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Circulars
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Procedure to be followed in case of Registration of Duty Credit Script issued under Served from India Scheme Certificate (SFISC); Vishesh Krishi and Gram Udyog Yojana (VKGUY); Target Plus Scheme (TPS); Focus Market Scheme (FMS) & Focus Product Scheme (FPS) -reg.
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Duty Credit Scrip registration requires NO ALERT endorsement, regional genuineness verification, EDI checklist and job number issuance.
Registration requires presentation of licence/scrip to the Licence Section with a request and photocopies; Customs will endorse NO ALERT after consulting the alert list and return the original. Customs must verify genuineness from Regional Licensing Authorities by written/fax request within two working days and await confirmation (typically within a week) until EDI messaging is available. Licence details are entered in the EDI System, a CHECK LIST is generated and verified, and a JOB NUMBER issued; after licensing authority confirmation the Superintendent/Appraiser endorses registration numbers, enabling use of the scrip for duty debiting. Customs units retain authority to investigate registered licences for mis-declaration, fraud or policy violations.
Acceptance of cash payments (in Foreign Currency Notes), for the purpose of fulfillment of export obligation (EO) by Service Providers under EPCG Scheme; as well as for eligibility for SFIS scrips
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Acceptance of foreign currency cash: qualifies for EPCG export obligation discharge and SFIS eligibility with RBI-compliant surrender and records.
Service providers under the EPCG Scheme may count foreign exchange received as cash in foreign currency notes towards their export obligation (EO) and for SFIS eligibility, provided such cash payments are within RBI-prescribed limits, surrendered to Authorized Persons as required, and recorded in a separate register containing the foreign consumers' name, passport number, date and amount received.
Review of cases under Government Route i.e which require prior approval of the Government of India for making foreign investment
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Government-route FDI approval levels revised; ministerial review for mid-level cases, higher cases referred to executive committee.
The Government revised approval levels for Government-route FDI: FIPB recommendations up to a mid-level threshold will be considered by the Minister of Finance (in-charge of FIPB) and recommendations above that threshold will be placed before the Cabinet Committee on Economic Affairs, with the FIPB Secretariat in DEA processing recommendations. Additionally, fresh prior approval is not required for further foreign investment into the same entity where the sector or caps have been moved to the automatic route or increased and the total investment remains within caps, or where earlier approvals were obtained under prior press notes and no other approval requirement exists.
Clarification regarding valuation of free samples of the products covered under MRP based assessment
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Valuation of free samples: MRP-assessed goods must be valued under Rule 4 using Section 4A deemed price for assessment.
Free samples of products notified for MRP assessment are to be valued under Rule 4 of the Central Excise Valuation Rules, applying the deemed price under Section 4A when a normal transaction price is unavailable. This valuation principle, endorsed by CESTAT decisions and Board circulars, requires taking the Section 4A deemed value for similar goods as the reference for free physician and other promotional samples, subject to adjustments for pack size and quantity.
Clarification regarding allowing losses on account of trading in forex derivatives
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Marked to market losses on forex derivatives are disallowed unless settled losses qualify as non speculative eligible transactions.
Allowability of losses from forex derivatives depends on whether they are notional mark to market adjustments or losses on actual settlement. Notional mark to market losses booked in profit and loss are contingent and should be added back for tax purposes. Losses on actual settlement must be examined to determine whether they are speculative; transactions fulfilling the conditions of an eligible exchange traded derivative are not speculative. Assessing Officers should examine accounts, seek breakups of aggregated loss heads, and adjust taxable income as appropriate.
Appoints Common Adjudicating Authority
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Common Adjudicating Authority appointed: assignment of a DRI show cause notice to the Commissioner for customs adjudication.
The Board, exercising powers under the Customs Act, assigns a show cause notice originating from the revenue intelligence function to the Commissioner of Customs (Adjudication) for adjudication, thereby designating a common adjudicating authority and directing operational offices to take note and act accordingly.
Procedure for electronic filing of Central Excise and Service Tax returns and for electronic payment of excise duty and service tax
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Mandatory electronic filing and e payment requirement: taxpayers must use the ACES platform for returns and payments.
