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Circulars
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Finance Act, 2007 - Explanatory Notes on provisions relating to Direct Taxes
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Direct tax amendments expand definitions, clarify deemed source income, and revise rates, exemptions and compliance rules.
The Finance Act, 2007 enacts broad amendments to direct tax law: it prescribes income tax and withholding rates with surcharge and cess mechanics; expands the definitions of Assessing Officer and India; inserts an Explanation to treat certain income as deemed to accrue in India irrespective of territorial nexus; widens capital asset scope to include works of art; creates new targeted exemptions and sectoral deductions; confines SEZ benefits to new units; revises deduction and valuation rules (notably for research, health premiums, co operative banks and ESOPs/FBT); strengthens anti evasion, audit and penalty provisions in search matters; and reforms procedural, transfer pricing and settlement time limits with specified applicability dates.
GUIDELINES FOR FOREIGN INVESTMENT IN COMMODITY EXCHANGES
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Foreign investment in commodity exchanges permitted under a composite FDI/FII ceiling with government approval and ownership limits.
Permits foreign investment in commodity exchanges via a composite ceiling combining foreign direct investment and registered FII portfolio investment, subject to recognition under the Forward Contracts (Regulation) Act. Aggregate foreign investment is capped under the composite ceiling, FDI requires prior government approval, FII purchases are limited to the secondary market, and no foreign investor or persons acting in concert may exceed a prescribed low-percentage equity holding.
GUIDELINES FOR FOREIGN INVESTMENT IN CREDIT INFORMATION COMPANIES
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Foreign investment limits in credit information companies require prior government approval and RBI clearance for participation.
Foreign investment in Credit Information Companies is permitted under the Credit Information Companies (Regulation) Act, 2005, with FDI and registered FII portfolio investment allowed up to 49% subject to prior Government approval and RBI regulatory clearance, and additional limits and conditions apply to FII participation in listed CICs.
Eligibility criteria, market structure and governance of Derivative Exchange
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Governance transparency: exchanges must file biannual committee membership, appointment details and member bios to regulator.
Exchanges must submit half yearly disclosures listing names of members of governing and clearing committees, their categories, and appointment dates, and provide complete bio data evidencing professional competence and experience related to securities and derivatives markets, including statutory committees such as the Disciplinary Action, Arbitration and Defaulters Committees.
Instructions to registered Merchant Bankers
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PAN number requirement: quote PAN without photocopy; merchant bankers must ensure acceptance and manage complaint redressal.
Applicants must quote PAN number on application forms but are not required to attach PAN photocopies; Merchant Bankers must ensure collection agents accept applications without photocopies and are responsible for compliance. For complaints on offer documents, Merchant Bankers must independently examine and respond to complainants, rectify inadequate disclosures and inform SEBI, and confirm to SEBI that issuer clarifications and disclosures are satisfactory and compliant with SEBI (DIP) Guidelines.
Amendment to Circular No. 97/8/2007-ST dated the 23rd August, 2007 - Power of adjudication of Central Excise Officers- instructions reg.
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Adjudication authority limits revised to equalize Joint and Additional Commissioners; redistribution and strict timelines mandated.
Joint Commissioners' monetary adjudication limit is raised to equal Additional Commissioners' limit, enabling Joint Commissioners to adjudicate cases within that monetary band. Pending cases may be redistributed among Joint and Additional Commissioners, but where a personal hearing has already been held the same officer must pass the order, normally within one month. Reallocation tasks, issuance of corrigenda to Show Cause Notices, and transfer of files must be completed within fifteen days, with compliance reports routed from Commissioners to zonal Chief Commissioners and then to the Board by the prescribed date. MTR pendency is to be based on Show Cause Notice date.
Exim Bank's Line of Credit of USD 45 million to the Government of the Socialist Republic of Vietnam
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Line of Credit conditions require majority Indian content and procedural compliance for project export supplies.
