specified timelines and FEMA directions.
A foreign currency Line of Credit by Exim Bank finances export of SAME tractors and related items, effective October 27, 2006, with Letters of Credit opening and disbursement terminal dates set at twenty-four and thirty months respectively; shipments must be declared on GR/SDF forms, no agency commission is payable under the LOC though exporters may use own funds or EEFC balances for commission subject to AD Category-I banks' post-realisation approval, and the circular is issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act without prejudice to other required permissions.
Exchange Earner's Foreign Currency (EEFC) Account- Liberalisation of Procedure
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EEFC account liberalisation allows full foreign exchange earnings to be credited, expanding permissible credits and debits.
The circular allows all categories of foreign exchange earners to credit up to 100 per cent of specified foreign exchange earnings to their EEFC Account, leaving other Scheme terms unchanged and noting forthcoming regulatory amendments. The Schedule specifies eligible categories and qualifying receipts (inward remittances via normal banking channels, export receipts for specified units, counter-trade receipts, advance export remittances, certain repayments, and professional earnings). Permissible credits include interest, recredits and disinvestment receipts; permissible debits cover permitted current and capital account payments, payments to specified export units, customs duties, trade loans to importer customers, and payments to residents for goods and services. Rupee withdrawals are unrestricted but not reconvertible.
Implementation of the new Centralized CHA Directory
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PAN-based CHA registration centralizes agent licensing, requiring a principal policy selection and PAN-based branch numbers for operations.
The centralized PAN-based CHA directory requires each Custom House Agent to have a single PAN-based registration with one designated Principal Policy Section; other registrations are deactivated and treated as intimations. A 15-digit PAN-based branch number will be issued for each branch for use at any ICES location. All branch and contact updates must be processed through the Principal Policy Section, which must confirm changes in writing and update the centralized database. CHAs licensed at non-EDI locations must register at the nearest EDI Policy Section to obtain the PAN-based registration number for filings.
Amendments in Notification No. 37(RE-06)/2004-2009 dated 27.11.2006
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Export restrictions on pulses to Sri Lanka limit shipments to specified types and ports; exceptions require DGFT permission.
Restriction on export of pulses to Sri Lanka confines exports to specified pulse varieties with quantified ceilings and authorises shipments only from a designated Indian port to a designated Sri Lankan port; the prohibition does not apply where a specific administrative permission has been granted.
Foreign Exchange Management Act (FEMA), 1999 – Current Account Transactions – Liberalisation
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Current account liberalisation: banks may allow foreign exchange drawal for purchase of trademark or franchise without prior central approval.
Authorised Dealer Category I banks may permit persons to draw foreign exchange for purchase of trademark or franchise in India without obtaining prior approval of the Reserve Bank, consequent to the amendment of the Foreign Exchange Management (Current Account Transactions) Rules, 2000; this relaxation is subject to compliance with other applicable laws and FEMA obligations.
Allocation of work for CIT (DRs) and SDRs.
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Work allocation for tax department representatives sets mandatory categories and reporting duties for tribunal advocacy.
Allocation of responsibility for representation before the income-tax appellate tribunal assigns core search and block assessment cases, Special Bench or Third Member Bench references, revision-provision appeals, scam-related matters, and appeals exceeding prescribed monetary thresholds to CIT(DRs), with all other appeals to be handled by Senior Departmental Representatives; CCIT may exceptionally reassign cases, and both CIT(DRs) and Sr. DRs must submit monthly performance reports in a Board-prescribed proforma.
Collection and compilation of data on transfers (Imports and Exports) of Scheduled Chemicals of Chemical Weapons Convention (CWC) enabling accurate submissions of the same to Organization for Prohibition of Chemical Weapons (OPCW) annually by Govt. of India
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Scheduled chemicals compliance: exporters and importers must state correct descriptions and full HS codes in shipping documents.
Exporters, importers and clearing agents must indicate accurate chemical descriptions and the corresponding eight digit HS codes for Scheduled Chemicals (as specified for Category 1A and 1B in Appendix 3 to Schedule 2 of the ITC(HS)) in all inward and outward shipping documents to enable accurate annual reporting to the OPCW; DGFT observed omissions and directed immediate implementation of its prior policy guidance, with trade advised to report any implementation difficulties to the customs commissioner.
New return Form No. 1 for companies for assessment year 2006-07 furnishing of return by representative assessees of non-residents
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Electronic filing requirement for corporate returns excluded agents of nonresidents due to multiple-agent software constraints.
Form No. 1 was notified as the mandatory electronic return format for companies, but because the e-filing software enforces a one-assessee-one-PAN-one-return model and cannot accommodate multiple agents or agents representing multiple nonresidents, agents acting as representative assessees of nonresidents are not required to electronically furnish nonresident returns in Form No. 1 for the relevant assessment year.
Amendments in Appendix-8 of the Hand Book of Procedures Vol. I
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Amendment to export procedure: Appendix eight updated to include oranges and vegetables from specified Madhya Pradesh districts.
Amendment to the Handbook of Procedures (Vol. I) updates Appendix Eight by altering the entry at Sl. No. 52 to specify that oranges and vegetables are covered in the State of Madhya Pradesh, listing the districts Chhindwara, Hoshangabad and Betul; the change is made under Paragraph 2.4 of the Foreign Trade Policy 2004-2009 and issued by public notice.
