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Circulars
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Adoption of 8 Digit Customs Code-Reg.
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Adoption of expanded customs classification code unifies commodity classification across trade agencies to streamline trade procedures.
An 8 digit customs classification code, based on the six digit Harmonised System and subdividing certain entries to eight digits, will replace the current six digit code from 1 February 2003 for commodity classification only; headings, sub headings and notes remain unchanged, the change does not affect duty rates or importability, and the code will be adopted uniformly by Customs, DGFT and DGCIS to harmonize classifications and enable computerized data sharing.
EDI System - Updating of, in wake of revision in Duty Drawback
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Duty drawback rate update must be reflected in EDI systems to prevent incorrect claim settlements and supplementary filings.
Revision of the duty drawback rates and certain Drawback Schedule entries requires immediate incorporation into the EDI System directories; some field units are still clearing claims at old rates, causing exporters to file supplementary claims. Field formations are instructed to update EDI immediately and to maintain timely updates for any future Drawback Table changes to prevent incorrect settlements and delays.
Computation of DEPB rates with the incidence of SAD
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DEPB rate computation now includes deemed import content and both basic customs duty and SAD in duty credit calculation.
Duty credit under the Duty Entitlement Passbook Scheme (DEPB) shall be computed by reference to the deemed import content under SION and by including both basic customs duty and special additional duty (SAD) payable on those deemed imports; value addition by export must also be considered. The worksheet for DEPB rate computation is amended to list inputs, CIF values, and separate rates for basic duty and SAD, and to compute effective duty per input as CIF x (basic duty rate + SAD rate), with totals used to fix the DEPB rate.
case of misuse of Duty Drawback Scheme where the exporters tried to avail benefits of Drawback Scheme by misdeclaring export goods as ‘leather harness’ whereas on an actual examination the consignments were found to contain rags of leather hunters/whips on which no drawback is admissible
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Misuse of Duty Drawback Scheme: customs alerted to prevent misdeclaration of exports as eligible leather harness goods.
Misuse of the Duty Drawback Scheme was detected where exporters misdeclared consignments as leather harness but examinations found rags of leather hunters/whips ineligible for drawback; a Preventive Commissionerate made the case and a related container was detained, and customs field officers are instructed to be alert to this modus operandi and acknowledge the circular.
Duty drawback rates for Non-Alloy steel and Alloy steel forgings – regarding
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Duty drawback: Cenvat allowed for non steel inputs in forgings without denying drawback where claimed.
Drawback rates for non alloy and alloy steel forgings under SS Nos. 73.29 and 73.30 were based only on duty incidence on steel; therefore exporters may avail Cenvat for inputs other than steel without causing double benefit, and drawback should not be denied where such Cenvat has been claimed. Pending cases should be decided accordingly and public notices and standing orders issued.
Excise Duty on Steel Formers consumed captively in Induction Furnace - regarding.
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Excise liability on captive consumption of steel formers affirmed where excluded from captive-consumption concession during compounded levy period.
Steel formers used in induction furnaces are an excisable commodity classifiable as hollow profiles and, being physically consumed and incorporated into ingots and billets, constitute inputs. Amendments excluding ingots and billets from the captive-consumption concession mean internally manufactured inputs consumed in producing those products do not receive the concession and are liable to excise duty; this applied to units operating under the compounded levy scheme while it was in effect.
ON-LINE MODE OF FILING APPLNS
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Online advance licence filing guidance clarifies selection steps to ensure correct file number generation and section routing.
Guidance requires exporters to update the DES MASTER DETAILS and use the SION STATUS selector: select "NO NORMS COMMITTEE" and do not click Direct Approval for no norms cases to route to ZALC; select "SION" and click Direct Approval for norms fixed cases to route to the appropriate licensing section. Generated file numbers indicate the processing section and should be checked after submission.
Foreign Exchange Management (Insurance) Regulations, 2000 - Life Insurance Memorandum (LIM)
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Foreign exchange rules for life insurance allow foreign currency claims to be credited to RFC and NRE/FCNR accounts under prescribed conditions.
The memorandum applies foreign exchange regulations to all IRDA registered life insurers and prescribes issuance, premium collection and claims settlement rules: foreign currency policies and rupee policies have defined funding and conversion conditions; claims in foreign currency may be paid proportionate to foreign currency premia and credited to NRE/FCNR or RFC accounts as applicable; rupee policy proceeds paid in non repatriable rupees must be credited to NRO accounts. Reinsurance is board approved with authorised dealers permitted to remit under approved terms. Insurers may maintain foreign currency accounts abroad, repatriate surplus funds, use overseas balances for normal overseas expenses and certain employee benefits, and make specified overseas investments without prior approval.
06/2003 - 17-01-2003 Companies Law
Circulation of the Companies (Amendment) Act, 2002 on Producer Companies.
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Circulation of Companies Amendment Act: copy forwarded to regional directors and registrars for information and necessary action.
The Department of Company Affairs transmits a copy of the Companies (Amendment) Act, 2002 as published in the Gazette to all Regional Directors, Registrars of Companies and Official Liquidators for information and necessary action, and requests recipients to acknowledge receipt and use the enclosed amendment for implementation and dissemination.
04/2003 - 16-01-2003 Companies Law
Debenture Redemption Reserve (DRR)- Clarification
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Debenture Redemption Reserve requirement for NHB registered housing finance companies applies to public debentures but not to private placements.
Clarification of the Debenture Redemption Reserve (DRR) for housing finance companies registered under the housing finance directions: adequacy of DRR for debentures issued through public issues is fixed at fifty percent of the value of such debentures, while no DRR is required for privately placed debentures issued by those companies.
03/2003 - 16-01-2003 Companies Law
Amendment to From 25A and 26 of the Companies Act, 1956.
