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Circulars
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148 - 13-12-2011 Service Tax
Regarding clarification on levy of service tax on distributors/sub-distributors of films & exhibitors of movie
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Copyright service taxation applies where copyrights are temporarily transferred; revenue-sharing may attract business support or renting classification.
Temporary transfer or permitting use of copyright by a distributor or transferee to an exhibitor is taxable as copyright service, and the transferor must collect and remit service tax. If no copyright is transferred, the transaction must be examined for levy under Business Support Service (including operational or administrative assistance) or Renting of Immovable Property, depending on whether the exhibitor merely provides premises or also furnishes support services; arrangements creating an unincorporated joint venture that constitutes a distinct person are likewise taxable under applicable service heads.
Guidelines on handling of court cases and other litigation matters relating to SEZs
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Representation by Development Commissioners: DCs must handle SEZ litigation with Government Counsel, referring only policy issues for departmental vetting.
Development Commissioners of SEZs are the primary officers to examine, prepare and represent litigation concerning their SEZs, including drafting counter affidavits after consultation with Government Counsel. Draft replies involving Department of Commerce policy issues must be vetted by that Department. If departmental directions are needed on specific issues, the DC should request clarification from the Department of Commerce, otherwise the DC should proceed to represent the Union of India in court.
Foreign Investment in Pharmaceuticals Sector -Amendment to the Foreign Direct Investment Scheme
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Foreign investment in pharmaceuticals: greenfield allowed under automatic route; brownfield requires government approval under revised FDI policy.
FDI policy for the pharmaceuticals sector is amended so that FDI up to 100 per cent is allowed under the automatic route for greenfield investments, while brownfield investments are permitted under the Government approval route; AD Category I banks are to notify customers, and amendments to FEMA regulations will be separately notified, the directions being issued under the Foreign Exchange Management Act, 1999.
Foreign Direct Investment (FDI) in India - Issue of equity shares under the FDI scheme allowed under the Government route
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Conversion of import payables into FDI under Government route requires complete application within prescribed 180-day period.
Conversions of import payables for capital goods into FDI under the Government route require applications complete in all respects to be filed within 180 days from shipment; applications for capitalization must be complete and filed within 180 days from the company's incorporation. Other instructions of the earlier circular remain unchanged and amendments to FEMA regulations will be notified separately.
Deferred Payment Protocols dated April 30, 1981 and December 23, 1985 between Government of India and erstwhile USSR
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Revision of special currency basket value alters exchange valuation applicable to authorised dealer banks under FEMA directions.
The Reserve Bank notified Authorised Dealer Category I banks that, after a recalculation on November 23, 2011, the Rupee value of the special currency basket under the Deferred Payment Protocols has been revised and fixed with effect from November 28, 2011, and directed banks to inform their constituents; the circular is issued under FEMA and without prejudice to other statutory permissions.
Instructions regarding strict compliance of Rule 3(2)(ii) to (iv) of CCS (Conduct) Rules
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Oral directions lack statutory force; written confirmation is required to validate supervisory instructions and prevent disciplinary exposure.
Directions from an official superior must ordinarily be in writing; oral directions should be avoided and, if given, must be confirmed in writing immediately thereafter. Oral or informal directions not confirmed in writing carry no statutory force and cannot be used by either subordinate officers or supervising officers to shield official actions from disciplinary scrutiny. Both superiors and recipients must ensure prompt written confirmation, failing which reliance on such directions is not permissible.
The Securities and Exchange Board of India (KYC Registration Agency) Regulations, 2011
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Centralized KYC registration enables single-client KYC verification across intermediaries, reducing duplication and enabling regulated data sharing.
The Regulations establish a centralized KYC Registration Agency regime requiring a SEBI-registered intermediary to perform initial KYC and upload authenticated client details to the KRA system so other intermediaries can verify and download those details, avoiding repetitive KYC. Stock exchanges and depositories must notify intermediaries, amend rules for implementation, monitor compliance via internal audits and inspections, and report implementation status to SEBI, with data security and a code of conduct forming essential compliance obligations.
