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06 - 03-02-2009 VAT - Delhi
Guidelines for receipt of Form DVAT 51
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Receipt procedure for Form DVAT 51: ward-level intake, duplicate acknowledgement, register entry and quarterly inspection required.
Form DVAT 51 and accompanying Central Statutory Forms must be received in the concerned ward, acknowledged on the duplicate/photocopy supplied by the dealer, and entered in a separate Form DVAT 51 Register (recording date, TIN, dealer name, year, quarter, type and number of attached forms, and value) maintained quarter wise/year wise. Data entry will be undertaken in the respective ward by a data entry operator provided by the EDP Branch, and zonal in charges shall inspect the register quarterly.
Procedure for refund of 4% Additional Duty of Customs in pursuance of Notification No.102/2007-Customs dated 14.9.2007
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Refund of 4% additional customs duty permits electronic invoices and CA certified VAT proof to support refund claims.
Procedure permits submission of electronic sale invoices with a paper declaration and accepts ST/VAT discharge by cash or input tax credit; statutory auditor/chartered accountant certificates correlating invoices with ST/VAT payments and supporting proof are acceptable for refund of 4% CVD. Copies of ST/VAT challans may be tendered with an acceptable CA certificate, originals to be produced if required; CA must certify under Companies Act, a State ST/VAT Act, or Income Tax Act. Consignment sales require authorization, invoice indication of agency sales, and CA certificate confirming ST/VAT payment and reimbursement.
Systems Alert for Monitoring Realization of Export Proceeds in EDI - reg.
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Monitoring export proceeds realization: EDI BRC reporting and certified negative statements required, linking drawback recovery to proof of receipt.
Exporters must declare authorised dealers port-wise and submit six-monthly Bank Realization Certificates or CA-certified negative statements for drawback shipping bills; an EDI BRC module will generate due dates, accept proofs or negative statements in three entry modes, maintain pendency lists, and enable Customs to initiate recovery or delete entries upon receipt of BRCs or recovery orders.
Procedure for clearance of Kutcha Bill of Entry at ACC, Bangalore - Reg.
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Kutcha Bill of Entry procedure standardized for expedited filing, appraisal, payment, examination and post clearance audit.
Procedure standardizes filing, appraisal, clearance and audit of Kutcha Bill of Entry (KBE) at ACC, Bangalore. Eligible goods require prior permission from the System Manager. KBEs are system appraised, generate automatic challans for duty payment which must be bank confirmed before Out of Charge. Shed Officer examines consignments and the Superintendent grants OOC after verifying declarations and original documents. PCA audits all KBEs within three days; objections lead to duty recovery and potential withdrawal of direct delivery.
Appointment of Chairman and Member of CBDT
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Appointment of tax board leadership designates new Chairman and Member, noting succession and senior revenue service backgrounds.
The appointment of senior tax administration leadership names Shri S. S. N. Moorthy as Chairman, succeeding the retiring incumbent, and Shri Sudhir Chandra as Member. Both are from the 1973 Indian Revenue Service cohort; the Chairman had been a Member of the board since August 2008 and was formerly Director General of Income Tax (Investigation), while the Member served as Chief Commissioner and held varied regional postings. Academic qualifications and personal interests of each appointee are recorded in the personnel announcement.
Amendments in Handbook of Procedures, Vol. I RE 2008
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Regional jurisdiction update clarifies allocation of districts to a new Nagpur trade office and revises Mumbai and Bhopal coverage.
Amendment adds a Deputy Director General of Foreign Trade office at Nagpur with specified Maharashtra and Madhya Pradesh districts under its jurisdiction, and revises the Mumbai office to cover Maharashtra excluding areas under Pune and Nagpur and to include Daman and Dadra and Nagar Haveli, while the Bhopal office is amended to exclude areas now under the Nagpur office.
Exim Bank's Line of Credit of USD 29.50 million to the Government of the Central African Republic
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Line of Credit conditions require predominant Indian sourcing and specified disbursement timelines under foreign exchange directions.
