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Circulars
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Clarification on levy of National Calamity Contingent Duty (NCCD) on Cellular/mobile Phones on the basis of MRP/Retail Sale Price — regarding
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NCCD on mobile phones must be levied on MRP/RSP, aligning import duty valuation with excise MRP assessment.
NCCD on imported cellular/mobile phones must be charged on the basis of MRP/RSP where MRP declaration is required and the product is listed for MRP-based excise assessment. The Customs Tariff classification incorporates cellular and wireless telephones within the heading for telephone sets, so such phones fall under the notified description for MRP-based additional customs duty; NCCD follows the same MRP/RSP basis. Field formations should finalize pending assessments accordingly and notify trade and industry.
Filing of claim for refund of service tax paid under notification No. 41/2007-ST dated 6/10/2007 - reg.
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Refund of service tax on export related services: claims governed by notification timing and procedural evidence rules.
Refunds under Notification No. 41/2007 ST are subject to its operative conditions: the limitation period is computed from the date of export and was extended to six months; refunds are prospective and not available for services received before notification. Procedural rules: compute refunds on gross remittances without deducting bank commissions; accept certified consolidated FIRCs with reconciliations or certified bank statements where FIRCs are not issued; accept certified copies of documents unless originals are needed for in depth inquiry. Refunds are assessable on services used for export notwithstanding supplier registration gaps.
Systems Alert for Monitoring Realization of Export Proceeds in EDI
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Exporters must submit six-monthly bank realization certificates or negative statements under EDI monitoring to support drawback claims.
Exporters claiming drawback must declare Authorized Dealers at each port and submit six monthly Bank Realization Certificates (BRCs) or certified negative statements from the AD or chartered accountant identifying shipments outstanding beyond the prescribed or extended realization period; the ICES BRC module will generate due dates, track submissions AD wise by LEO date, and enable Customs officers to identify pending shipping bills and initiate recovery where certificates are not furnished.
Clarification regarding deduction under section 10B
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Exemption for fully export-oriented undertakings follows delegated approvals once those approvals are ratified by the Board of Approval.
The income-tax exemption for fully export-oriented undertakings under section 10B depends on statutory approval; after delegation, Development Commissioners issue approvals, and approvals they grant for units in Export Processing Zones are valid for the exemption once ratified by the Board of Approval for the EOU Scheme.
Accounting of collection of Service tax and Central Excise duties — Procedures revised
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Major Head wise accounting replaces commissionerate wise scrolling for physical excise and service tax collections, requiring PAO wise remittance and put through statements.
Dispensation of Commissionerate wise scrolling for physical Central Excise and Service Tax receipts and substitution by PAO wise and Major Head wise scrolls and remittances is mandated; banks' link cells and RBI are to prepare put through statements PAO wise and Major Head wise and implement revised scrolling without changing existing banking arrangements.
Accounting of collection of Service tax and Central Excise duties — Procedures revised
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Major head wise remittance required: banks must adopt PAO-wise scrolling and prepare PAO-wise put-through statements for settlement.
Accounting for physical collection of Central Excise and Service Tax will dispense with Commissionerate-wise scrolling; banks must scroll receipts and remit funds on a PAO-wise and Major Head-wise basis, and prepare PAO-wise and Major Head-wise put-through statements for settlement with RBI and Pay and Accounts Offices, without altering existing banking arrangements.
Accounting of collection of Service tax and Central Excise duties — Procedures revised
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Dispensing with Commissionerate-wise scrolling: banks must adopt PAO-wise, Major Head-wise remittance and put-through statements.
Revision mandates dispensing with Commissionerate-wise scrolling and requires banks to scroll, remit and generate put-through statements PAO-wise and Major Head-wise; scrolls may include receipts from any Commissionerates under a PAO's accounting jurisdiction. The change, effective 1 April 2009, preserves existing banking arrangements while directing link cells and RBI to effect PAO-wise Major Head-wise remittances and put-through statements to improve reconciliation among PAOs, bank focal point branches and RBI CAS Nagpur.
Memorandum of Instructions governing money changing activities
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Money changing regulation consolidated: updated AML and operational requirements now mandatory with statutory penalties for non compliance.
Consolidated instructions rationalise prior circulars and the Anti Money Laundering Guidelines into an annexed set of directions for Authorised Money Changers covering licence conditions, permitted transactions, customer identification, record keeping and AML safeguards; compliance is mandatory under Section 10(4) and Section 11(1) of the Foreign Exchange Management Act, 1999, with penal consequences under Section 11(3) for non compliance.
Applications for Refunds relating to export duty; procedure - reg.
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Export duty refund procedure: file duplicate Form No. 102 with prescribed supporting documents to meet statutory time limits.
Applications for refund of export duty must be filed within the statutory time limits and submitted in duplicate on Customs Series Form No. 102, accompanied by the enclosures required for scrutiny and admissibility. Annexure A lists the mandatory supporting documents, including agent authorization, shipping bills, signed working sheets and invoices, short shipment and mate receipts, contracts or LCs, survey and custodian certificates (bank realization and short delivery), money receipt for duty, proof of bond cancellation, pre shipment inspection certificate, and any other relevant documents.
Amendments in the Handbook of Procedures (Vol. I) RE-2008)
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Export obligation extension for advance authorizations: automatic extension granted without composition fee, no further extensions beyond deadline.
The Handbook of Procedures amendment replaces paragraph 4.22.1 to provide that for advance authorizations relating to specified raw sugar imports where export obligation is unfulfilled, the export obligation period is automatically extended to a later cutoff date without payment of a composition fee, and no further extension shall be allowed beyond that cutoff date.
