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Circulars
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Instructions -requiring drawl of samples and sending the same for testing as per requirement of the assessing group or as per requirement of any Allied Act,
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Sample drawl and testing procedures standardized, requiring sealed triplicate samples and strict chain-of-custody in import inspections.
Uniform procedure requires inspectors to draw representative samples in triplicate in the presence of the CHA/importer's representative after Bill of Entry registration; samples must carry full identifying particulars, be signed, Customs-sealed, accompanied by product literature, and sent with triplicate test memos-entries of dispatch and receipt must be recorded and test reports forwarded to the assessing group within 24 hours. Specialized referral to Drugs Controller or Wildlife Authority applies where available, and samples for the central laboratory must be sent only via the EDI CRCL module; designated custody, storage, and fortnightly review of pending tests are required.
Newsprint Control (Amendment) Order, 2015
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Amendment to Newsprint Control adds new registered mill entry, effective on Gazette publication by central government.
Central Government amends the Newsprint Control Order, 2004 by inserting a new Schedule entry: M/s. Balaji Paper & Newsprint Pvt. Ltd., Manikpara, Jhargram, Midnapur (West), Midnapur, West Bengal as serial number 120; the Newsprint Control (Amendment) Order, 2015 takes effect on publication in the Official Gazette.
Clarification regarding Explanation 5 to clause (i) of sub-section (1) of section 9 of Income-tax Act, 1961 ('Act') – regarding
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Source rule of taxation affirmed: indirect transfer applies to transactions transferring underlying Indian assets, not foreign dividends.
The circular clarifies that Explanation 5 applies where a transaction in shares or interests in a foreign entity effects the direct or indirect transfer of underlying assets located in India, thereby creating an Indian economic nexus and rendering gains taxable in India. It further clarifies that declaration and payment of dividends by a foreign company, even if the shares derive substantial value from Indian assets, do not constitute such a transfer and therefore are not deemed to accrue or arise in India under the Explanation.
Annual Closing of Government Accounts - Transactions of Central/State Governments - Special Measures for the Current Financial Year (2014-15)
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Government year end accounting requires banks to extend branch hours and preserve electronic processing to ensure same year posting.
Agency banks must keep counters of designated branches conducting government business open for the full day on the penultimate date and until 8.00 p.m. on the final date of the financial year, while electronic transactions will continue until midnight on the last date. Banks must give adequate publicity to these special arrangements. Separate guidelines on extended clearing sessions/operations for these dates will be issued by the Department of Payment and Settlement Systems.
Scheme for Collection of Dues of (i) Central Board of Direct Taxes (ii) Central Board of Excise and Customs (iii) Departmentalised Ministries Account - Reporting and Accounting of March Transactions - Special Arrangements - Financial Year 2014-15
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March residual transactions ensure year end government receipts are recorded in the prior financial year when reported promptly.
Banks must ensure receipts and payments effected up to March 31 are recorded in the same financial year by segregating March transactions. From April 1-15, Nodal/Focal Point branches must prepare distinct daily main scrolls for March Residual Transactions (serially marked) and for April transactions, forward separate Daily Memos and summaries to departmental officers and the bank's Link Cell, which will transmit March Residual advices separately to the Reserve Bank's Central Accounts Section, Nagpur. Cheques realised on or before March 31 are March/Residual Transactions; those realised thereafter are April transactions.
Scheme for Collection of Dues of Financial Year 2014-15
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March residual transactions: banks must segregate and report March receipts separately to ensure accounting in the same financial year.
Banks must treat collections realized on or before March 31 as transactions of the current financial year and report them as March Residual Transactions in April up to April 15. Nodal/Focal Point branches shall segregate and serially mark separate main scrolls for March Residual transactions and separate scrolls for April transactions, forward daily summaries and separate Daily Memos to the Link Cell for settlement with the Central Accounts Section, and ensure receiving branch accounts through March 31 are not commingled with April transactions.
Know Your Customer (KYC) Norms / Anti Money Laundering (AML) Standards/ Combating of Financing of Terrorism (CFT) / Obligations under Prevention of Money-laundering Act (PMLA), 2002 - Money Transfer Service Scheme (MTSS)
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Know Your Customer compliance: MTSS Indian Agents must apply RBI banking regulation AML/CFT guidelines and ensure sub agent adherence.
