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Circulars
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Exim Bank's Line of Credit of USD 25 million to the Government of the Democratic Republic of Congo
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Line of Credit to DRC sets Indian supply content requirement and prescribed L/C and disbursement timelines.
Exim Bank's Line of Credit to the Democratic Republic of Congo finances eligible Indian exports for pump installation, mandates predominant Indian supply content with limited non Indian sourcing for non consultancy goods, prescribes separate timelines for L/C opening and disbursement for project and supply contracts, requires shipment declaration on GR/SDF forms, disallows agency commission under the LOC while permitting exporter-funded commission remittances subject to realization and prevailing rules, and directs AD Category I banks to inform exporters and obtain LOC details; issued under FEMA without prejudice to other statutory permissions.
1/2010 - 25-02-2010 Central Excise
Clarification regarding e-payment of duty and e-filing of return
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Electronic payment and e-filing requirement for high-duty assessees now mandatory with penal consequences for non-compliance.
Amendments to Rule 8(1) and Rule 12(1) mandate that assessees who paid total duty of rupees ten lakh or more in the preceding financial year, including amounts paid by utilization of CENVAT Credit, must effect duty payment electronically and file monthly or quarterly returns electronically with effect from 1-4-2010; non-compliance will attract penal provisions under Rule 27 of the Central Excise Rules, 2002.
Practice of assessment of loading the declared value of the imported goods or Revising the declared classification reg.
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Assessment procedure: importers must request a speaking Order in Assessment when disputing proposed valuation or classification to enable review.
When the department proposes loading declared value or revising classification, the Assessing Officer must issue a detailed Order in Assessment if the importer contests in writing; disputed orders may be appealed. If an importer accepts a proposed revision, acceptance must be confirmed on letterhead signed by an authorized signatory and the Assessing Officer must record the letter reference and acceptance as departmental comments in the EDI Bill of Entry.
Processing of returns of A.Y. 2008-09 - Steps to clear the backlog
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TDS claim acceptance clarified for specified return categories; matching reduces verification requirements during return processing.
Instruction prescribes acceptance of TDS claims at processing for ITR 1 and ITR 2 where aggregate TDS claimed does not exceed Rs. four lakh and refund does not exceed Rs. 25,000; for other ITR forms acceptance is allowed under the same monetary limits only if there is at least 70% matching of the TDS claimed. All other cases require TDS credit to be given after due verification.
Verification/ updation of Carrier Agencies and CHA Directories for implementation in ICES 1.5
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Carrier agencies and CHAs must verify PAN-based registrations to update central ICES 1.5 directories or risk losing access.
Centralised ICES 1.5 implementation requires verification of Carrier Agency and CHA directories by designated policy sections, reconciling local ICES 1.0 records with CBDT PAN data. Incorrect records will be closed and correct entries added only after physical verification of attested documents; PAN and CBDT-confirmed names cannot be changed and incorrect PANs require fresh registration. Registration at one policy location enables operation across mapped EDI locations and failure to verify particulars will bar business transacting once central directories are implemented.
Overseas Investment Application - Online Reporting of Overseas Direct Investment in Form ODI
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Overseas Direct Investment online reporting mandates UIN generation and remittance reporting by authorised dealer banks; approvals and closures remain physical.
From March 2, 2010, Parts I (Sections A-D), II and III of Form ODI must be filed on-line via the Reserve Bank's Secured Internet Website by the Centralized Unit/Nodal Office of Authorised Dealer Category I banks to obtain a Unique Identification Number (UIN), report remittances and file Annual Performance Reports; AD banks retain physical ODI forms UIN wise. UINs can be generated on line under the automatic route, but subsequent remittances and approval route remittances are to be reported on line in Part II only after RBI confirms the UIN. Approval-route applications and Part IV closure/disinvestment filings remain physical submissions.
Introduction of drawback on Gold and Silver Jewellery-Procedure for drawback claim
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Drawback on gold and silver jewellery: procedural claim requirements, customs inspection, sealing, and payment mechanisms for exports through specified centres.
Drawback on gold and silver jewellery is conditional on filing a green-coloured drawback Shipping Bill at specified clearance centres, physical examination and certification of metal content by the Customs Jewellery Expert, and presentation of prescribed supporting documents. Eligible exports must be packed, sealed and transshipped under prescribed custody and manifest procedures to the Air Cargo Complex, with the triplicate copy of the Shipping Bill endorsed on export clearance constituting the drawback claim. Exports under schemes permitting duty-free supply/replenishment of gold/silver are excluded. Disbursement requires exporter bank details and follows specified cheque routing rules.
Export of CXL Concessions Sugar to European Union (EU)
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Rescission of export allocation: withdrawal of CXL concessions sugar export allocation to EU, effective immediately.
The Director General of Foreign Trade, under powers conferred by the Foreign Trade Policy, 2009-14, rescinded Public Notice No. 41/2009-2014 with immediate effect and withdrew the previously allotted quantity of white sugar for export under CXL concessions to the European Union for the fiscal year 2009-10 as an action taken in public interest.
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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Dematerialization requirement for shifting to rolling settlement - non-promoter holdings must be dematerialized before shift.
Stock exchanges may shift trading in securities of companies with connectivity to both depositories from Trade for Trade Settlement to normal Rolling Settlement only if at least 50% of the shareholding other than promoter holdings is in dematerialized mode, supported by a certificate from the company's RTA or, if no RTA exists, a practicing Company Secretary/Chartered Accountant, and provided there are no other grounds for continuation of TFTS; exchanges must report action taken to the regulator in Monthly/Quarterly Development Reports.
