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Exim Bank's Line of Credit of USD 125 million to the Government of the Republic of Sudan
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Line of Credit export financing requires major domestic supply content and specific L/C/disbursement timelines under FEMA directions.
Exim Bank's Line of Credit to Sudan finances eligible exports for the Mashkour Sugar Project, requiring at least 75 per cent of contract value supplied from India and permitting up to 25 per cent procurement abroad; the Credit Agreement fixes distinct deadlines for L/C opening and disbursement for project and 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 after full realization, subject to prevailing rules. AD Category I banks must notify exporters and the directions are issued under FEMA.
DEDUCTION OF TAX AT SOURCE - RENT – CLARIFICATION OF TDS UNDER CHAPTER XVII-B ON SERVICE TAX COMPRISED OF PAYMENTS MADE TO RESIDENTS
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Service tax component excluded from TDS when separately stated; TDS must be computed on the net payable amount excluding service tax.
Where an agreement between a payer and a resident payee expressly indicates the service tax component separately, tax shall be deducted at source under Chapter XVII-B on the amount paid/payable without including that service tax component, so TDS is computed on the net amount exclusive of service tax.
MIV Logistics Container Freight Station, Kanayannur Taluk, Ernakulam District -procedure to be followed in respect of import, export and transshipment cargo and the movement of containers into and out of the Container Freight Station - reg.
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Container Freight Station procedures: regulated custody, supervised destuffing and EDI gate movement with mandatory records and seals.
Procedures at MLPCFS require separate storage for FCL/LCL and empties, specified registers for receipt, destuffing, stacking endorsements, out of charge memoranda and gate passes, Customs supervision of destuffing and examination under RMS and CBEC instructions, EDI Gate module regulation of container movements with manual approvals where necessary, monthly verification of bond adequacy by Customs, one hour transit standards with condonation procedures for delays, segregation of seized/fumigated/hazardous cargo, and weekly reconciliation of export/import container movements between the CFS and Container Cell.
Implementation of Module for Transshipment of Cargo from a Seaport to Another Seaport in ICES
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Sea-to-sea cargo transshipment module in ICES enables Destination Port/CFS declaration, TP issuance, and system bond/PLA debits.
ICES will implement a sea to sea transshipment module allowing declaration of Destination Port/CFS in IGM, filing of a paper Transshipment Permit request at the Gateway Port Service Centre, validation in ICES Primary, Customs approval and generation of a TP number. Upon approval the system debits the specified TP bond and PLA fee, flags IGM line/container records for destination processing, and permits uni modal direct movement to a Destination CFS when road or rail is used; EDI/BE message and Service Centre filing formats are amended to capture Gateway IGM parameters.
Amendment in Para 5.3.1 of Handbook of Procedure Vol. I, 2009-2014.
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Delegation of extension power for installation of capital goods permits regional authorities to approve extended installation periods.
Amendment requires the authorization holder to produce to the concerned Regional Authority a certificate from the Jurisdictional Central Excise Authority confirming installation of capital goods at the holder's or supporting manufacturer's/vendor's premises within six months of import completion; the Regional Authority may consider extensions of time for installation up to a maximum of eighteen months from the date of completion of import.
Levy of service tax on services provided by a Resident Welfare Association (RWA) to its own members – regarding.
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Exemption for RWA services limited to member contributions for third party goods or services; excess contributions attract service tax liability.
Under the negative list regime, services by RWAs to their own members are exempt when contributions are reimbursements or shares for sourcing third party goods or services for common use, subject to a prescribed per member monetary ceiling; any member contribution exceeding that ceiling is wholly ineligible for the exemption and taxable. RWAs may claim threshold exemption subject to aggregate value rules that exclude exempt services; pure agent treatment can exclude certain pass through payments from taxable value; CENVAT credit is available under the Cenvat Credit Rules.
Precautions to be taken while recording statements u/s 132(4) of the income Tax Act, 1961 including admission of undisclosed income
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Admission of undisclosed income must be supported by cogent evidence and documentary confrontation during searches.