Exim Bank's Line of Credit finances eligible goods, services and consultancy for the Nam Chien Hydro Power Project provided such exports comply with India's Foreign Trade Policy. At least 85 per cent of the contract price must be supplied from India; remaining goods (other than consultancy) may be procured abroad. Letters of Credit and disbursement deadlines are tied to contract completion or to the Credit Agreement execution date as specified. Shipments must be declared on GR/SDF forms. No agency commission is payable under the LOC, though exporters may pay commission from their own resources or EEFC balances subject to realisation and AD bank compliance.
Corrigendum to PUBLIC NOTICE NO. 107/(RE:2007)/2004-2009 DATED: 7.2.2008 - Amendments in SION
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Corrigendum to SION amendments corrects serial numbers in Annexure A to align entries under the Foreign Trade Policy.
Corrigendum corrects numbering errors in Annexure A to the earlier public notice implementing SION amendments, issued under powers conferred by the Foreign Trade Policy and the Handbook of Procedures. Two serial entries in Annexure A of the prior notice were misnumbered and are amended to their proper sequence; the corrigendum is issued in public interest and records the administrative file reference.
Issuance of Statutory Forms - Part B of Form DVAT 20 not been received in the Collection Branch from RBI – Formalities by the dealers
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Issuance of Statutory Forms: forms may be issued on bank documents and affidavit pending banking update.
Where payments do not appear in the computerized scroll because Part B of Form DVAT 20 has not been received, dealers may submit Part C or Part D of the challan, a bank certificate and an affidavit attesting to their genuineness; on receipt of these documents the office will issue statutory forms after completing other formalities, notify the Collection Branch for record and follow-up, and update the scroll when Part B is subsequently received.
Intellectual Property Rights (IPRs) regime-Board Circular No. 41/2007-Customs dated 29.10.2007-National IPR database & web-enabled applications-Operational guidelines and Instructions-reg.
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Intellectual Property Rights registration requires online filing with location-specific fees, document uploads and bonds before customs processing.
Electronic filing under the IPR enforcement rules is enabled via an ICEGATE-hosted module where applicants select a Customs Commissioner, prepare a demand draft payable at that location, upload mandated documents (pdf) and images (jpg/gif/png), and submit online. Right holders must execute a general bond and an indemnity bond; non-holders filing online must furnish these in hard copy to the chosen Commissioner. On submission the system issues a Unique Temporary Registration Number (UTRN); applicants must print and deliver the application, supporting documents, bonds and demand draft to the Commissioner for issuance of a Unique Permanent Registration Number (UPRN).
Service tax on Clubs and Association - reg.
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Club or association service: supplies to members are taxable; authorities must verify compliance and recover unpaid tax promptly.
Service tax covers services supplied by clubs and associations to members or their guests; the 'self-service' plea is legally unsustainable due to the Explanation to the Finance Act, 1994 treating services by unincorporated associations to members for consideration as taxable. Charitable claims must be examined per prior circular guidance. The Board requires immediate verification of compliance by prominent clubs and associations and recovery of unpaid or short-paid tax within the current financial year.
Amendments in Handbook of Procedures (Vol. I), RE2003 to endorsing the name of supporting manufacturer on the certificate as co-licensees
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Endorsement of supporting manufacturers as co-licensees enables direct import and amends duty credit scrips under the Status Holders scheme.
Licensing authorities shall endorse the names of supporting manufacturers appearing in shipping bills on export certificates so those manufacturers may import directly and shall be treated as co-licensees for DFCE under the Status Holders Scheme; duty credit scrips already issued under the scheme shall be deemed amended to this extent.
Bank nominated for collection of Service tax/Central Excise duty under Central Excise Commissionerate, Dibrugarh
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Bank nomination for tax collection: United Bank of India authorized to collect service tax and central excise duties.
United Bank of India is designated as an additional bank authorised to collect Service Tax and Central Excise duties for the Central Excise Commissionerate, Dibrugarh, effective 1 March 2008, pursuant to authorisation from the Reserve Bank of India; the notice annexes the authorised branches for collection.
New Scheme Report
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Revised New Scheme Report format requires mutual funds to disclose subscription, holding, dispersion and distributor commission details.
