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Circulars
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Overseas Investments
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Overseas investment relaxations allow residents to invest in specified foreign listed companies subject to conditions and reporting.
Residents may invest in equity of foreign companies listed on recognised exchanges where those companies hold at least ten per cent in an Indian listed company; corporates' investments are limited by a ceiling tied to net worth, individuals may invest without monetary limit, and mutual funds may invest subject to enhanced overall external limits and prior regulatory permissions. All transactions must be routed through authorised dealers, who must verify conditions, retain investor and investment details, and submit monthly remittance and net investment reports to the Reserve Bank.
01/2003 - 13-01-2003 Companies Law
Reopening/revision of annual accounts after their adoption in the annual general meeting.
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Reopening of annual accounts permitted to comply with other laws, with revisions adopted in a general meeting and filed.
Companies may reopen and revise adopted annual accounts to comply with technical requirements of other laws and to achieve a true and fair view; revised accounts must be adopted in an extraordinary general meeting or the subsequent annual general meeting and filed with the Registrar of Companies.
Back to back L/C against DFRC, EO extension under AL, condition for import/ export
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Export obligation extensions now subject to staged composition fees and strict eligibility, with back-to-back inland LCs allowed for DFRC holders.
The notice makes Countries of Imports/Exports subject to ITC (HS) Schedule II conditionality; confirms Advance Licence and DFRC holders may obtain back to back inland LCs from banks in favour of indigenous suppliers; and revises EO extension rules to permit staged extensions on payment of composition fees calculated on the higher of two measures of unfulfilled obligation, while excluding erstwhile value based licences and licences tainted by misrepresentation, fraud or adjudication orders.
Base for computation of the DEPB rate when the exchange rate on the date of “let export” exceeds the actual realisation rate
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Use of notified exchange rate ensures DEPB credit is calculated based on the let export date rate despite lower realisation.
The Ministry of Finance notified exchange rate applicable on the date of "let export" is to be used to convert foreign currency export receipts into rupee equivalents for DEPB credit computation; if that notified rate exceeds the rate actually realised, the notified rate nonetheless governs DEPB calculations and regional licensing authorities must apply it per Handbook of Procedures (Vol I) para 4.43.
02/2003 - 09-01-2003 Companies Law
Participation of Cost Auditor in the meetings of Audit Committee to be constituted under Section 292A of the Companies Act, 1956 - clarification reg.
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Cost auditor participation in audit committee meetings permitted as non-member attendee with no voting rights.
Cost auditors may be invited to attend and participate in audit committee meetings to assist on cost management and related matters but are not members and have no voting rights. The audit committee is to be constituted only from directors; auditors and internal auditors may attend to present views, and where a cost auditor acts as an internal auditor they may participate without voting. Any view that cost auditors can be committee members is incorrect.
Export of excisable goods without payment of duty-
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UT-1 renewal requirement: timely application enables immediate acceptance but renewal is subject to post-facto verification and cancellation.
Renewal of UT-1 for export without payment of duty requires application with the prescribed statement of exports and supporting proof of duty/interest payment and export documents to the Assistant/Deputy Commissioner of jurisdiction; the authority is to renew promptly, after which the jurisdictional Range Officer may conduct post facto verification and report any false statements, leading to cancellation and action under law.
Amendment in import policy
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Tariff rate quota allocation updated; application deadline extended and prior import modalities remain unchanged procedures.
The amendment revises the procedure for allocation of the Tariff Rate Quota (TRQ) for 2002-03 by substituting the last line of paragraph 2 of the earlier public notice to require that completed application forms together with prescribed documents must reach the Office of the Directorate on or before 22nd January, 2003. All other allocation modalities, eligibility criteria and procedural requirements previously prescribed remain unchanged.
Classification of Services.
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Service classification: more specific service category determines tax applicability, preventing double taxation across overlapping services.
Any service transaction is taxable only once and must be classified under the single service category that best fits the substance of the transaction; the more specific category prevails when categories overlap. A provider rendering multiple taxable services requires one registration endorsed for each taxable service and must discharge tax for each separately. The competent Central Excise officer must decide classification on merits; pending issues may be disposed of under these guidelines and past cases need not be reopened.
Order under section 119(2)(a) of IT Act 1961 regarding waiver of interest u/s 158BFA(1)
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Waiver of interest allowed where filing delay caused by seizure or requisition, provided return filed and tax paid.
Administrative authority is given to the Chief Commissioner or Director General to reduce or waive interest where delay in filing is due to seizure or requisition of books, documents, or assets and the delay is not reasonably attributable to the assessee. Relief is conditional on filing the return before completion of assessment and payment of the entire assessed tax except the interest sought to be waived; additional conditions may be imposed.
SUGGESTION SCHEME
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Suggestion scheme invites stakeholder proposals for administrative improvement; accepted suggestions will be reviewed at appropriate levels and recognized publicly.
Suggestion scheme invites employees and trade stakeholders to submit proposals by suggestion box or email to the Head of Office; submissions will be examined at the appropriate administrative tier (regional, zonal or headquarters) and, if suitable, implemented, with accepted contributors formally informed and commended.
