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07/2013 - 20-03-2013 Companies Law
Relaxation of additional fees and extension of last date in filing of various forms with the Ministry of Corporate Affairs-reg.
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Extension of filing deadline relaxes additional fees and reinstates expired filings, providing a short cure period to submit documents.
The Ministry extended the filing deadline and relaxed additional fees for specified forms, directed correction of increased additional fees for affected SRNs by updating fees in the database, regenerating challans with extended short-term validity and notifying users, and restored expired filings arising during the interim period while granting a limited cure period to file; failure to file within that period will result in NTBR status, and fees for forms due before the interim period remain payable with additional fee.
Allocation of work
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Allocation of work: temporary reassignment of Enforcement and Recovery duties during an officer's leave for continuity of functions.
Order reallocates duties during the Additional Commissioner's leave: Enforcement-II is assigned to the Additional Commissioner, Sh. Satnam Singh, and Recovery Branch plus Zone-III administrative work is assigned to the Joint Commissioner, Sh. Rajesh Goyal; effective immediately until the Additional Commissioner returns.
Arbitration Mechanism through Stock Exchanges - Introduction of Automatic Process and Common Pool of arbitrators
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Common pool arbitrator selection: automatic randomized appointments replace exchange selection and require bye law amendments with conflict of interest opt out mechanism.
Lists of arbitrators on panels of recognised national stock exchanges must be pooled centre wise into a publicly available "Common Pool," from which applicants may choose. Failing party appointment, a randomized, computer generated Automatic Process will select arbitrators in chronological order of references and issue real time alerts; exchanges must communicate appointments by the next working day. Appointed arbitrators with probable conflicts must decline and the automatic process will reselect; timeline extensions must be recorded. Fees follow existing provisions and exchanges must amend bye laws for immediate implementation.
Product Labeling in Mutual Funds
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Mutual fund product labeling requires clear scheme nature, one line objective, colour risk box and suitability disclaimer.
Mutual funds must apply standardized product labeling stating scheme nature and time horizon, a one line investment objective and product type, a colour coded risk level box (Blue low, Yellow medium, Brown high) with textual description, and a suitability disclaimer. Labels must appear prominently on initial offering forms, Key Information Memoranda, Scheme Information Documents, the common application form and scheme advertisements. The requirement applies to all existing and future schemes effective July 1, 2013, with early adoption permitted.
Counter timings for submission of the various applications to the office of DGFT w.e.f.18th March, 2013
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Counter timings for DGFT submissions restrict after 12:30pm acceptance to exporters outside local limits; delivery starts at 3pm.
The notice prescribes differential counter submission and delivery timings at the DGFT office based on the exporter's administrative office location: only exporters whose administrative offices are outside local municipal limits may submit after 12:30 P.M.; prescribed slots apply for IEC applications, Advance Authorisations and DFIA (one day), other submissions, with document delivery beginning at 3:00 P.M. and a specified lunch break.
Launch of additional export modules through the Indian Customs EDI System (ICES 1.5) for filing and processing of documents for export at Raxaul LCS
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Electronic export filing via centralized ICES platform mandates registration, certified bank details and system based processing and refunds.
ICES 1.5 is implemented at Raxaul LCS as the centralized platform for electronic filing and processing of multiple categories of shipping bills. Exporters, CHAs and banks must register requisite identifiers (IE Code, CHA registration, AD/IFSC and bank account details, DGFT licence codes, currency/units/country/port codes) and submit certified documents where required. Service centre and RES filing procedures, checklist validation, automated shipping bill numbering, system routing for assessment and queries, sample/testing rules, container and self seal protocols, duty/cess challan generation, computerized drawback and service tax refund processing, and grievance/helpdesk mechanisms are prescribed.
Minutes of the 57th meeting of the SEZ Board of Approval held on 15th March 2013 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals
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Special Economic Zone approvals conditioned on developer obligations, tax assessment rights, de notification rules and time limited extensions.
