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Circulars
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Investment by Foreign Portfolio Investors (FPI): Investment limits
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FPI investment limit increase raises corporate bond ceiling while government security caps await separate notification.
FPI holdings in corporate bonds are increased to a ceiling of 15% of outstanding stock for FY 2020-21, with revised half yearly rounded limits specified for Apr-Sep 2020 and Oct 2020-Mar 2021. Revisions to limits for Central Government securities and State Development Loans will be advised separately and current limits remain applicable until then. Authorized Dealer Category I banks must notify their constituents; directions issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999.
13/2020 - 30-03-2020 Companies Law
Modification to LLP Scheme 2020
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LLP settlement scheme: defaulting LLPs may file belated documents with ordinary fees and obtain immunity from prosecution.
The modified LLP Settlement Scheme permits defaulting LLPs to file belated documents due up to 31st August, 2020 by paying ordinary filing fees via MCA-21, with no additional fees, and grants immunity from prosecution for defaults rectified by 30th September, 2020; the scheme excludes LLPs that have applied for striking off under Form 24 and defines key terms.
12/2020 - 30-03-2020 Companies Law
Companies Fresh Start Scheme, 2020
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Companies Fresh Start Scheme allows defaulting companies to regularise filings with normal fees and limited immunity from prosecution.
The Companies Fresh Start Scheme, 2020 permits defaulting companies to file belated documents by paying only normal fees and to obtain immunity from prosecution or penalties strictly insofar as such proceedings relate to delay in filing; applications for immunity require withdrawal of prior appeals, electronic filing of Form CFSS-2020 after documents are taken on file, and must be made within six months of the Scheme's closure, subject to specified exclusions and transitional measures.
Retrospective issuance of Certificates of Origin under India’s Trade Agreements.
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Retrospective Certificates of Origin allowed, permitting provisional preferential imports pending later production of origin documents.
Indian agencies authorised to issue Certificates of Origin will issue them retrospectively after reopening; meanwhile customs and competent authorities in partner jurisdictions may provisionally admit eligible imports to preferential treatment subject to subsequent production of the retrospectively issued Certificates of Origin, and India will honour preferences if partner governments make a formal request or public notice.
Request for Amendments and Waiver of Late Fee Charges in the Bills of Entry and regularization of Prior & Advance Bills Of Entry through e-mail procedure as facilitation during outbreak of COVID-19
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Waiver of late fee charges: email-based amendment and regularization permitted for Bills of Entry during COVID-19 disruptions.
Electronic submission by email is authorised for requests to amend Bills of Entry, seek waiver of late fee charges, and finalise prior and advance Bills of Entry by providing specified shipment and bill details to designated ICD email addresses; Port A.C./D.C. will process requests, notify shortcomings, send confirmation upon regularization, and maintain printed records, with trade required to endorse a copy to a monitoring email.
Print out of Final Bill of Entry– A Facilitation Measure During breakout of COVID-19
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Facilitation of Final Bill of Entry printouts via electronic requests to reduce physical contact and allow FIFO processing.
Printout of the Final Bill of Entry may be requested by importers or their representatives by email or SMS/WhatsApp to Xeam Ventures Service Centre after grant of Out of Charge, specifying bill of entry number and date; requests will be processed on a First In First Out basis from a daily staff roster and collected at the representative's convenience. The Service Centre supervisor will ensure timely handling and unresolved matters may be escalated to the named Joint Commissioner. Actions under this public notice are to be treated as a Standing Order for officers and staff.
Request for Amendments and Waiver of Late Fee Charges in the Bills of Entry through e-mail procedure as facilitation during outbreak of COVID-19
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Email requests for bill of entry amendments and late fee waivers permitted; designated officers will process and monitor.
Request for amendments to Bills of Entry and waivers of late fee charges may be submitted by email to designated Deputy/Assistant Commissioners for respective Appraising Groups; the concerned officers will process requests, retain printed copies in group records, and notify rostered in office officers if working remotely. Each emailed request must be endorsed to specified monitoring officers who will oversee disposal, with a named contact for escalation. Actions under this notice shall operate as a Standing Order for officers and staff.
