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Circulars
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Constitution of bench of Supreme Court to deal exclusively with tax matters on all working days
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Exclusive tax bench requires daily cause list monitoring and immediate departmental readiness for short notice tax hearings.
A bench constituted to deal exclusively with tax matters requires departmental officers to monitor the Supreme Court cause list daily, prepare for listed matters and brief counsels on short notice, ensure successors are informed during absences, and prioritize requests from the Directorate of Legal & Research through a designated Nodal Officer for coordination and clarifications.
Putting of system to regularly monitor the litigation cases for safeguarding the interests of the Union of India
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Litigation monitoring: Government to implement regular case oversight to curb routine adjournments and secure prompt defence.
A system is mandated to regularly monitor litigation involving the Union of India: Commissioners must maintain updated case lists, monitor cases weekly, appoint a senior nodal officer for coordination, and keep counsels promptly informed of hearing outcomes. Adjournments should not be sought routinely; their frequency must be reviewed and corrected. Commissionerates must report poorly handled or lost matters to the Board through the Chief Commissioner for examination and possible referral to the Ministry of Law and Justice, and promptly review whether additional affidavits are required where past positions need modification.
Import/Export of Goods and Documents through Courier Mode at Air Cargo Complex (ACC), Ahmedabad - Regarding
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Round the clock customs clearance extended for courier exports; manual filing, KYC and manifest accuracy required.
Extension of round the clock customs clearance at ACC, Ahmedabad permits 24x7 processing for courier exports while manual mode filing under the Courier Imports and Exports (Clearance) Regulations, 1998 continues until electronic systems are operational; import clearances without EDI/RMS are confined to normal office hours. Authorized Couriers must present CSBs and documents well before flight departures to allow mandatory screening, comply with KYC and qualified filer requirements, furnish complete itemised Courier Export Manifests, and meet custodian support and bond/security obligations. EXIM policy and perishables rules remain applicable.
Entry of factory stuffed (including self sealed) export containers into Port Terminals after LEO –Reg.
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Entry of factory-stuffed export containers: registration for Let Export Order now available at customs to ease port congestion.
Registration and issuance of Let Export Order for factory stuffed export containers of Star Exporters will be available at the Jawaharlal Nehru Custom House CMC Centre in addition to designated CFSs; the facility applies where shipments proceed directly to the port on the basis of invoice or examination report certified by the jurisdictional Central Excise Authority, and all other conditions and procedures in the prior public notice remain unchanged.
04/2015 - 10-03-2015 Companies Law
Clarification with regard to section 185 and 186 of the Companies Act, 2013 - loans and advances to employees reg.
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Loans to employees excluded from section 186 when granted under service conditions and applicable remuneration policy.
Loans and advances by companies to employees, other than managing or whole-time directors, are not governed by section 186 of the Companies Act, 2013. Such advances are permissible provided they conform to the employees' conditions of service and, where applicable, to the company's remuneration policy. Loans to managing and whole-time directors continue to be governed by section 185.
Details of new application uploaded in the DVAT Server.
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Tax compliance notices flag mismatches with e-tailer sales and enable administrative correction and data retrieval.
The circular details four new DVAT server modules: automated tax compliance notices for e-tailer sales mismatches appearing in AA logins; a TIN-to-TIN challan transfer procedure requiring online application, reasons and scanned request with AA examination and Systems Branch approval; an online request-and-verify data download facility for central forms up to 2011-12 allowing AA verification against returns and downloaded-form records; and an enhanced AA interface for updating effective cancellation dates with stricter checks.
Details of new application uploaded in the DVAT Server.
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Payment reconciliation controls: server functionality restricted pending administrative review, with access restored to designated officials.
The DVAT circular withdraws certain DVAT Server functionalities for administrative and security reasons: the Payment Reconciliation link no longer permits entry of Objection Details, Stay Information and Refund Adjustment (access to be provided to designated OHA/VATO officials); Online Central Forms entry/download for manual returns prior to 2012-13 has been disabled pending ward incharge approval and scheduled restoration; and the front-end module to update cancellation dates for erroneous DVAT-11 forms is withheld until built in security checks are implemented.