Mandatory electronic filing and electronic payment are to be effected through the centralized ACES application which replaces earlier systems. The circular prescribes registration processes for new, existing, non assessee and LTU users, procedures for online/offline and XML return submission, automated validation and acknowledgement protocols, e payment via the EASIEST portal and authorised banks with generation of a challan counterfoil, and the responsibilities and security obligations of assessees including that a return is considered filed only when ACES marks it as 'Filed'.
Acceptance of Manual Return due to change in Form DVAT-16
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Acceptance of manual returns permitted pending statutory amendment; returns to be uploaded after notification for revised form submission.
Acceptance of manual returns is authorized for Form DVAT-16 where amendments to the DVAT Act and Rules remain unnotified; manually accepted returns shall be uploaded into the electronic system upon notification. Manual submissions will be received at Front Office, KCS and Special Zone with the approval of the Commissioner.
Regarding Recovery of drawback amount on the portion of the FOB value of export not realized by the exporter but compensated by ECGC
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Recovery of drawback must be enforced where export proceeds remain unrealized despite ECGC settlement or realization waiver.
Payment of drawback is governed by the Customs Act and Drawback Rules, which require recovery of drawback where export proceeds are not realized; settlements by ECGC or waivers of realization under the Foreign Trade Policy do not exempt exporters from recovery. The Board directs recovery action in all such non realization cases and issuance of Public Notice and Standing Order for guidance.
Registration as supplier/contractor (Civil & Electrical) -reg.
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Supplier/contractor registration requires submission of statutory certificates and credentials under GFR Rule 142(ii) within the prescribed period.
Registration for civil and electrical suppliers/contractors requires application to the New Custom House with prescribed statutory and credential documents; eligibility will be evaluated under GFR Rule 142 (ii) based on credentials, capability, quality control, past performance, after sales service and financial background, and late submissions will not be entertained.
Import of Plastic Waste and Scrap regarding.
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Import of plastic waste requires prior environmental clearance and SPCB consent, with customs verification and sample testing.
Import of Plastic Waste is permitted only with MoEF permission and subject to the Hazardous Waste Rules and DGFT conditions; customs must verify documents, draw and test samples, ensure movement documents, and report illegal traffic. Imports are allowed solely for recycling or recovery and not for disposal; municipal solid waste, post-consumer domestic waste, biomedical waste, or other hazardous wastes must not be mixed with imported plastic scrap. Importing units must keep inventory and residue records and treat non-recyclable residues in an environmentally sound manner per State Pollution Control Board consent, with MoEF clearances valid only while SPCB consents remain valid.
Rebate under Rule 18 on clearances made to SEZs. reg
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Rebate under Rule 18 permitted for supplies from domestic tariff area to special economic zones, subject to prescribed procedure.
Rebate under Rule 18 of the Central Excise Rules is admissible on clearances from the Domestic Tariff Area to Special Economic Zone units; clearance of duty free material for authorised SEZ operations is effected under the SEZ Act and implemented through the excise rebate procedures, with field formations required to follow the existing administrative circular and prescribed documentation and procedural modifications for DTA SEZ supplies.
Amendment of para 2.59 relating to procedure for import under the Tariff Rate Quota Scheme and para 2.59.1 relating to eligible entities for allocation of quota of HBP Vol.I, 2009-2014
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Tariff Rate Quota Scheme amended to set eligible imports and concessional duty treatment, and to specify quota recipients for milk products.
The Tariff Rate Quota Scheme is amended to identify four tariff lines permitted for import at specified annual quotas and concessional customs duty rates. The amendment further revises Part (a) of para 2.59.1 to designate National Dairy Development Board, State Trading Corporation, National Cooperative Dairy Federation, NAFED, MMTC, PEC and STCL as eligible entities to receive allocations for Milk Powder and specified milk fats under the quota.
Periodicity of meetings of Committees of Write off of irrecoverable demands and raising of monetary ceiling - Modification of Instruction No. 16/2003, dated, 18-11-2003
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Write-off of irrecoverable demands: quarterly committee review, raised approval ceiling, and departmental write-off without waiving recovery rights.