Maintenance of all files with pagination and cataloguing and indexing of all records & files
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File maintenance and indexing required; registry officers must complete cataloguing, pagination and submit compliance report promptly.
Directive requiring the Registrar to ensure complete catalogue/indexing and proper pagination of all CESTAT registry files at the Principal Office and its Benches. Head Clerks and the Assistant or Deputy Registrars of each Section/department are responsible for executing the cataloguing and pagination for files under their jurisdiction, and the Registrar must file a compliance report upon completion.
Rate of tax on "Overhead water storage tanks" - Clarification
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VAT classification of overhead water tanks clarified; undercharged sales must be identified and reassessed for tax compliance.
Enforcement findings treat overhead water storage tanks as unspecified items subject to the higher VAT rate; dealers who charged a lower rate based on classification as household plastic or container items must be identified and re-assessed by Ward/Unit authorities for periods of undercharging to recover lost revenue and ensure compliance.
Amendment of Para 2.63 (iii) of HBP Vol.I regarding RCMC
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RCMC issuance rules: exporters without Export Promotion Council coverage may obtain RCMC from FIEO as an option.
Amendment designates that where an export product is not covered by any Export Promotion Council or Commodity Board, the Registration cum Membership Certificate (RCMC) is to be obtained from the Federation of Indian Exporters' designated forum; additionally, multi product exporters not registered with any EPC, and whose main line of business is not discernible, have the option to obtain the RCMC from that designated forum.
Amendment/modification in SION S. No. C-1808
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Input-output norm amendment for dish ends updates required steel input, increasing steel consumption per unit export.
Amendment to SION C-1808 specifies that Dish Ends (ellipsoidal or circular) made of non alloy/alloy/stainless steel require non alloy/alloy/stainless steel plates/coils of the relevant grade quantified in relation to the steel content of the exported product.
Amendment in Policy Circular No. 94 dated 16.6.2009 - Verification of new IEC
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Verification of new IEC: physical inspections must be led by an officer not below FTDO, with limited two member exception.
Physical verification of new IEC must be performed by a two member team led by an officer not below the rank of FTDO. In exceptional circumstances, with specific orders of the Head of Office in the Regional Authority, a two member team composed of one FTDO/Section Head/LA and one UDC/Senior LDC may carry out the inspection; this amends paragraph 2 of the prior Policy Circular.
Appoints Common Adjudicating Authority
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Common Adjudicating Authority assignment transfers a DRI show cause notice against M/s Max Enterprises to Mumbai adjudication.
Under Notification No. 37/2003-Customs (N.T.) issued under section 4(1) of the Customs Act, 1962, the Board assigns Show Cause Notice F.No. DRI/AZU/INV-37/2009 dated 06.01.2010 in the case of M/s. Max Enterprises, Thane & others, issued by the investigating wing, to the Commissioner of Customs (Adjudication), Mumbai for adjudication, and circulates copies to the designated adjudicating office, the issuing investigative unit, and central electronic records for action.
Clarification regarding valuation of free samples of the products covered under MRP based assessment - reg.
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Valuation of free samples: assess under Rule 4 using deemed MRP value under Section 4A, adjusted for pack and size.
Valuation of free samples distributed as marketing samples, gifts or physician samples shall be determined under Rule 4 of the Central Excise Valuation Rules by reference to the deemed value under Section 4A for similar goods when normal price is unavailable, with adjustments for size and pack; this approach applies to products assessed under MRP based assessment as well as otherwise.
Acceptance of Manual Return
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Manual return acceptance: temporary permission to accept tax returns manually pending rule amendment, with later electronic upload.
Acceptance of manual returns is authorized for the DVAT return form DVAT-16 as an interim measure until DVAT Rules are amended and notified; all manually accepted returns must be uploaded to the electronic system upon notification. Manual receipts will continue at Front Office, KCS and the Special Zone, and departmental units are directed to follow existing intake practices under departmental approval.
Powers of Commissioner (Appeals) to remand cases
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Power to remand appeals curtailed: appellate commissioner must decide assessments and appellate orders may operate as assessment orders.
The statutory amendment deleted the express power to remand, so the Commissioner (Appeals) must "confirm, modify or annul" the appealed order without an express statutory remand power; judicial conflict exists but the Supreme Court noted legislative intent to withdraw remand authority while confirming that the Commissioner (Appeals) retains adjudicatory competence to add or subtract items and that appellate orders can operate as assessment orders.
Instructions F. No. 275/34/2006-CX.8A dated 18-2-2010
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Power to remand withdrawn: Commissioner(A) lacks remand authority but may adjudicate, modify assessments and issue assessment orders.
Amendment removed the Commissioner (Appeals)'s statutory power to remit matters back for fresh adjudication, and judicial conflict on that deletion was resolved by the Supreme Court's observation that the remand power was withdrawn. The Commissioner (Appeals) nonetheless retains adjudicatory authority to make enquiries and to confirm, modify or annul assessments, to add or subtract items from the adjudicating authority's order, and the Commissioner (Appeals)'s order may be treated as an order of assessment; Commissioners are instructed to follow these rulings and to implement and monitor compliance.
Section 144C of the Income-tax Act, 1961 - Reference to Dispute Resolution Panel - Modification/supersession of orders relating to nomination of members to the Dispute Resolution Panel
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Dispute Resolution Panel constitution under Section 144C establishes three-member tax panels at specified locations effective immediately.
The Board, exercising powers under Section 144C of the Income-tax Act, constitutes Dispute Resolution Panels of three Commissioners/Directors at specified places, nominates individual members for each panel, modifies earlier orders and supersedes a prior notification, and declares the panels effective immediately and until further orders, with approval of the Chairman.

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