Exim Bank's Line of Credit of USD 34.54 million to the Government of the Republic of Niger
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Line of credit conditions require majority India sourcing and specified disbursement and reporting requirements under FEMA.
Exim Bank's LOC to Niger finances solar village electrification and a 5 MW PV project, requiring at least 75 percent India-sourced goods and services; up to 25 percent may be procured abroad. The Credit Agreement is effective from February 18, 2015, with opening/disbursement timelines tied to project completion (48 months) and supply contracts (72 months). Shipments must be declared on EDF/SDF forms. No agency commission is payable under the LOC, though exporters may remit commission from their own resources or EEFC balances after realization, subject to remittance rules. AD Category-I banks must inform exporters and obtain LOC details; directions issued under FEMA.
New Module in ICEs .v. 1.5 System for finalization of Provisionally Assessed Bills of Entry (BEs) to eliminate manually driven process.
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Finalization of provisionally assessed bills of entry in ICES triggers duty recalculation and electronic payment and closure procedures.
Finalization of Provisionally Assessed Bills of Entry has been moved into the ICES system: Assessing Officers finalize and forward BEs to Group DC/AC who complete finalization using specific system roles. If duty increases, ICES generates a challan, sends duty instructions via ICEGATE for e payment/branch payment, integrates the payment, and enables bond credit/closure; if duty is unchanged or reduced, bond credit/closure follows directly and refund procedures remain unchanged. Finally assessed BE copies are produced by the system.
Housing Loans: Review of Instructions
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Loan-to-value adjustment for housing loans: banks may include stamp duty and documentation charges for low-cost dwellings.
Banks may include stamp duty, registration and other documentation charges in the Loan-to-Value (LTV) ratio calculation for dwelling units whose cost does not exceed Rs. 10 lakh to assist EWS and LIG borrowers. For projects sponsored by Government or Statutory Housing Authorities, banks may disburse loans according to the authorities' prescribed payment stages-even if not linked to construction stages-provided the authority has no history of project non-completion.
Introduction of Referencer for Export Compulsory Compliance Requirements Regarding.
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Export compliance requirements: New online Referencer enables exporters to check compulsory regulatory obligations before shipment.
An online Referencer on the CBEC Customs Duty Calculator discloses Export Compulsory Compliance Requirements (CCRs) by IT CHS code or description, consolidating obligations under the Customs Act and allied export statutes so exporters and customs brokers can verify restrictions, prohibitions and conditions in advance and reduce clearance delays by encouraging voluntary compliance.
Refund of Cenvat credit under Rule 5 of Cenvat Credit Rules, 2004 and Rebate of duty under rule 18 of Central Excise Rules, 2002 - Instructions
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Export definition clarified: physical export required for Cenvat refund and excise rebate, deemed exports excluded.
Amendments clarify that refund of accumulated Cenvat credit and rebate of duty are allowable only where goods are physically taken out of India. "Export goods" is defined as goods to be taken out of India and the Central Excise Rules explanation confirms export means taking goods out of India, including ship/aircraft stores. Supplies that do not leave India, i.e., deemed exports (for example to EOUs, EHTPs, STPs), are not eligible for cash refund or rebate. Jurisdictional officers must apply these amendments when sanctioning refunds and rebates.
SARAL Account Opening Form for resident individuals
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Simplified Account Opening: SARAL AOF permits residents to open trading and demat accounts using single proof of address.
SARAL AOF permits resident individuals to open trading and demat accounts with a simplified form while preserving standard KYC documents and AML/PML obligations. An investor need submit only one documentary proof of address (residence/correspondence or permanent); if that address is not the current residence, a declaration of correspondence address is acceptable without proof, subject to notification of changes within two weeks and intermediary verification by positive confirmation methods such as dispatch acknowledgements, telephone contact or visits.
Implementation of Sevottam; submission of all written communications in Centralized Receipt Section – reg.
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Centralized Receipt Section requirement mandates submission of written communications to CRS with Unique Receipt Number for tracking.