The Board decided on formal approvals, co-developer admissions, authorized non-processing operations, area adjustments including de-notifications and withdrawals, and time-limited extensions of LoA and LoP. Co-developer approvals require lease agreements detailing financial arrangements and confirm that tax treatment of rentals, premiums or down payments remains subject to assessment by tax authorities. Authorized non-processing activities were approved for exclusive SEZ use and additional costs must be borne by developers. De-notifications and withdrawals were approved subject to DC certificates and state no-objection. Extensions were granted conditionally for fixed periods based on demonstrated progress; transfers and equity changes require continuity of SEZ obligations, compliance with eligibility and revenue laws, disclosure of financial details and remain open to tax assessment.
Opening of offices during the last week of the March, 2013 - Regarding.
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Office opening requirement to ensure year-end revenue collections; offices must remain open and notify trade.
Directive requiring offices to remain open on specified year end days as a special measure to secure month end revenue collections and to issue trade notices; the Department also proposed extended or half day bank hours on certain holidays and the year end weekend to align banking availability with revenue collection needs.
Sharing of information regarding issuer companies between Debenture Trustees and Credit Rating Agencies
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Information sharing obligations between debenture trustees and credit rating agencies to enable credit monitoring and investor protection.
The circular requires information sharing between debenture trustees and credit rating agencies under Section 11(1), mandating exchange of specified categories of issuer and issue-related information, use of designated email addresses for transmission, and appropriate follow-up action. CRAs must provide ratings, rationales, press releases, non-cooperation notices, withdrawal and default information; DTs must provide encumbrance and asset-cover status (half yearly), Debenture Redemption Reserve movements (annually), redemption details, defaults, restructurings, project and fund-utilisation reports, grievances and issuer non-cooperation as available.
Clarification regarding TED Refund where TED exemption is available
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TED refund prohibition where supply is ab-initio exempt, refunds must not be granted by RAs or development commissioners.
Regional Authorities of DGFT and Offices of Development Commissioners must not provide TED refunds for supplies that are ab-initio exempted from excise duty: supplies under invalidation letters against Advance Authorisation, supplies under ICB, and supplies to EOUs. The circular states that such duty should not have been collected and, if collected in error, the collecting agency must refund it rather than seek reimbursement from another agency.
Extension of time for submission of DVAT-51 and furnishing of Central Declaration Form for the Ist, IInd, IIIrd and IVth quarters of the year 2011-12 (up to 10th April, 2013)
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Extension of time for VAT reconciliation return and original central declaration forms filing for specified tax quarters.
The Commissioner extends the time for furnishing the reconciliation return in Form DVAT-51 and for submitting the 'original' portion of Central Declaration Forms C, E-I, E-II, F, I, J and H for the first through fourth quarters of the 2011-12 tax year, exercising powers under Rule 49A of the Delhi VAT Rules, section 9(2) of the Central Sales Tax Act, 1956, and relevant Central Sales Tax Rules.
Appointment of Common Adjudicating Authority
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Assignment of adjudicating authority reallocates a customs show-cause notice for statutory adjudication under customs notification.
The Board assigns the Show Cause Notice issued by the Directorate of Revenue Intelligence in respect of M/s Adani Enterprises Ltd. and others to the Commissioner of Customs, Custom House, Ahmedabad for the purpose of adjudication, invoking the power under the Customs notification issued under the Customs Act and transmitting the matter for statutory adjudication.
Appointment of Common Adjudicating Authority
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Appointment of Common Adjudicating Authority assigns adjudication of specified show cause notices to Commissioner of Customs (Export).
The Board assigns the listed show cause notices, issued by specified customs authorities in respect of named parties, to the Commissioner of Customs (Export), New Custom House, New Delhi, for the purpose of adjudication, consolidating adjudicatory responsibility under the statutory notification framework and notifying relevant customs offices and the departmental webmaster.
Reporting and accounting of collection of Direct Taxes (CBDT) and Indirect Taxes (CBEC) and transactions of Departmentalized Ministries at the Receiving/Nodal/Focal Point branches of Bank
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March residual transactions reporting requires separate, sequential scrolls and segregated accounting to record year end government receipts correctly.