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Amendment to company forms updates filing requirements; notification circulated for compliance and acknowledgement by registrars.
Circular transmitting Gazette Notification G.S.R. 5(E) dated 03.01.2003 amending Form No.25A and Form 26 under the Companies Act, 1956; directed Regional Directors and Registrars of Companies to note the amendments, implement necessary procedural adjustments to filings, and acknowledge receipt.
DTA sales of non ITA-1 items, website for EOU/ SEZ, addition of AEZs, notification of EPC for EOU/ SEZ
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EOU web presence requirement: new units must have website and permanent email before LUT execution, limiting imports and DTA sales.
All EOUs must maintain a dedicated website and permanent e-mail; LUT execution for new units is conditional on these facilities and Development Commissioners may withhold imports and DTA sales if absent. Appendix 14B lists non ITA I items permitted for DTA sale, including colour display tubes and deflection components. Restrictions on polyester yarn units prohibit job work with EOU/EPZ/DTA (with limited dyeing exception) and mandate direct exports, while detailed procedures govern sale of surplus power and additions are made to Agri Export Zones and the Export Promotion Council list.
Maintenance of records by First Stage and Second Stage dealers and pre- authentication of invoices issued by Second Stage dealers/ dealers of imported goods-reg.
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Pre-authentication of invoices is not required; dealers must maintain records for Cenvat credit eligibility.
Maintenance of records by first stage and second stage dealers is required for entitlement to input credit under the Cenvat Credit Rules; dealers must keep records showing supplies from duty-paid stock and pro rata duty indicated on invoices. There is no statutory provision for pre-authentication of invoices issued by second stage dealers or dealers of imported goods by Central Excise officers, and such pre-authentication should not be insisted upon.
05/2003 - 14-01-2003 Companies Law
Disqualification of Directors under Section 274(1)(g) of the Companies Act, 1956 – Clarification.
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Director disqualification: defaults on privately placed debt by public financial institutions will not trigger disqualification.
Defaults on privately placed bonds, debentures or other privately issued debt instruments by public financial institutions shall not be treated as defaults that disqualify directors under the Companies Act; this clarification, issued in continuation of Circular No. 8/2002, is directed to Regional Directors and Registrars of Companies for administrative guidance.
Warehousing – Grant of extension of warehousing period by Chief Commissioners under Section 61 of the Customs Act, 1962
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Extension of warehousing period allows re-export despite expiry, subject to prior warehouse period extension by authorities.
Where an importer requests re-export of goods despite expiry of the permitted bonding period and issuance of demand notices, re-export may be permitted provided the period of warehousing is first extended under the relevant provision to allow export within the newly permitted period.
Acquisition of immovable property outside India- Branches/trading offices overseas
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Acquisition of immovable property abroad: Indian corporates may purchase overseas premises with prior central bank permission.
Indian resident companies with overseas offices may acquire immovable property abroad for business and staff residential purposes only with prior permission of the Reserve Bank. Applications, submitted through an authorised dealer to the Chief General Manager, Exchange Control Department, must use the annexed form furnishing corporate details, overseas office establishment date, audited net worth, overdue export receivables, property particulars and purpose, remittance amount, source of funds and any investigations. Permission is time limited and subject to conditions and forthcoming amendments to the Foreign Exchange Management Regulations, 2000.
External Commercial Borrowings - Parking of funds abroad
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Parking of ECB funds abroad permitted with restrictions on use, documentary import support, reporting, and repatriation obligations.
Corporates raising External Commercial Borrowings may retain borrowed funds abroad in bank accounts for future forex requirements provided debits are only for approved purposes, payments to overseas suppliers are supported by import documents with certified evidence of imports submitted with the ECB2 return, parked deposits are not used to provide fund based or non fund based facilities in India, accounts are closed and unspent balances repatriated when requirements are met, and specified account details are submitted to the Reserve Bank through the authorised dealer within eight days of opening.
Retention of Proceeds of ADRs/GDRs abroad
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Retention of ADR/GDR proceeds abroad permitted: firms may hold and invest foreign proceeds in specified rated bank and treasury instruments, subject to reporting.
Indian issuers of ADRs/GDRs may retain proceeds abroad to meet future forex needs and may invest those funds in deposits or certificates of deposit with banks rated not less than AA(-)/Aa3, deposits with branches outside India of authorised dealers, and treasury bills and monetary instruments of up to one year maturity meeting the same rating criteria; corporates must report details in soft copy to the Chief General Manager, Exchange Control Department within 30 days of issue closure.
Acquisition of Foreign Securities by Resident Individual under ESOP Scheme
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Removal of monetary cap on ESOP remittances permits resident individuals to acquire foreign securities under specified conditions.
Authorised dealers may permit resident individuals to remit for purchase of foreign securities under ESOP schemes without a specified monetary limit, subject to the shares being offered at a concessional price and the foreign equity in the Indian company meeting a majority ownership requirement; the relaxation is interim and subject to review, with regulatory amendments to follow and directions issued under the Foreign Exchange Management Act.
Facilities to NRIs/PIOs and Foreign Nationals - Liberalisation
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Repatriation limit for NRI/PIO and foreign-national assets liberalised, with enhanced annual remittances subject to undertaking and exclusions.
Authorised dealers may allow repatriation from NRO accounts and sale proceeds of assets up to USD 1 million per calendar year for NRIs/PIOs and foreign nationals, consolidating prior purpose-specific limits and requiring the undertaking and certificate prescribed in earlier circulars. Prohibition on repatriation to citizens of specified countries continues, the measure is time-limited and subject to review, and necessary amendments to the Foreign Exchange Management Regulations, 2000 are being issued.

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