Requirement to submit all written communications to the Centralized Receipt Section (CRS) at JNCH; CRS will acknowledge receipt and allot a Unique Receipt Number to be quoted in future correspondence for tracking. Exceptions to CRS submission include refund claims; replies to queries in live bills of entry; documents at personal hearing; amendment-related documents for bills of entry, shipping bills, IGM and EGM; licence registration and verification correspondence; and live bill/shipping bill correspondence. Complaints of harassment relating to consignments, system processes or individuals must be addressed to the concerned Commissioner.
Cancellation of licences of NGOs for failure to file annual returns
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NGO registrations cancelled for failure to file FC 6 annual returns; district authorities to manage assets.
The Central Government cancels the FCRA registration certificates of 1,142 associations in the erstwhile State of Andhra Pradesh for failure to file mandatory annual returns in form FC 6 for 2009 10 to 2011 12, constituting violation of Section 18 read with Rule 17(1). Show cause notices were issued to 1,441 associations; 229 replies are under examination, 510 notices were returned undelivered and 632 associations did not respond. Cancellation is effected under Section 14 of the FCRA, 2010, with District Magistrates directed to manage the associations' assets and the Reserve Bank of India notified.
Timely Disposal of Registration applications
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Timely registration disposal required: process new applications within two days and report pendencies with reasons.
Directs Chief Commissioners to ensure registration applications under the simplified procedure are disposed within two days, with personal monitoring by Commissioners. Past applications pending in ACES as of the Budget presentation must be cleared in accordance with the circular and completed by 15/03/2015. Commissioners must submit fortnightly reports on applications pending more than two days with reasons, and the quarter end report for 15 March must be submitted immediately.
Trade Credits for Imports into India β€” Review of all-in-cost ceiling
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Trade credit all-in-cost ceiling remains applicable, extending the regulatory cap on import finance and subject to review.
The circular states that the existing all-in-cost ceiling on trade credits for imports into India will continue to apply until March 31, 2015 and is subject to review thereafter; all other aspects of the Trade Credit policy remain unchanged, Category I Authorized Dealer banks must inform their constituents, and the directions are issued under the Foreign Exchange Management Act without prejudice to other statutory permissions.
External Commercial Borrowing (ECB) Policy β€” Review of all-in-cost ceiling
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All-in-cost ceiling for external commercial borrowings remains in force and AD banks must notify customers accordingly.
The circular maintains the all-in-cost ceiling for External Commercial Borrowings as previously specified, extends its applicability until the designated review date, leaves all other ECB policy provisions unchanged, directs Authorized Dealer Category I banks to inform constituents and customers, and issues the directions under Sections 10(4) and 11(1) of the Foreign Exchange Management Act without prejudice to other legal permissions.
24X7 Customs Clearance Operations in respect of identified categories of import and export goods- Regarding
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24x7 customs clearance operations permit off hour registration and out of charge for RMS no assessment imports and factory stuffed exports.
Continuous 24X7 customs clearance is introduced at specified CFSs/ICD under Chennai IV Commissionerate from 05.03.2015 for RMS facilitated self assessed import Bills of Entry requiring no assessment and no examination and for factory stuffed exports/free shipping bills; off hour Customs Officers will register BE/SB in the EDI system after mandatory pre clearances and the Proper Officer will grant Out of Charge/Let Export Order after ensuring adherence to RMS Compulsory Compliance Requirements, with custodians providing infrastructure and a designated nodal officer for coordination.
Receipt of NOC/NCCs for import consignments from FSSAI -Reg
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Access to FICS: Customs to download and distribute NOC/NCCs daily to enable direct import clearance.
Customs will receive a dedicated login to FSSAI's Food Import Clearance System to view and download NOC/NCCs; the A.C./D.C.(Docks Admin) will download certificates daily, e mail them to relevant appraising groups and CFS/Ports, and provide endorsed printed copies to importers or Customs Brokers, while registered importers/brokers can also view issuance in their FICS accounts and approach the concerned appraiser or CFS superintendent for clearance.

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