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Circulars
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DEMAND MANAGEMENT AND ARREAR DEMAND RECOVERY - COMBINATION OF MEASURES SPECIFIED TO ACHIEVE STIFF TARGETS OF ARREAR DEMAND RECOVERY
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Demand management mandates reconciliation and data cleansing of arrear tax records with single window grievance redressal for recovery.
A departmental directive mandates a Demand Management campaign during a specified month to reconcile and cleanse arrear tax demands across CAP I, IRLA, AST and the CPC Portal, appoint a senior Nodal Officer as single taxpayer contact, and submit prescribed proformas reporting AO wise verified uploads, corrections, and categories of demands not uploadable due to missing PANs, missing files or other constraints. The directive also stresses adherence to SOP reporting, visible progress, TRO Action Plan implementation, and proper write off procedures.
Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to Normal Rolling Settlement
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Dematerialisation requirement enables shift from Trade-for-Trade to Normal Rolling Settlement subject to certification and absence of other grounds.
Companies with connectivity to both depositories may be shifted from Trade-for-Trade to Normal Rolling Settlement only if at least 50% of non-promoter holdings are in dematerialised mode, evidenced by a certificate from the Registrar and Transfer Agent or, where no RTA exists, from a practicing Company Secretary or Chartered Accountant, and provided there are no other grounds for continuation in Trade-for-Trade. Stock exchanges must report actions taken in Monthly/Quarterly Development Reports.
Regarding refund of 4% CVD (SAD)-Extension of time upto 30th September 2013, for using re-credited 4% CVD (SAD) amount in DEPB
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Re credited SAD refund use extended to permit DEPB and Reward scrip utilisation; pending refund claims must be disposed promptly.
Extension granted for using re credited 4% Special Additional Duty (SAD) refunds in DEPB and Reward Scheme scrips until 30 September 2013, with Chief Commissioners directed to dispose pending refund applications by an earlier administrative deadline, form special teams if necessary, report to the Board, and issue Public Notices; importers are advised to pay SAD in cash for future refund eligibility.
Rate of tax on "Patang Charkhi, Patang Dor & Patang Manjha"
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Taxability of kite strings and handmade kites confirmed as unspecified goods and subject to VAT.
Patang Dor, Patang Manjha and Patang Charkhi do not fall within any exempt schedule entry and are classified as unspecified items under the Delhi Value Added Tax Act, 2004, and are therefore taxable as unspecified goods at 12.5%.
Taxability of goods involved in Horticulture contracts
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VAT on goods in works contracts applies even where goods are schedule-exempt; declared goods retain separate statutory treatment.
A composite horticulture agreement constituting a works contract triggers VAT on the transfer of property in goods involved in execution of that contract; taxable turnover is the value at the time of transfer excluding labour and service charges. Materials used in such works contracts are chargeable under the works-contract tax provision irrespective of their schedule classification, except that declared goods transferred in the same form receive the statutory special treatment. Apportionment and valuation rules determine the taxable amount.
Overseas Direct Investments – Clarification
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Restrictions on rupee linked financial products: overseas entities with Indian equity participation require prior RBI approval to offer them.
Overseas entities having direct or indirect equity participation by Indian parties shall not offer rupee linked financial products (including non deliverable trades tied to rupee exchange rates or Indian market indices) without specific prior approval of the Reserve Bank of India; any such activity under the overseas direct investment automatic route will be treated as a contravention of FEMA regulations and attract action under FEMA, 1999. Category I Authorised Dealer banks must notify their constituents.
Filing of online returns for March, 2013 and Fourth Quarter 2012-13.
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Extension of filing deadlines for VAT returns; staggered online and hard-copy dates with tax deposit and late-payment penalties.
Extension of filing deadlines for DVAT/CST returns under Rule 49A allows additional time for online and hard-copy submission for March 2013 and the fourth quarter 2012-13; quarterly dealers are assigned staggered online and hard-copy dates by net tax paid. Tax due must nonetheless be deposited as required by Section 3(4) of the DVAT Act, 2004, and penalty and interest for late deposit will apply.