Regarding classification of Chloroparaffins / Chlorinated Paraffins
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Classification of Chlorinated Paraffins: solid waxes classed as artificial waxes under customs tariff; liquids classed under chemical preparations.
Chlorinated paraffin waxes in solid form are to be treated as artificial or mineral modified waxes and classified under the customs tariff provision for artificial waxes following the 2010 budget change; chlorinated paraffins in liquid form are to be classified under the customs heading for certain chemical preparations, consistent with the HSN Explanatory Notes. Field formations are to be instructed to apply these classifications.
Deferred Payment Protocols dated April 30, 1981 and December 23, 1985 between Government of India and erstwhile USSR
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Rupee value adjustment of special currency basket announced, requiring authorised dealer banks to apply the revised valuation in settlements.
The circular revises the Rupee valuation of the special currency basket used for settlement under the Deferred Payment Protocols with the erstwhile USSR, notifies Authorised Dealer Category I banks that a prior value has been superseded by a further revision effective from the stated date, and directs AD Category I banks to inform their constituents. The Directions are issued under the Reserve Bank's statutory powers and are without prejudice to other permissions or approvals required under law.
Regarding new pictorial health warning - implementation of the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008
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Tobacco products must carry new pictorial health warnings from 1 December 2011, with customs to enforce compliance.
The Ministry notified new pictorial and textual health warnings under the Packaging and Labelling Rules to apply to all tobacco products produced, supplied, imported or distributed for sale; these warnings include artwork for printing and take effect from the notified commencement date. The Central Board of Excise & Customs directs customs formations to ensure strict compliance and to verify that all tobacco products manufactured, packaged, or imported for sale bear the newly specified health warnings at the time of clearance.
Customs-Levy and collection of stamp duty on high sea Sale transactions-reg.
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Stamp duty on high sea sales confirmed; trade stakeholders must comply with stamp obligations for such sale instruments.
Stamp duty applies to contracts of sale executed in respect of goods sold while at sea (high sea sales) under the schedule to the applicable stamp law; Article 24 identifies instruments related to such transactions as subject to stamp duty. Trade stakeholders including importers, exporters and agents are informed that the registration and stamps authority has confirmed the levy and are directed to comply with the stamp duty requirements when documenting high sea sale transactions.
69/2011 - 30-11-2011 Companies Law
Filing of Balance Sheet and profit and loss account in Extensible Business Reporting Language (XBRL) Mode - Date of filing of Balance Sheet and Profit & Loss Account in XBRL mode extended up to 31-12-2011
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XBRL filing deadline extended for designated companies, granting additional time to file financial statements without extra fee.
The Ministry of Corporate Affairs extended the deadline for filing Balance Sheet and Profit & Loss Account in XBRL mode for Phase I companies (excluding exempted classes) with balance sheet date on or after 31 03 2011, allowing filing up to 31 12 2011 or within sixty days of the company's due filing date, whichever is later, without additional fee; this partially modifies Para 1 of Circular No. 57/2011 and is issued with Competent Authority approval.
68/2011 - 30-11-2011 Companies Law
Cost Accounting Records and Cost Audit – clarifications regarding applicability and compliance requirements.
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Cost audit compliance: companies must file Form-B and maintain cost records for the prescribed multi-year period.
Companies covered by the Companies (Cost Accounting Records) Rules, 2011 shall file only the prescribed Form B compliance report and not furnish other cost record details to the Government; where all non exempt products/activities are under cost audit, separate compliance filing is unnecessary. Newly covered companies must keep cost records and supporting statements in good order for the prescribed multi year retention period starting with the first year of application. The definition of Turnover excludes taxes and duties for all related cost accounting and audit rules.
67/2011 - 30-11-2011 Companies Law
Cost Accounting Records and Cost Audit – clarifications about coverage of certain sectors thereunder.
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Cost audit coverage clarified: exemptions and scope defined for specified services, ancillary products, and export-oriented units.