Amendments in Hand Book of Procedures Vol. I
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Agreement name amendment: 'Bangkok Agreement' replaced by Asia-Pacific Trade Agreement (APTA) in handbook references.
The amendment substitutes the designation Asia-Pacific Trade Agreement (APTA) for the term "Bangkok Agreement" in Paragraph 2.21.1 and Sub Para (d) of the Handbook of Procedures, Volume I, and correspondingly replaces the wording in the heading of Appendix 4 B to align terminology across the instrument.
Procedure for import of Vegetable fats (vanaspati), Pepper ITC(HS) Code No.090411 and Desiccated Coconut(ITC(HS) Code No. 080111 under Indo-Sri Lanka Free Trade
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Import quota restrictions under the Indo Sri Lanka Free Trade Agreement require pre purchase agreements and Certificate of Origin.
Notification prescribes annual and quarter wise quantitative restrictions for vanaspati, pepper and desiccated coconut imports under the Indo Sri Lanka Free Trade Agreement; requires applications to the Exim Facilitation Committee in the Aayaat Niryaat Form with applicable fees; mandates pre purchase agreements from eligible Sri Lankan exporters for vanaspati and production of a Certificate of Origin at import clearance; and sets the financial year as the allocation period, with initial year quantities adjusted for prior imports.
Dispatch of account statement
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Account statement dispatch rules require periodic statements for systematic investment plans and prompt free issuance on investor request.
SEBI requires mutual funds to dispatch account statements for SIP/STP/SWP quarterly within ten working days of quarter-end, with the first statement within ten working days of initial investment; upon investor request funds must supply statements free within five working days and may email monthly soft copies if mandated. Funds must also issue statements to investors inactive for six months, together with Portfolio Statements or Annual Reports, reflecting the latest closing balance and unit value, with electronic delivery permitted where mandated.
Draft - 20-11-2006 Central Excise
Draft - Seeking views on proposed measures to provide deterrence to tax evaders in the manufacturing sector
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Deterrent measures against planned excise evasion: administrative withdrawal of facilities and registration consequences upon serious non compliance.
Proposes targeted administrative restrictions for specified deliberate excise offences-removal without documents, undervaluation with unaccounted proceeds, taking CENVAT without receipt or on bogus invoices, issuing invoices without delivery, and claiming refunds on non genuine invoices-triggered once a monetary threshold of evasion is met. For manufacturers the measures include withdrawal of monthly payment facility, temporary non utilisation of CENVAT credit, and suspension of provisional refund disbursement, with placement under physical control on repeat detection; dealers face registration suspension; merchant exporters face withdrawal of provisional refunds and self sealing. Decisions are taken by Member (Excise), CBEC, after senior level review and an opportunity to be heard, and are administrative with no appeal.
Clarification on Para 4 of Facility Notice No. 47 / 2006 dated 31.7.06.
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EGM amendment authority clarified; designated officers must handle forceful submissions and all amendments follow standing procedures.
All Assistant/Deputy Commissioners (Exports) at Container Freight Stations are authorized to make EGM amendments after proper verification and in accordance with the Public Notices and Standing Orders governing filing and amendment of EGMs. Forceful submission of EGMs is limited to the officer specifically designated for that purpose; currently the DC, Dronagiri, performs forceful submissions. All amendments and forceful submissions must follow the prescribed procedures and non-compliance will be viewed seriously.
Issue of Bank Guarantee on behalf of service importers
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Bank guarantees for service imports permitted with conditions and documentary proof, and mandatory reporting upon invocation.
Authorised Dealer Category I banks are permitted to issue bank guarantees for import of services provided the guarantee does not exceed the prescribed amount, the bank is satisfied as to the bonafides, documentary evidence of import of services is obtained, and the guarantee secures a direct contractual liability between a resident and a non resident; invocation requires the bank to report circumstances to the Chief General Manager in Charge, Foreign Exchange Department, Reserve Bank of India.
Allocation of work for CIT (DRs) and SDRs.
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Allocation of appellate representation directs who will represent high-value and special-category tax appeals before the tribunal.
Allocation of appellate representation before the Income Tax Appellate Tribunal assigns CIT(DRs) to represent core search and block assessment appeals and other search-related matters as designated by the CCIT; appeals before Special Benches or Third Member Benches; appeals under section 263; scam-related matters; and appeals exceeding specified city-based monetary thresholds. Sr. DRs handle all other appeals. The CCIT may reassign cases in exceptional circumstances, and both categories must submit monthly performance reports in a proforma to be provided.
Exemption from Central Excise Duty to parts falling under any Chapter, when used within the factory of production for manufacture of goods of heading 8701 – regarding
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Exemption for parts used in tractor manufacture extends to components classified outside Chapter 87 when used within the factory.
The circular clarifies that goods excluded by Note 2(e) of Section XVII retain their original chapter classification (for example, internal combustion engines in Chapter 84) and are not reclassified under Chapter 87; however, notifications exempt "parts, falling under any chapter," used within the factory of production for manufacture of tractors under the tractor heading, so such components remain eligible for the exemption subject to the other conditions of those notifications.

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