Circular on Infrastructure Debt Fund
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Infrastructure Debt Fund private placements require a filed Placement Memorandum, investor caps, securitisation for bank loans, and disclosure rules.
SEBI allows IDFs to be launched by private placement to fewer than 50 investors provided a prescribed Placement Memorandum is filed and published; the Placement Memorandum must include scheme features, risk factors, minimum five investors, a 50% single investor cap at allotment with refund/rejection rules for breaches, asset allocation limits (90-100% debt/securitised infrastructure debt, up to 10% equity/convertibles), requirement that bank loans be acquired only via securitisation, due diligence certification by AMC/trustees, specified fee and expense limits, periodic disclosures and unitholder exit protections for changes to fundamental attributes.
Investment by Navratna Public Sector Undertakings (PSUs), OVL and OIL in unincorporated entities in oil sector abroad
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Automatic route for overseas oil sector investment extended to Navratna PSUs, OVL and OIL for incorporated ventures.
Navratna PSUs, ONGC Videsh Ltd and Oil India Ltd may invest in incorporated overseas joint ventures and wholly owned subsidiaries in the oil sector (e.g., exploration and drilling) if investments are duly approved by the Government of India; such investments are permitted without any limits under the automatic route, extending the prior facility for unincorporated entities, with other terms and conditions remaining unchanged.
Date for filing the ST-3 return, for the period from Oct'12 to March'13 has been extended from 25th Apr, 2013 to 31st August, 2013
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Extension of ST-3 filing deadline to end-August due to delayed ACES availability, under Service Tax Rules authority.
An administrative order under sub-rule(4) of rule 7 of the Service Tax Rules extends the submission deadline for Form ST-3 for the period 1 October 2012 to 31 March 2013 from 25 April to 31 August, citing expected availability of the Form ST-3 on the ACES electronic filing system around 31 July; the instruction is issued to relevant Commissioners and departmental heads for implementation.
Permission to Store Duty Paid Goods Under Section 49 of the Customs Act, 1962-Reg.
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Section 49 storage permission for duty-paid timber allowed in private warehouses within five-kilometre zone, subject to strict conditions.
Storage of duty-paid imported timber is permitted in private warehouses within five kilometres of the Notified Customs Area under Section 49, subject to payment of MOT and compliance with conditions: application with ground plan, on-site registers and separate lot-wise stock cards, production of bill of entry copies, port gate passes for vehicles, insurance in the name of the Commissioner, fencing and security verification, legal undertaking/bond and NOCs from affected importers; PQC, examination and OOC to be completed normally within 30 days; non-compliance may lead to cancellation of permission or licences and penal action.
Procedure for refund / revalidation of DEPBs/Reward Scrips for re-credit of 4% CVD (SAD).
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Revalidation of duty credit scrips permits utilisation of re credited SAD without RA endorsement; final extension applies.
For purpose of utilisation of re credit of 4% Special Additional Duty (SAD), freely transferable duty credit scrips (including DEPB) shall be deemed revalidated until 30.09.2013 without further Regional Authority endorsement; if Customs issues a consolidated certificate by 30.06.2013, the SAD amount in that certificate shall be deemed re credited in the scrips without reference to any DGFT Regional Authority. This is the final extension and no further extensions will be considered; future refunds require payment of SAD in cash.
Enabling employees to work from a place outside the EOU/EHTP/STP/BTP.
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Remote work authorization permits IT export unit employees to work outside their unit while preserving unit liability and export-from-premises rules.
Permits persons/ employees of IT-related EOU, STP, EHTP or BTP to work from outside the unit provided the unit issues an authorization specifying duration, retains responsibility and supervision for the work and remains liable for misuse, and ensures that export of resultant products or services takes place only from the premises of the unit.
Amendment in Para 2.12 of Handbook of Procedure Vol.I, 2009-2014
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Zero duty EPCG Authorisation validity extended to eighteen months, with immediate effect from date of issue.
Amendment increases the validity period of Zero duty EPCG Authorisation from nine months to eighteen months, with the revised validity running from the date of issue and taking immediate effect under powers conferred by the Foreign Trade Policy.