Clarification on contribution to PM CARES Fund as eligible CSR activity under item no. (viii) of the Schedule VII of Companies Act, 2013
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Contribution to PM CARES Fund qualifies as CSR expenditure, allowing corporate donations for emergency relief under Schedule activities.
Contributions to the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund), set up to provide relief in emergencies, are clarified to qualify as CSR expenditure under the Companies Act because Schedule-authorized activities include contributions to Central Government funds for socio-economic development and relief.
Relaxation from compliance with certain provisions of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 due to the COVID-19 pandemic.
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SAST compliance relaxation extended for disclosure filings to address COVID-19 related logistical constraints and travel restrictions.
Extension of filing deadlines for disclosures under the SAST Regulations is granted as temporary regulatory relief due to COVID-19 logistical constraints; disclosures required under Regulations 30(1), 30(2) and 31(4) for the financial year ending March 31, 2020 are extended to June 01, 2020, effective immediately, with stock exchanges instructed to notify stakeholders.
Print out of Final Bill of Entry– A Facilitation Measure During breakout of COVID-19
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Printout facilitation for Final Bill of Entry: electronic requests accepted and FIFO processing to reduce in person collection.
Importers and representatives may request printouts of out of charged final Bills of Entry by email or SMS/WhatsApp to designated CMC Service Centre staff after grant of Out Of Charge, specifying the BE number and date. Staff availability is published by roster, requests are processed on a first in, first out basis, completed printouts may be collected from the Service Centre, and unresolved matters may be escalated to the in charge and then to the Joint Commissioner (EDI).
Facilitation measures of Clearance of Import Cargo due to delay arising in Outbreak of COVID-19
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Late fee waiver for delayed import bill filings due to COVID 19 to facilitate clearance despite document delays.
In view of COVID 19 related delays in receiving documents and filing on ICEGATE, late filing of Bills of Entry for consignments linked to Import General Manifests filed on or after 20 March 2020 will not attract late fee charges until further orders; this measure, notwithstanding existing amendment regulations and Section 46(3) proviso of the Customs Act, is directed as a facilitation in the public interest and shall operate as a standing order for officers, with implementation difficulties reportable to designated import officials.
Invitation of applications for empanelment of Chartered Engineers for examination/ valuation of second/ old and used machinery/goods etc in the jurisdiction of Air Cargo Complex (Import), Mumbai Customs Zone-Ill
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Empanelment of chartered engineers: application deadline extended for valuation of used machinery due to COVID-19 restrictions.
Invitation for empanelment of Chartered Engineers to examine and value secondhand, old and used machinery and goods in the Air Cargo Complex (Import), Mumbai Customs Zone-III; applicants must submit duly filled and signed applications with supporting documents. The public notice extends the application submission deadline in view of COVID-19 containment measures, and maintains all other provisions of the earlier public notice except for amendments to paragraphs 6 and 17.
Request For Regularization of Prior & Advance Bills Of Entry through E- Mail Procedure – A Facilitation Measure During outbreak of COVID-19
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Regularization of Bills of Entry via email allowed; EDI to finalize requests and issue confirmations to trade stakeholders.
Requests for regularization of prior and advance Bills of Entry shall be submitted by email to the designated EDI inbox with a copy to the Nodal Officer and must include IGM number and date, Bill of Lading number and date, Bill of Entry number and date and Group. The EDI officer will finalize requests that are in order, notify requesters by email of any shortcomings, and send confirmation emails where regularization is completed. The Nodal Officer will monitor disposal of all requests and the measures will operate as a Standing Order for officers and staff.
Request for Amendments and Waiver of Late Fee Charges in the Bills of Entry through e-mail procedure as facilitation during outbreak of COVID-19
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Email-based amendment requests for bills of entry allowed, with waiver applications processed and monitored to reduce physical contact.