Foreign Exchange Management Act, 1999 – Advance Remittances for Services to be Rendered
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Advance remittances for services: authorised dealers may permit higher payments subject to overseas bank guarantees and repatriation compliance.
Authorised dealers may allow advance remittances for admissible current account imports of services up to an increased threshold without prior central approval. For advance amounts exceeding that threshold, a bank guarantee from a bank of international repute or an authorised dealer guarantee backed by an overseas counter guarantee must be obtained, and dealers must ensure contractual performance by the beneficiary or secure repatriation of the advance.
Time frame for payment of atleast 50% of the principal fees payable by stock brokers
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Broker fee compliance: transitional partial-payment concession ends and members must remit fees under turnover-based rules.
Brokers were permitted, under a transitional concession, to remit at least 50% payment facility of principal fees payable on turnover for cash market activity and execute an undertaking to pay the balance with interest within a deferred period; exchanges must inform members that this concession will terminate after the stated deadline and that fees must be remitted in conformity with the Stock Broker Regulations.
Hon’ble Supreme Court’s judgment in the case of CCE, Bombay vs M/s Maharashtra Fur Fabric Ltd reported in 2002(145)ELT 287(SC).
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Exemption exclusion for processed knitted fabrics: processes akin to tentering deprive such fabrics of the notification benefit.
The proviso to the notification precludes nil rate exemption for knitted or crocheted manmade textile fabrics subjected to listed finishing operations or to "any other process"; applying the ejusdem generis rule, the term "any other process" must be read in the same sense as the specified processes, so processes akin to tentering fall within the proviso and bar the benefit of the notification.
Payment of rebate amount of the duty paid from Cenvat credit account in cash-reg.
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Refund of duty paid through Cenvat credit accounts must be made in cash, not retained as credit balances.
Reaffirms that rebate or refund of duty paid on exported goods from Cenvat/Modvat actual or deemed credit accounts must be refunded in cash and that the sanctioning authority has no discretion to deny cash refund or convert it into credit balances; field formations are to inform trade and implement this position.
Amendments/ Corrections in the Schedule of DEPB Rates
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Amendments to DEPB rates alter export entitlement rates and value caps for multiple product groups and entries.
Amendments to the DEPB rates schedule revise DEPB rates and associated value caps for specified export products across Product Groups including Engineering, Chemicals, Textiles, Sports Goods and Miscellaneous, through additions, corrections and deletions; listed corrections and referenced earlier amendments are stated to come into effect from 1.4.2002.
Amendments/ Addition in SION
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Suspension of Standard Input Output Norms permits exporters to obtain advance licences on self-declaration under the Duty Exemption Scheme.
The Standard Input Output Norms at Sl. No. C-381 are suspended pending review by the Advance Licensing Committee; during suspension exporters may obtain advance licences under the Duty Exemption Scheme on self-declaration under paragraph 4.7 of the Handbook of Procedures from the Regional Licensing Authorities.
Amendments/ Addition in SION
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Amendments to Standard Input Output Norms update permitted import inputs and quantities for export products, adding new SION entries.
Director General of Foreign Trade amends the Standard Input Output Norms by directing corrections, substitutions and deletions to existing SION entries and by adding new SION entries across Chemicals & Allied Products, Engineering Products, Food Products and Plastic Products. Amendments restate input-component lists, permitted quantities, alternative input options, net-to-net accountability clauses, packaging and consumables provisions, and cif-value limits for certain inputs; the Handbook of Procedures, Vol.2 is to be updated accordingly.
Duty drawback rates for Non-Alloy steel and Alloy steel forgings – regarding
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Customs component allowance of duty drawback permitted where exporters have availed Cenvat, subject to preventing excise duplication.
Clarification authorises allowance of the Customs component of composite duty drawback rates for SS No.73.29 and 73.30 where exporters have availed Cenvat, noting the non-availment condition was intended only to prevent duplication of the Central Excise component; pending cases should be decided accordingly and public notices and standing orders issued for guidance.
Provisional release of seized goods and execution of B-8 Bond - reg.
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Provisional release of seized goods: continue using the B-11 bond; B-8 reference corrected as inadvertent officially.
The Circular corrects an inadvertent reference to the erstwhile B-8 Bond in instructions on provisional release of seized goods, noting B-8 was used for concessional-duty goods for special industrial purposes. It clarifies that the previously used B-11 Bond continues to be the appropriate instrument for provisional release under existing instructions, and that references to the old rules should be updated to the current rule set. Trade and field formations are to be informed and to acknowledge receipt.
Blending of Petrol with Ethanol - excise duty exemption - regarding
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Excise duty exemption for ethanol blended petrol creates concessional surcharge and duty exemptions for 5% blends.
Excise duty treatment for petrol blended with ethanol is modified to promote manufacture of 5% ethanol blended petrol by exempting the blended product from central excise duties, Special Additional Excise Duty and Additional Duty of Excise where duties on the blended fuel have been paid, and by prescribing a concessional rate of Special Additional Excise Duty on motor spirit when intended for manufacture of that blend; the blend is defined by volume and must conform to the relevant BIS specification.

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