SEBI mandates a revised New Scheme Report format for mutual funds reflecting waiver of load for direct applicants and removal of initial issue expense. The format requires detailed disclosures: scheme identification, subscription and allotment data distinguishing direct and broker channels, NFO expenses and entry load, unit holding pattern by investor category, communication to unitholders on large holdings, distribution schedule for concentrated holdings, state-wise geographical dispersion, top ten agents/distributors by commission and mobilization, and compliance officer certification. The circular is issued under Section 11(1) of the SEBI Act read with Regulation 77.
Changes in excise and customs through Finance Bill, 2008 and Notifications
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Excise and customs duty restructuring shifts sectoral rates, exemptions, and compliance obligations across multiple industries.
The Finance Bill, 2008 and associated notifications enact broad excise and customs restructuring: reduction of the general CENVAT rate and targeted sectoral excise cuts and exemptions (pharmaceuticals, automobiles, food processing, IT, paper), imposition/withdrawal of NCCD on specified items, customs duty adjustments to promote exports/domestic industry and alignment of temporary import regimes, together with statutory amendments expanding recovery, penalty, summons and interest/refund provisions, and CENVAT Rule changes prescribing credit rules, reversal options and penalties, accompanied by mandatory reporting and monitoring requirements for field formations.
Changes relating to service tax through Finance Bill, 2008 and notifications
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Service tax expansion: new specified services and revised valuation rules reshape scope, credits and cross border taxation.
Finance Bill, 2008 expands the scope of service tax by newly specifying several services (IT software service, ULIP investment management, stock/commodity exchange and clearinghouse services, supply of tangible goods for use, and internet telecommunication), clarifies classification of composite supplies based on the element giving essential character, and tightens valuation for associated enterprises by making tax payable on crediting/debiting in books. It adjusts thresholds and registration limits, alters exemptions (notably for certain hotel bookings and GTA abatement with denial of Cenvat), amends penalties, and changes Service Tax and Cenvat Rules on advance payment, returns, cross-border place of taxation and works contract composition.
Clarification regarding requirement for return of original TR - 6 Chalan evidencing payment of Customs Duty for the excess raw material imported against Advance Authorisation Scheme
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Proof of customs duty payment: attested TR 6 challan copies suffice for advance authorization regularisation, originals not routinely required.
For regularising shortfall under the Advance Authorisation Scheme, Regional Authorities may accept an attested copy of the TR 6 challan as evidence of customs duty and interest payment for issuance of the EODC; the original need not be insisted upon unless reasons are recorded. After EODC issuance, a copy of the challan with the EODC must be forwarded to the Customs Authority at the Port of Registration with a specific endorsement for cross verification before redemption of the Bank Guarantee or Legal Undertaking.
Amendments in the Hand Book of Procedures(Vol.1),2004-2009 - Validity of Export Licence / Authorisation - Para 2.12
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Validity of export licence fixed at 12 months; extensions allowed for R&D on technical authority recommendation.
Validity of export licence and authorisation is fixed at 12 months by amendment to sub paragraph (vi) of para 2.12 of the Handbook of Procedures (Vol. I), issued under paragraph 2.4 of the Foreign Trade Policy. The Export Facilitation Committee may, on recommendation of the technical authority, grant a longer validity for export authorisations in cases concerning R&D studies.
Amendments in the Hand Book of Procedures(Vol.1),2004-2009 - Correction in paragraph 4.28 of Procedure, Vol 1
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Customs duty on unutilized material payable with notified interest, clarifying payment obligations under handbook procedure.
The Handbook of Procedures, Vol. I is amended to state that customs duty on the unutilized value of imported or indigenously procured material is payable to customs authorities together with interest as notified, clarifying the payment obligation under paragraph 4.28(i)(a).
Safeguards to address the concerns of the investors on transfer of securities in dematerialized mode
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Dematerialised securities transfer safeguards: SEBI removes DIS booklet issuance limits and directs depositories to implement compliance measures.
SEBI has withdrawn the restrictions that limited the number of slips per DIS booklet and the condition requiring issuance of a subsequent DIS booklet only after the prior booklet's slips were substantially used, directing depositories to amend bye laws, notify Depository Participants, monitor compliance, and report implementation to SEBI.

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