Clarification limits applicability of the Cost Accounting Records Rules, 2011 and related Cost Audit Orders: the Rules exclude trading, specified services, pure job-work, pre-commercial entities and minor ancillary products; Cost Audit Orders exclude captive generation for own use, own inputs consumed exclusively in audited production, and qualifying export-oriented or zone-located units subject to conditions. Cost audit scope covers only tariff items that are intermediate, final or allied products of the industries listed in the Orders, with illustrative examples and a direction to seek case-specific clarifications.
Regarding implementation of The Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order 2009
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BIS Standard Mark requirement: customs must verify conformity of imported pneumatic tyres before clearance, exemptions apply.
The Order requires pneumatic tyres and tubes to meet prescribed quality standards and bear the BIS Standard Mark; a DIPP-published list of tyres imported by OEMs is exempt. Except for those exemptions, manufacture, import, storage for sale, sale or distribution of nonconforming tyres or tubes without the BIS mark is prohibited. The CBEC directs customs field formations to verify the BIS Standard Mark before clearing imported pneumatic tyres and tubes and to issue standing orders, instructions or public notices to enforce compliance.
CORRIGENDUM FOR CIRCULAR NO. 15 OF 2011-12.
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Late deposit of tax correction clarifies circular language to address timing-related tax deposit interpretation.
The corrigendum officially replaces the words "last deposit of tax" with "late deposit of tax" in paragraph two of the earlier VAT circular, thereby clarifying that the circular's instruction concerns the timing and treatment of late tax deposits rather than any notion of a final deposit.
Comments/suggestions invited on Draft Adjudication Manual
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Adjudication of excise, customs and service tax requires clear SCNs, natural justice, evidence rules, penalties, confiscation and enforcement timelines.
The Manual sets the adjudication framework for Central Excise, Customs and Service Tax: departmental officers act as quasi judicial adjudicating authorities within prescribed monetary limits and jurisdictional rules; proceedings must observe natural justice (clear SCNs, opportunity to inspect and rebut, reasoned speaking orders); evidentiary rules cover statements and computer/ facsimile evidence; mandatory penalties and confiscation rules, provisional release on bond, redemption fines, interest and refund regimes, prosecution thresholds and enforcement mechanisms are prescribed, with timelines and reporting requirements.
Annual System Audit
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Annual system audit requirement ensures exchanges and depositories report IT security and compliance to regulator.
Mandates a Annual System Audit for exchanges and depositories, revising the audit process, auditor selection, TOR and report guidelines; requires placement of audit reports and compliance status before the Governing Board, submission of the report and entity comments to the regulator, and an MD/CEO declaration certifying IT system security; entities already auditing may follow the 2008 framework, others must adopt the new framework; issued under Section 11(1) to protect investor interests and regulate the securities market.
Minutes of the 49th meeting of the SEZ Board of Approval held on 28th November 2011 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals
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SEZ approvals and conditions: land, contiguity, tax oversight and conditional extensions shape project authorisation.
The Board of Approval administered SEZ governance by granting, deferring, extending, or rejecting approvals and modifications subject to demonstrable land possession, State recommendations, contiguity, refund of tax/duty benefits on de notification, and compliance with revenue and company law. Co developer approvals are without prejudice to tax treatment of lease or premium receipts and Assessing Officers retain rights to examine taxability. Extensions of formal and in principle approvals and LoPs were granted, condoned, or deferred based on project progress, pending litigation, or lack of requisite State permissions, and equity transfers were approved subject to continuity of obligations and furnishing of financial details to revenue authorities.
Implementation of bar coding on export consignments of pharmaceuticals and drugs with effect from 01.10.2011- Clarification regarding export of bulk drugs.
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Barcoding requirement for pharmaceutical exports clarified: applies to finished formulations, not bulk drugs or APIs.
DGFT clarified that the barcoding requirement-one-dimensional barcodes encoding GTIN, Batch Number, Expiry Date and a Unique Serial Number instituted for export consignments effective 1 October 2011-applies only to finished pharmaceutical products (medical formulations) and does not apply to bulk drugs, APIs or intermediates.

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Acts Income Tax