Banks must adopt special messenger or courier arrangements at receiving branches so that challans/scrolls for payments and collections made at year end are passed to Nodal/Focal Point branches without delay. Nodal/Focal Point branches shall segregate, daily, all scrolls pertaining to the prior financial year received in April and prepare distinct, sequentially numbered main scrolls marked as March Residual, report them separately to departmental officers and to the bank Link Cell for settlement with the Reserve Bank, and submit separate statements for residual and current transactions.
Maintenance of Collateral by FIIs for transactions in the cash and F & O segments
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Collateral eligibility for FIIs expanded to include corporate and government bonds and AAA sovereign securities for trading collateral.
FIIs may offer corporate bonds as collateral in the cash segment, and government securities and corporate bonds as collateral in the F&O segment; FIIs may also offer cash and foreign sovereign securities with AAA ratings as collateral in both segments, with SEBI to issue operational guidelines, pursuant to Schedule 5 of the FEMA Transfer or Issue of Security Regulations and directions under the Foreign Exchange Management Act.
06/2013 - 14-03-2013 Companies Law
Clarification under Section 372A(3) of the Companies Act, 1956.
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Section 372A(3) compliance: effective yield on tax-free bonds above bank rate avoids breach under Companies Act.
Clarification: where the effective yield on tax-free bonds exceeds the prevailing bank rate, loans to acquire those bonds do not violate the prohibition on lending below the prevailing bank rate under Section 372A(3); the rule compares effective rate of return rather than nominal coupon and is effective from the date of the circular.
Income Tax Offices through out India shall remain open and the receipts counters shall also work during normal office hours on 30th and 31st of March 2013. - Order Under Section 119(1) of the Income tax Act, 1961
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Administrative directive keeps income tax offices and receipt counters open for year end filings and additional counters arranged.
Order under Section 119 directs all Income Tax offices and receipts counters to remain open during normal office hours on the specified year end weekend to facilitate filing of returns and related taxpayer work; additional receipt counters should be opened where necessary and the arrangement widely publicised as an administrative convenience.
Money Transfer Service Scheme – Revised Guidelines
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KYC/AML/CFT compliance: revised MTSS guidelines require strict due diligence and reporting for inward remittances and collateral norms.
The revised MTSS guidelines under FEMA permit only inward personal remittances to individual beneficiaries via authorised Indian Agents tied to Overseas Principals, prescribe selective authorisation criteria (eligible applicant types, minimum Net Owned Funds, documentation, collateral), impose limits on cash disbursements and per beneficiary receipts, require Indian Agents to supervise Sub Agents, and mandate comprehensive KYC/AML/CFT controls and CTR/STR reporting under the PMLA, with ten year record retention and RBI inspection powers.
β€œWrite-off” of unrealized export bills – Export of Goods and Services – Simplification of procedure
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Write-off of unrealized export bills permitted within prescribed limits, subject to eligibility, documentation, and surrender of incentives.
Write-off of unrealized export bills is permitted for exporters and AD Category I banks within prescribed limits tied to total export proceeds realised in the previous calendar year, subject to conditions including a one year outstanding period, documentary proof of recovery efforts, enumerated eligibility categories (buyer insolvency, untraceability, destruction/auction of goods, embassy assisted settlements, undrawn small balances, disproportionate legal costs, dishonour of adjustment bills), and surrender of proportionate export incentives where applicable; AD banks must obtain evidence, report write-offs to the Reserve Bank, conduct audit checks, and refer exceptional cases to the regional office.
Types of cases where manual filing of Bill of Entry (BE) & Shipping Bills (SB) may be allowed by the Commissioner of Customs (Import/Export) – reg.
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Manual filing of Bills of Entry may be allowed for specified EDI-exception cases subject to Commissioner approval.
Manual filing of Bills of Entry and Shipping Bills may be permitted for specified import and export categories (diplomatic cargo, ex-bond excess clearances, Carnet imports, custodian-filed BEs, certain vessels, EPCG concession cases pending EDI updates; and ship stores, deemed exports, non-EDI warehouses, unaccompanied baggage, PAS post parcels, re-exports). For unlisted categories, requisitions must be routed from the Appraising Group/Section to the EDI Section with recommendations and placed before the Commissioner, and permissions will follow the Board's instructions referenced in the notice.

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