Exim Bank's Line of Credit finances specified projects in the Central African Republic with a sourcing requirement that at least 85 per cent of contract value be supplied from India and up to 15 per cent (excluding consultancy) procured abroad; eligible exports must conform to India's Foreign Trade Policy. The agreement sets distinct deadlines for opening Letters of Credit and disbursements for project and supply contracts, requires GR/SDF declaration of shipments, disallows agency commission under the LOC while permitting exporter-funded commission payments subject to realisation and remittance rules, and directs Authorised Dealer Category I banks to notify exporters, under foreign exchange management provisions.
Imposition of service tax on Builders - regarding
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Service tax on construction: pre sale agreements treated as self service, owner commissioned building excluded from tax liability.
Service tax on construction depends on transaction character: where the arrangement is an agreement to sell the developer retains ownership and construction before execution of the sale deed is treated as self service and not taxable; owner commissioned construction for personal use is excluded from tax; third party service providers engaged in construction remain liable for service tax.
Exim Bank's Line of Credit of USD 25 million to the Government of the Republic of Senegal
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Line of Credit enabling exports to Senegal requires majority Indian content and FEMA compliance for export transactions.
A Line of Credit of USD 25 million from Exim Bank to Senegal finances eligible Indian goods and services (including consultancy) for rural electrification and fishing projects; at least 85 per cent of each contract's value must be supplied from India while up to 15 per cent (excluding consultancy) may be procured abroad. The Credit Agreement is effective January 2, 2009, with specified deadlines for Letters of Credit and disbursement tied to project completion and a 72-month period from execution for supply contracts. Shipments must be declared on GR/SDF forms. No agency commission is payable under the LOC, though exporters may remit commission from their own funds or EEFC balances subject to prevailing rules; AD Category - I banks must notify exporters. Directions issued under FEMA remain without prejudice to other legal permissions.
Levy of service tax on educational institutions- regarding
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Service tax on training and coaching extends to institutes lacking statutory recognition; vocational exemption is narrowly construed.
Services by establishments meeting the statutory definition of a commercial training or coaching center are taxable irrespective of profit motive. Taxability of post school education depends on whether the institute issues qualifications recognized by law at the time of service; absence or withdrawal of statutory recognition (including lack of AICTE approval where required) renders courses taxable. Vocational training that directly enables employment is exempt; general skill enhancement courses that do not directly prepare trainees for immediate employment are not exempt.
Clarifications in respect of quantum of Bond and Bank Guarantee (BG) under Advance Authorization and Export Promotion Capital Goods schemes— reg.
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Bond quantum under export authorisation excludes penal interest, but bonds must include a condition for interest and charges on default.
Clarifies that the bond and Bank Guarantee amounts under Advance Authorization and EPCG schemes must be limited to the duty ordinarily leviable on the goods but for the exemption; interest, being penal and payable only on default, should not be added to the bond/BG quantum. Bonds must nonetheless include a condition that interest and other charges will be payable by the authorization holder in case of non-compliance, and trade notices and internal instructions should be issued to implement the clarification.
Ban on import of toys from China by DGFT - reg.
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Import prohibition on toys from China bars entries and empowers customs enforcement including confiscation and penal measures.
Importation of toys from China classified under ITC codes 9501, 9502 and 9503 is prohibited immediately and until further orders. Customs are directed to enforce the prohibition and to apply existing measures, including absolute confiscation and initiation of penal action against importers for non compliance with applicable import laws and safety regulations.
Annexure to Public Notice 139 (RE:2008)
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Standard Input Output Norm amendment establishes an import entitlement per unit for exported flax/linen yarn under SION.
Amendment to the Handbook of Procedures adds a corrected SION entry pairing export item 100% Flax/Linen yarn (Auto cone spliced) with import item 100% Flax/Linen yarn (Uneven & Knotted), establishing the quantitative import entitlement per unit of the exported yarn for application in export-import procedures under the Standard Input Output Norms.
Amendment in the Handbook of Procedures v1.(RE 2008).
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Extension of EOU approvals: units must notify continuation within six months or approvals may be cancelled suo moto.
The amendment to paragraph 6.3.9 requires units completing their approval period to notify whether they will continue under the EOU scheme; the Deputy Commissioner will extend approvals for units opting to continue. If no intimation is received within six months after expiry, the DC will act suo moto to cancel approval under the EOU scheme. Requests to continue after that six month period will be considered for extension only with Board of Approval (BOA) sanction.