Amendments in the Reward/Incentive Schemes of Chapter 3 of Foreign Trade Policy 2009-14 - Appendix 37A, Appendix 37C and Appendix 37D of Handbook of Procedure (Vol. I)
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Reward and incentive scheme amendments alter product classifications, eligibility and benefit rates, effective for exports from May.
Amendments to the Reward/Incentive Schemes effective 01.05.2013 delete specified castor oil cake entries, reclassify aromatic oil items from VKGUY Table 2 to FPS Table 1, and add new VKGUY items with stated admissible rates. Appendix 37D (FPS) is expanded with numerous products and assigned benefit rates and bonuses, certain Table 1 rates are amended, MLFPS and Focus Market Scheme listings are updated, MLFPS benefits for Chapters 61-62 to USA/EU are extended, and editorial corrections and additions to Towns of Export Excellence and country lists are made.
Amendments in Chapter 4 of the Handbook of Procedures (Volume I).
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Clubbing of authorisations: procedural disposal of specified pending requests under prior Handbook provisions, subject to stipulated conditions.
Paragraph 4.20.5 is amended to allow Regional Authorities to dispose of certain pending clubbing requests for Advance Licences/Authorisations received by the specified cut off under the prior Handbook provisions subject to conditions in the cited public notice. Appendix 21C NOTE 3 is corrected to insert DFIA in the Procedure of Electronic Fund Transfer, and the practice for issuing duplicate authorisations in lieu of cancelled ones is aligned with the standard additional application fee.
Regarding Increasing accuracy of data capturing by DGCI&S- Alignment of Chapter 3 schemes with ITC HS
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Alignment of export product codes: draft VKGUY/FPS/MLFPS posted for stakeholder feedback; duty credit rates and deadlines specified.
DGFT issued a Trade Notice seeking stakeholder views on draft revisions to Appendix 37A (VKGUY) and Appendix 37D (FPS and MLFPS) to align item descriptions with ITC (HS) classification. Draft appendices listing eligible export items and admissible duty credit rates (VKGUY largely 5%; FPS/MLFPS bonus benefits typically 2% or 5%) are posted on the DGFT website; stakeholders were invited to submit feedback by e mail by the stated deadline. Exports via specified Land Custom Stations attract an additional 1% Duty Credit Scrip.
Amendment in Chapter 5 pertaining to Export Promotion Capital Goods (EPCG) Scheme of the Hand Book of Procedure (Volume I)
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EPCG authorizations require Nexus certification and are tied to proportional export obligations under structured block fulfilment.
DGFT revised Chapter 5 consolidating the EPCG Scheme effective 18 April 2013: authorizations in ANF5A are issued with a specific duty-saved amount and corresponding specific export obligation, require a Nexus Certificate from an independent Chartered Engineer, and obligate installation certification to the RA. EO is structured in two blocks (50% in years 1-4; 50% in years 5-6) with permitted automatic 10% adjustments, extensions subject to 2% composition fee or 10% EO enhancement, monitoring by RA, redemption via ANF5B, and penalties for default under FT(D&R) Act, FTP and Customs Act. Post-export duty credit scrips and Green Technology product lists are provided.
Redress of investor grievances through SEBI Complaints Redress System (SCORES)
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Investor grievance redressal via SCORES requires listed companies to register and report or face statutory consequences.
Listed companies must redress investor grievances through the SEBI Complaints Redress System (SCORES), obtain SCORES user ID and password by submitting prescribed details, and file Action Taken Reports within the prescribed period; failure to obtain credentials or to file Action Taken Reports will be treated as non-redressal or may attract statutory penalties. Stock exchanges must notify listed companies and publicize the obligations; an authentication annexure sets out contact and processing details.
Master Circular for Stock Exchange - Cash Market
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Master Circular consolidation of cash market circulars provides single-source compliance guidance and supersedes prior master circular.
Issuance of a Master Circular consolidating all circulars and communications for the stock exchange cash market issued up to the end of March, 2013, effective on issue and expressly superseding the prior master circular; organized into annexures covering Trading Part I, Trading Part II, Settlement, Comprehensive Risk Management, and connectivity with both depositories including eligibility for shifting from Trade-for-Trade to Rolling Settlement.

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