Know Your Customer, Anti Money Laundering and Combating Financing of Terrorism standards under the Prevention of Money Laundering Act are mandated for Authorised Persons acting as Indian Agents under the Money Transfer Service Scheme; Department of Banking Regulation guidelines shall apply mutatis mutandis to all APs, with primary responsibility on Indian Agents to ensure Sub Agent adherence and to inform their Sub Agents and constituents.
Know Your Customer (KYC) Norms / Anti Money Laundering (AML) Standards/ Combating of Financing of Terrorism (CFT) / Obligations under Prevention of Money-laundering Act (PMLA), 2002 - Money changing activities
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KYC and AML compliance: DBR instructions apply to authorised persons and their agents, franchisers remain responsible.
Instructions on KYC, AML and CFT for money-changing activities issued by the Department of Banking Regulation shall apply to all Authorised Persons mutatis mutandis; the Foreign Exchange Department will not issue separate instructions. The consolidated guidance also applies mutatis mutandis to agents and franchisees, with franchisers bearing sole responsibility for ensuring compliance; Authorised Persons must notify their constituents. The directions are issued under the Foreign Exchange Management Act and the Prevention of Money Laundering Act and do not affect other legal permissions.
Implementation of Module for Transshipment of Cargo from Air Cargo Complexes in other Customs Stations to ICD-PPG & Other ICDs Regarding
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Electronic transshipment module implemented; cargo CTM and TP must be filed and validated electronically before movement.
Electronic implementation of a transshipment module in ICES 1.5 requires airlines/agents to file Cargo Transfer Manifests (CTM) at Service Centres and Transshipment Agencies to file Transshipment Permit (TP) requests, with AC/DC Transshipment officers (ACT) authorised to approve or cancel CTMs and TPs after system validations. Preconditions include prior IGM filing, non-filing of Bills of Entry for transshipped lines, custodian and agency registration, and sufficient bond/PLA balances; approvals generate CTM/TP numbers, debit bonds/fees, enable loading reports, and permit Gate-In tallying and destination BE regularization upon reconciliation.
Monitoring of Budget Collection- Follow up of TDS to be paid by the banks
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Tax Deduction at Source compliance: follow up with banks and states to ensure timely remittance and reporting.
Directs tax administrators to pursue compliance from banks to remit tax deducted during March in that month and requests state authorities ensure proper collection of Tax Collected at Source on specified leases, licences and contracts; requires follow-up with assessed banks and state governments and submission of a compliance report to Member (Revenue) by month-end.
Central Action Plan for the First Quarter i.e. (April, 2015 to June, 2015) of the FY 2015-16-regarding.
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Correction of Demand: central action plan mandates verification and certification timelines for assessment, TDS and appellate processing.
Central Action Plan prescribes time bound operational tasks for tax administration: correction and certification of demands (including verification of disputed demands, crediting prepaid taxes shown in Form 26AS, effecting appellate orders, disposing rectification applications and certifying CPC demands where notices under section 245 apply), prioritised uploading and tagging of manual TDS demands and unconsumed challans, completion of post survey enquiries with issuance of notices under sections 143(2)/148, audit reconciliations and settlement of internal audit objections, International Taxation verifications of selected 15CA cases and Transfer Pricing comparable searches, and supervisory monitoring, APAR submission and exemption database updates by senior commissioners.
Establishment of connectivity with both the Depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to Normal Rolling Settlement
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Dematerialisation requirement before shifting to normal rolling settlement - exchanges to verify depository connectivity and certificate compliance.
Companies that establish connectivity with both depositories may apply to nationwide stock exchanges to shift securities from Trade for Trade Settlement to Normal Rolling Settlement. Exchanges shall verify depository connectivity and may shift trading only if at least fifty percent of non promoter holdings are dematerialised, certified by the RTA or a practising Company Secretary/Chartered Accountant where no RTA exists, and no other grounds require continuation of TFTS. Exchanges must inform the market and listed companies of such shifts.
Import of Steel and Steel Products- reg.
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Mandatory compliance with Indian Standards for imported steel: non conforming imports must be prevented under quality control orders.
Imports of steel and steel products must comply with the Steel and Steel Products (Quality Control) Order, 2012 and the Second Order, 2012 as amended; Indian Standard numbers in the schedule determine product coverage and ITC (HS) codes are indicative. Customs officers are directed to ensure strict compliance and to prevent clearance of substandard or non conforming steel imports, with any difficulties reported to the Board.