Requests for amendments to bills of entry and waiver of late fee may be submitted by email to designated Deputy/Assistant Commissioners; concerned officers shall act on such emailed requests, retain printed copies as record, and trade must endorse copies to specified monitoring officers who will oversee disposal; actions under this procedure constitute a Standing Order.
Practice of assessment of Petroleum products under Chapter 27-Review thereof
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Petroleum product assessment practice revised: new PTR validity and testing conditions now dictate customs clearance procedures.
Representative sealed samples of consignments under CTH 27101951-27101990 will be drawn and sent to DYCC for testing on first check, except where an acceptable test report dated after 01.01.2020 and not more than six months old exists and specified conditions are met. Valid PTRs (post-01.01.2020, six months old, covering identical goods, grade, specifications, COO and supplier) permit either final second-check assessment when both importer and supplier are manufacturers, or provisional second-check assessment with mandatory DYCC testing when the supplier is not a manufacturer. All other imports require first check assessment with DYCC testing. Importers must upload supporting documentation and PTR details on E-Sanchit; PTRs dated before 01.01.2020 will not be accepted for future consignments.
Request for Amendments and/or Waiver of Late Fee Charges in the Bills of Entry through e-mail procedure as facilitation during outbreak of COVID-19
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Email requests for amendments and waiver of late fees accepted for Bills of Entry during COVID-19 with monitoring and record-keeping.
Requests for amendments to Bills of Entry and for waiver of late fees may be submitted by e mail to specified appraisal group addresses; designated Deputy/Assistant Commissioners or their rostered alternates will process such requests and retain printed e mail records. Each request must be endorsed to named monitoring officers who will oversee disposal. The procedure is to be publicized to trade, treated by departmental officers as a standing order, and any difficulties reported to the Additional Commissioner (Technical).
Facilitation of clearance of import containers due to lockdown declared by the Govt. of India
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Waiver of late fee for belated Bills of Entry due to lockdown, applicable to import consignments from specified IGMs until further orders.
A public notice directs waiver of the late fee under the Bill of Entry (Forms) Amendment Regulations, 2017 and the second proviso to section 46(3) of the Customs Act, 1962 for belatedly filed Bills of Entry that relate to IGMs filed on or after 20 March 2020; the waiver remains in force until further orders and is to be treated as a standing order for officers and staff, with trade asked to report any difficulties.
Facilitation of Clearance of Import Cargo by waiver of late filing fees
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Waiver of late filing charges: fee waivers available for delayed Bills of Entry; ICES enables waiver without reassessment.
Late filing charges for Bills of Entry relating to inward manifests filed on or after March 2020 are waived due to COVID 19 disruptions until further orders. A new ACL menu option in ICES allows officers with the ACL role to waive late filing charges without recalling the Bill of Entry, provided the waiver is granted before duty payment and after approval by the designated proper officer; trade should approach DC/AC for processing.
24x7 Clearance- extension of examination, assessment and clearance at Mangalore Customs
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Round-the-clock clearance availability; designated officers available for urgent lifesaving cargo outside regular hours-contact details provided.
Extension of round the clock clearance operations establishes a duty roster and designates specific officers with contact numbers to be reached for after hours assessment and examination of urgent lifesaving consignments; actions under this notice are to be treated as a standing order and a Joint Commissioner is named for escalation of implementation difficulties.
Risk Management and Inter-bank Dealings- Participation of Banks in Offshore Non-deliverable Rupee Derivative Markets
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Non-deliverable rupee derivatives permitted for authorised banks to transact with non-residents via IBUs and branches.
Banks in India holding an Authorised Dealer Category 1 licence and operating IFSC Banking Units may offer non deliverable derivative contracts involving the Rupee to persons not resident in India. A Non deliverable derivative contract is defined as a Rupee foreign exchange derivative with a non resident counterparty settled without delivery of Rupee. Such transactions may be undertaken through IBUs, Indian branches, or foreign branches, and AD Category 1 banks with IBUs may transact NDDCs with other IBUs and overseas banks.

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