Procedure for payment of Customs Duties by debit in DEPB scrips and reward scheme scrips for imports under EPCG scheme w.e.f. 1.1.09 as per FTP Para 4.3.1 and HBP Para 3.23.9 under the Indian Customs EDI System-(ICES)- regarding
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Use of duty credit scrips for EPCG imports enables debit payment via ICES, with full or partial scrip debits affecting challans.
The notice integrates use of DEPB and duty credit scrips for payment of duty on EPCG imports within ICES: after assessment ICES generates TR 6 challans and transmits them to the bank/ICEGATE; the importer may pay at bank/e payment or request the Appraising Officer to debit duty on EPCG items from scrips within the interest free payment window. The system displays eligible EPCG duties for debit; full debit permits registration prior to examination with a revised Bill of Entry print, while partial debit generates a challan for the balance payable through the bank and electronic confirmation by the bank follows as before.
Seeking suggestions from departmental stakeholders on Cadre Review & Restructuring of Income Tax Department
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Cadre Review Committee consultation seeks stakeholder suggestions on departmental restructuring; submissions invited by deadline for workforce reform.
A Cadre Review Committee has been constituted to prepare a time bound report on cadre review and restructuring of the Income Tax Department and solicits suggestions from all departmental stakeholders. Inputs are invited on the Department's strategic role, organizational structure and work processes, assessment and collection arrangements, investigation and enforcement, appellate and advocacy functions, taxpayer services, recruitment and cadre management, support services and infrastructure, and new/emerging areas. Submissions were to be forwarded to the Committee's specified email addresses by the stated deadline for consideration before finalizing the report.
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: securities may shift from trade for trade to rolling settlement if non promoter holdings are dematerialised and certified.
Stock exchanges may shift securities from Trade-for-Trade to normal Rolling Settlement where issuers have established connectivity with both depositories and the required proportion of other than promoter holdings is dematerialised; the issuer must submit a certificate from its RTA or, if no separate RTA exists, from a practicing company secretary or chartered accountant, and exchanges must ensure no other grounds for continuation of TFTS exist and report actions in their Monthly/Quarterly Development Report.
Search and Seizure Cases-Release of Seized Assets other than Cash
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Release of seized assets: procedures permit conditional release, bank guarantees or cash substitution to secure tax recovery.
Seized non-cash assets must be released if the assessing officer is satisfied as to nature and source of acquisition, subject to recovery of arrears and statutory conditions. If not released under that provision, release within one month after final search assessment requires Commissioner approval, excluding portions sufficient to meet liabilities or anticipated penalties. Assets may be released earlier with Commissioner approval if the assessee accepts ownership and valuation and provides an unconditional irrevocable bank guarantee, or exchanges assets for equivalent cash deposited in the departmental PD account for adjustment against tax liability. Disputed or evidentiary items must be retained until final resolution.
Claim of freely transferability duty credit scrip benefits under Chapter 3 FTP, clarification regarding eligibility of exports by EOU.
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Eligibility for duty credit scrips: EOUs/BTPs qualify only when not availing direct tax exemptions, with required evidence.
Eligibility for Chapter 3 duty credit scrips for EOUs/BTPs is limited to units that do not avail direct tax benefits or exemptions; eligibility applies prospectively from the date the exemption period ends or from the date a unit permanently waives direct tax exemption, and units must submit evidence from jurisdictional Income Tax Authorities to the Regional Authority to claim benefits under the specified Chapter 3 schemes.
ON LINE TRANSMISSION OF SHIPPING BILLS AND LICENCES/ AUTHORIZATION ISSUED UNDER THE DUTY EXEMPTION SCHEME (DES) AND THE EPCG SCHEME
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Online transmission of shipping bills and duty-exemption authorizations enables electronic exchange between DGFT and Customs, requiring EDI rollout.
Online transmission of shipping bills and licences/authorizations under the Duty Exemption Scheme and EPCG Scheme will be effected using software designated by the Directorate General of Systems, with detailed technical instructions to follow; EDI-enabled ports may implement the procedures from a specified date in consultation with the Directorate while manual procedures continue at non-EDI stations, and trade notices and standing orders must be issued with any difficulties reported to the Board.

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