Instructions to stop fraudulent exports of Red Sanders Wood, smuggling of prohibited goods - Misuse of the IECs / CHAs Licences.
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Misuse of exporter/CHA credentials prompts strict verification of CHA passes, Shipping Bills and container seals to prevent smuggling.
Fraudulent exports of Red Sanders wood exploited misuse of IECs/CHAs and forged Shipping Bills, including alteration of genuine Shipping Bills and presentation of fake manual bills to obtain port entry. Containers declared as factory stuffed were also physically tampered with during transit by removing and re fixing latches and seals, enabling replacement of genuine cargo with contraband. The notice prescribes safeguards: accept only documents signed by authorised CHA pass holders with cardex numbers; verify submitter passes linked to the CHA; capture full signature and cardex on hard copies; confirm LEO and Shipping Bill authenticity via EDI/intranet; verify container marks/seals against examination reports; check CFS gate passes and transit timing; and escalate suspicious cases to senior customs officers.
Cancellation of licences of NGO - Educational Society of Professionals & Vocationals - for failure to file annual returns
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Failure to file mandatory annual returns leads to cancellation of FCRA registration, including all branches and units.
Registration was cancelled after the association failed to submit mandatory annual returns in form FC-6 for successive financial years within the prescribed period; despite claiming no receipt of foreign contributions and later filing returns belatedly, the Central Government, on available information, rescinded the association's certificate of registration for violation of the annual-return filing requirement and extended the cancellation to its branches and units.
Exim Bank's Line of Credit of USD 198.96 million to the Myanma Foreign Trade Bank (MFTB), Myanmar
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Line of Credit compliance: export financing requires Indian content, EDF/SDF reporting, and FEMA based RBI procedural adherence.
Exim Bank's Line of Credit to Myanma Foreign Trade Bank finances irrigation projects subject to at least 50 percent Indian content; eligible goods and services include machinery, equipment and consultancy services under the Foreign Trade Policy. Letters of credit and disbursements are time limited, shipments must be declared on EDF/SDF forms, and AD Category I banks must advise exporters, permit agency commission payments from exporter resources or EEFC balances after realization, and follow RBI and FEMA directions.
Vessel Amendment in Shipping Bill –Reg.
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Vessel name amendments prohibited: shipping bills must use vessel details from export general manifests, so amendment requests unnecessary.
Amendment requests for Vessel Name/Rotation No. on Shipping Bills are unnecessary because those particulars are automatically sourced and updated from the Export General Manifest; stakeholders should not approach officers for such amendments and should report any difficulties to the issuing office.
Request for provision of data by Export Promotion Councils/ Commodity Boards/ Trade and Industry Associations for the purposes of the exercise for All Industry Rates (AIR) of Duty Drawback for the year 2015- reg.
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Export promotion bodies must submit Jan-Mar 2015 cost, input and duty data for AIR drawback by April 30, 2015.
Authorities require Export Promotion Councils, Commodity Boards and Trade and Industry Associations to submit prescribed four part proforma data for January-March 2015 to compute All Industry Rates of duty drawback: Part I (input quantities and duties), Part II (unit cost and FOB realizations), Part III (service tax on inputs) and Part IV (captive power). Data must be representative, cover at least five certified manufacturer/exporter units with supporting duty paying documents, consent to inspection, and be routed through jurisdictional Central Excise authorities for verification before submission to Drawback Division.
Responsibility of Standing Counsel in Communicating Court’s Decision-reg.
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Responsibility of Standing Counsel: ensure court directions are obtained, pursued with CIT, and escalated if unresolved.
Standing Counsel must actively obtain information called for by a court, secure compliance with court directions through the concerned CIT, and if unresolved, immediately escalate the matter to the CCIT. Instruction No. 3/2012, para 8.5 requires counsel to keep the CIT informed of important developments, and counsel cannot absolve themselves of the duty to ensure High Court directions are complied with; regional offices must ensure strict compliance and factor noncompliance into performance evaluations.
Modification of Order [F. No. 10/43/2005-CLB], Dated 29-1-2015
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Work distribution amendment: deletion of a named member from New Delhi Bench, effective from the specified date.
The Board, exercising powers under the Companies Act and Company Law Board Regulations, partially modifies its 29.01.2015 order by deleting the reference to Shri Dhan Raj, Member (Technical), at serial number 3 under NEW DELHI BENCH in paragraph (a) and similarly in sub para (2) of paragraph (c); the amendment takes effect from 23.03.2015.

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