Admissions of undisclosed income during search-related statement recording must be based on material and cogent evidence - seized documents, assets, statements of connected persons or enquiry results - and be substantiated by specifying the manner, years and persons involved. Deponents should be confronted with incriminating documents before admission, and admissions should be followed by questions quantifying the income with reference to supporting material, identifying the assessee(s) and capacity, specifying years, and explaining manner of earning. The search leader must record the basis of any admission in the Authorised Officer's report.
No officer or staff of the Department of Trade and Taxes shall attend the election duty without the prior permission of the Commissioner (VAT) till 31.03.2014.
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Restriction on election duty: department staff must obtain prior Commissioner permission or face disciplinary consequences.
Department staff are prohibited from attending election duty without prior permission of the Commissioner (VAT); this requirement is linked to financial-year-end targets and non-compliance will attract departmental disciplinary action. The instruction is issued by the Human Resource Branch with the Commissioner's approval and circulated to departmental units for necessary action.
Provisions under section 6 (4) of Foreign Exchange Management Act, 1999 - Clarifications
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Retention and transfer of foreign assets: residents may hold and utilise foreign assets acquired while non resident under specified conditions.
Section 6(4) FEMA allows residents to hold, transfer or invest in foreign currency, foreign securities or immovable property abroad if acquired or owned while non resident or inherited from a non resident. Covered transactions include foreign currency accounts maintained when non resident; income from employment, business, vocation or investments undertaken while non resident; gifts or inheritances received while non resident; and foreign exchange or related income held outside India acquired by inheritance. Residents returning to India may utilise eligible assets abroad and related income or sale proceeds for payments or fresh investments abroad without RBI approval, provided such payments and investments are funded exclusively from those eligible assets and comply with FEMA.
Exim Bank's Line of Credit of USD 42.61 million to the Government of the Republic of Benin
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Line of Credit conditions require predominant Indian supply content and prescribe disbursement, documentation and commission rules.
Exim Bank has extended a LOC of USD 42.61 million to the Government of Benin to finance eligible Indian-sourced goods, services, machinery, equipment and consultancy for water-supply upgrades, requiring at least 75 percent Indian supply content and permitting 25 percent foreign procurement. The LOC specifies effectiveness and disbursement timelines, mandatory GR/SDF shipment declarations, prohibition of agency commission from LOC funds (with limited exporter-funded alternatives), and directions issued under the Foreign Exchange Management Act; AD Category-I banks must inform exporters and refer them to Exim Bank for details.
Memorandum of Instructions for Opening and Maintenance of Rupee / Foreign Currency Vostro Accounts of Non-resident Exchange Houses
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Rupee Drawing Arrangements expanded to allow utility, tax and EMI remittances from non-resident exchange house vostro accounts.
Rupee Drawing Arrangements with non-resident exchange houses are expanded to include additional permitted transactions through vostro accounts while retaining their focus on personal remittances and preserving the prohibition on routing donations. The amendment expressly permits payments to utility service providers in India, tax payments in India, and EMI repayments to banks and NBFCs, alongside pre-existing permitted items such as credits to non-resident rupee accounts, family payments, insurance and investment premia, education and medical expenses, hotel and travel bookings, and limited trade transactions, with all other instructions remaining operative.
Resident Bank account maintained by residents in India – Joint holder – liberalization
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Resident bank account joint operation: non-resident close relatives may be joint holders on either-or-survivor basis subject to conditions.
Non-resident close relatives may be joint holders in resident bank accounts on an Either or Survivor basis while the account remains a resident bank account; the NRI cannot credit their own proceeds, may operate the account only for the resident for domestic payments without creating beneficial interest, and must notify the bank to reclassify the account as NRO if they become the survivor, with banks obtaining a signed FEMA compliance declaration.
Foreign Direct Investment- Pricing Guidelines for FDI instruments with optionality clauses
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Optionality clauses in FDI instruments permit investor exit at prevailing market-linked price after applicable lock-in period.