ACES - New software application rolled-out in phases from 12.03.2009 in Service Tax Commissionerate, Chennai -reg.
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Tax administration automation via ACES enables online registration and electronic filing with system validation and status tracking.
Implementation of the workflow-based ACES application to automate Central Excise and Service Tax processes, replacing legacy systems and enabling on-line assessee registration, electronic filing of statutory returns and related claims, document status tracking and business alerts. ACES supports distinct user categories (new, existing, non-assessee, LTU), prescribes registration and document submission procedures, offers online and offline return filing with ACES validation and status reporting, and is designed to accept digital signatures though that feature will be inactive initially.
Amendment in the Schedule-2 of ITC (HS) Classification of Export and Import Items, 2004-09
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Trade Quota Allocation for white sugar to EU requires designated exporter and Customs and GSP certification before shipment.
A white sugar export quota to the European Union is allocated under the Foreign Trade Policy and identified by HS Code 17010000; M/s Indian Sugar Exim Corporation Limited is designated as the export agency for the ACP India preferential quota. EUR documentation must be endorsed by Customs at the port of shipment and the GSP certificate must be issued by the Export Inspection Agency or the Directorate General of Foreign Trade, with application of Regulation (EC) No. 950/2006 to complementary sugar entries and a later substitution of the certification text noted.
Streamlining of import work flow at ICD - Reg.
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Authorized signatory controls for import clearance mandate verified card-holder signatures and recording of agent identity for security compliance.
Imposes authentication and signature controls for CHAs, shipping agents and custodians at ICD Bangalore: designated personnel must be nominated and countersigned by a Customs Officer; most clearance actions (IGM submission, annexures, checklists, query replies, BE processing, examinations, OOC and document handling) are limited to F/G card holders who are authorised signatories, with H card holders subject to conditions. Authorized signatories must print name and card number below signatures; Customs staff and custodians must verify cards and record the CHA's name and card number in registers and departmental systems. Applicable only to CHAs; effective 9 March 2009.
Streamlining of import work flow at ACC - Reg.
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Cardholder eligibility expanded to include experienced H card holders for cargo examination and clearance with recording requirement.
Amendment permits F/G card holders who are authorised signatories and H card holders with at least two years' H card tenure to perform cargo examination and receive Out of Charge (OOC). Customs officers must record the attending CHA's name and card number in the system. All other conditions of the Trade Facility stay unchanged.
Notification No 94 (RE-2008)/2004-2009 - Amends Schedule - I (Imports) of the ITC (HS) Classifications of Export and Import Items, 2004-09
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Tariff classification alignment: ITC (HS) codes aligned with Customs classifications, with no change to current import policy.
Notification aligns ITC (HS) codes with Customs classifications, directing Licensing Authorities and Commissioners of Customs to apply the revised Schedule I (Imports) nomenclature; it expressly states that no change to existing import policy for items covered by the Notification is intended.
Guidelines for import of Rough Blocks and Slabs of agglomerated/artificial stones for the year 2008-09
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Import licence flexibility permits substitution of rough marble blocks for agglomerated stone imports, subject to licence conditions and floor prices.
Licence holders for rough/unprocessed blocks and slabs of agglomerated/artificial stones may opt to import rough marble blocks/slabs instead of the originally licensed items, subject to all applicable import conditions including floor prices; eligible entities must secure an endorsement on their licences from the relevant licensing authority within the specified short period.
Guidelines for import of Rough Marble Blocks and Slabs for the year 2008-09
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Import quantity enhancement permits rough marble licence increases up to 25%, usable after start of the new financial year.
Licence holders for 2008-09 may apply to the concerned Regional Authority to increase their rough marble blocks and slabs import quantity by up to 25% of the original licence; the enhanced quantity is subject to all conditions of the relevant circular, must be endorsed on the licence, and may be utilized or imported only after 1.4.2009.
Amendments in the Handbook of Procedures (Vol.1) (RE-2008) Revalidation of DFIA
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DFIA revalidation permitted for affected authorisations after endorsement, subject to timely requests and absence of fraud.
Revalidation of Duty Free Import Authorisations issued between 1 May 2006 and 31 March 2007 is permitted for six months from the date of endorsement, including those with transferability; requests must be made to the issuing Regional Authority within thirty days of this Public Notice and will be endorsed within seven working days, and the facility is not available where misrepresentation or fraud is detected.
Procedure for import of Vegetable Fats (Vanaspati Ghee) under India-Nepal Trade Treaty 2002
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Tariff rate quota allocation under India Nepal Treaty requires TRQC and Certificate of Origin for duty free vanaspati imports.
Procedure permits duty-free import of Nepalese Vegetable Fat under the India Nepal Trade Treaty within the Tariff Rate Quota, subject to canalization and documentary conditions. The Nepal Department of Commerce allocates annual TRQ to manufacturers, subdivides it into quarterly allocations, and communicates quotas to DGFT. Imports against quota require a duplicate Tariff Rate Quota Certificate (TRQC) and a Certificate of Origin (COO) issued by the Nepalese authority; unused quarterly quota cannot be carried forward and importation is limited to specified Land Custom Stations.
Amendments in the Handbook of Procedures (Vol.1) (RE-2008)
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Market-linked focus product exports authorised for specified leather and apparel shipments to EU and USA under amended procedure.
Amendment to Handbook of Procedures (Vol. I, RE-2008) adds Table 14 to Appendix 37D designating leather products (per Table 1 of Appendix 37D) and apparels (ITC HS 61, 62) as Market Linked Focus Products, linking them to EU (27 countries) and USA markets and specifying the admissible export period from 1 April 2009 to 30 September 2009.

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