Committees for recommending write off of income tax arrears must meet at least once a quarter to review cases ripe for write off, cases under processing and referrals to the Directorate; meetings convened by the senior-most officer must be held by the 15th of the last month of the quarter with reports to reach the higher authorities by the 30th. The Chief Commissioner's monetary approval ceiling for recommending write offs has been raised, subject to reporting to the next higher authority. A departmental write off does not waive the Government's right to recover the debt within thirty years.
E — Payment of Service Tax; E — Filing of Service Tax ST-3 Returns
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Electronic payment of service tax required for high-value assessees; mandates e-filing of returns and rejects manual filings.
Assessees whose Service Tax paid in the preceding financial year meets the specified high-value threshold, including amounts paid by utilization of CENVAT Credit, must deposit Service Tax electronically via EASIEST and file ST-3 returns electronically through ACES with effect from 1 April 2010; manual returns will not be accepted for such assessees. The notice provides facilitation contacts, helpdesk details, and a designated Deputy Commissioner for queries on e-payment and e-filing.
E - Payment of Central Excise Duty; E - Filing of Central Excise ER-1 Returns
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Electronic payment requirement mandates e-payment and mandatory e-filing of central excise returns for high-value assessees from specified date.
Mandates electronic payment of central excise duty and electronic filing of ER-1 returns for assessees who in the preceding financial year exceeded the prescribed duty threshold, including amounts paid by utilization of CENVAT Credit. Deposits must be made through the EASIEST internet-banking mechanism and returns submitted via the ACES portal from 1 April 2010; manual payments and paper returns will not be accepted for such assessees.
Test reports by the Textile Committee
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Textile testing timelines: samples must be forwarded next working day and enquiries made only after four working days.
Samples for textile testing must be forwarded to the Textile Committee on the subsequent working day and forwarding will be monitored by the Additional Commissioner (Docks). The Textile Committee typically needs two to four working days to complete tests; because charges vary with test extent, importers and CHAs should inquire with the Committee only after four working days. Prescribed sample sizes: fabrics one metre by full width; garments one adult or two small/infant; yarns one bobbin.
Import of Ships (Vessels) & other moveable capital goods etc. if imported under SFIS Scheme of FTP and their installation, clarification thereof
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Import of ships under SFIS: installation certificates not required; ships treated as moveable capital goods and permitted under the scheme.
Ships and other moveable capital goods imported under the SFIS scheme are permitted as capital goods for the shipping sector; the FTP vehicle exclusion introduced from the 2005-06 foreign exchange earning period does not apply to ships. Because ships are moveable capital assets and are registered to obtain Indian flag status, Customs shall not insist on an installation certificate for such imports. The non requirement of installation certificate extends to EPCG imports by service providers of moveable capital goods.
Verification Mechanism and monitoring of export obligation under duty exemption / reward Schemes - reg.
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Export obligation verification under duty exemption schemes requires random checks, acceptance of discharge certificates absent intelligence, and quarterly reporting.
Customs must verify export obligations under EPCG, Advance Authorization, DFIA and Chapter 3 duty credit scrips through submission and random checking of installation certificates and shipping bills, accept Export Obligation Discharge Certificates absent specific intelligence of misuse, and report quarterly on discrepancies; where obligations are unmet EPCG requires payment of proportionate duty with interest and timely action to safeguard revenue and facilitate bond/bank guarantee redemption.
Circular for Mutual Funds
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ASBA for mutual fund NFOs expanded and NFO period shortened, with stricter disclosure and dividend accounting controls.
Mutual funds must disclose brokerage and commission paid to sponsors and related parties in a prescribed format; ASBA is extended as an additional payment mode for NFOs, NFO period is reduced to 15 days with investment of proceeds only after NFO closure and allotment/refund/statement dispatch within five business days; Unit Premium Reserve cannot be used for dividend distribution and AMCs must disclose voting policies and proxy votes, must not charge additional management fees on no-load schemes, and Fund of Funds AMCs may not enter into revenue sharing with underlying funds.

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