Permits inclusion of optionality clauses in equity and in compulsorily/mandatorily convertible securities issued to non residents under the FDI scheme, requiring buy back at the price prevailing at exercise so investors exit without assured returns. A minimum lock in period applies from allotment. After lock in, listed investees permit exit at recognised exchange market price; unlisted investees permit exit not exceeding a price based on Return on Equity from the latest audited balance sheet; CCDs and CCPS may be priced at an internationally accepted methodology certified by a Chartered Accountant or SEBI registered merchant banker.
Classification of “Transmission shafts / Power takeoff (PTO) shafts” in the HS Harmonised Customs Tariff - regarding
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Classification of transmission shafts placed under transmission-shaft heading, with PTO shafts of agricultural machines treated as transmission parts.
Transmission shafts and PTO shafts are to be classified under the transmission-shaft heading by application of the General Rules of Interpretation and the Section XVI note on parts; when an article qualifies as a transmission shaft it falls within the transmission-shaft heading regardless of intended final use, and PTO shafts made for agricultural tillers should therefore be entered in the transmission-shaft subheading for parts, with pending assessments finalized accordingly.
Classification of Human Embryo – regarding.
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Classification of human embryo as animal embryo permits tariff treatment under animal embryo heading, subject to NOC for import.
Human embryos are categorised as animal embryos and classified under CTH 0511 9999; imports are restricted and permitted only upon production of a no-objection certificate from the national medical research authority, and pending cases should be finalised accordingly.
Review of the existing policy on Foreign Direct Investment in the Pharmaceuticals Sector.
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Non-compete restriction in pharmaceutical FDI: clauses prohibited except in special cases with FIPB approval now required
Foreign direct investment in pharmaceuticals remains at 100% for both greenfield (automatic approval) and brownfield (government approval subject to conditions). Newly imposed restriction disallows non-compete clauses except in exceptional cases with prior approval from the designated foreign investment approval authority; this restriction takes immediate effect.
Meeting Notice Regarding Special Audit
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Special audit under DVAT Act, meeting convened to review CA progress; attendance and documentation required.
A meeting is convened to review progress on cases assigned for special audit under Section 58A of the DVAT Act, 2004; concerned CAs and CA firms must attend prepared to present case-specific progress information and relevant documents. Attendance is required at the stated venue and time, no DA/TA is admissible, and the notice is issued with prior approval of the competent authority.
Regarding sting operation by news channel "Aaj Tak"
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Illegal gratification prohibition: strict integrity requirements and reporting obligations with disciplinary consequences for staff.
Reiterates prohibition on giving or accepting illegal gratification, directs officers and staff to maintain highest integrity, warns of stringent disciplinary action for corrupt practices, requests the Bar Association to report specific malpractices and to advise members and assistants against abetting such acts, and instructs Ward in charges to circulate the circular for strict compliance.
Operational Guidelines for Designated Depository Participants
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Designated Depository Participant obligations: DDPs must register and monitor foreign portfolio investors and enforce eligibility and group investment limits.
The circular mandates that each FPI engage a Designated Depository Participant (DDP) and that the DDP and the FPI's Custodian be the same entity; DDPs must scrutinise Form A applications against a checklist of eligibility and fit and proper criteria, may grant conditional Category II registrations subject to broad based undertakings and 180 day confirmation, and must manage surrender, name changes, DDP transfers and material changes. DDPs must obtain investor group declarations and report to depositories to ensure clubbing of investment limits so aggregate group holdings remain below the prescribed limit, and must implement tax deduction/payment mechanisms and procedures for post expiry disinvestment permissions.
Processing of claims where an exporter gets payment by Insurance Agencies (not through banks).
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Export proceeds via insurance agencies: RAs may process claims by uploading approved claim value in the DGFT EDI system.
An applicant receiving export proceeds through an insurance agency must present the agency's proof of payment to the concerned RA. After verifying the bona fides, the RA will obtain Additional DGFT (EDI) approval and upload the claim value in the DGFT EDI system in lieu of an eBRC. If the proof states the claim in foreign exchange and INR, the foreign exchange amount is used; if stated only in INR, the RA will convert INR to US dollars using the exchange rate published by the customs/central tax authority on the settlement date.

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