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Advertisement by mutual funds
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Advertisement disclosure requirement: mandated risk and scheme statements must be printed in bold and prominently shown to protect investors.
Mandatory advertisement disclosures that investments are subject to risk and that scheme documents should be read must be included in all mutual fund advertisements; to ensure prominence these required statements (Clauses 10, 13 and 14 of Schedule VI of the Advertisement Code) shall be printed in bold, and all mutual funds and AMCs must comply with this requirement as an exercise of the regulator's powers to protect investors and regulate the securities market.
Order - furnishing of reconciliation return in Form DVAT 51, up to 31st March, 2010 for the Ist and IInd quarter of the year 2009-10. - furnishing of the portion marked 'original' of the Declaration Forms 'C', 'E-I' or 'E-II', 'F', 'I', 'J' and 'H'
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Extension of filing deadline: reconciliation return and original declaration forms filing timeframe extended for specified quarters.
The Commissioner extends the time for furnishing the reconciliation return in Form DVAT 51 for the first and second quarters of 2009-10 and for furnishing the portion marked 'original' of Declaration Forms C, E-I/E-II, F, I, J and H relating to that year for the same quarters, under the cited provisions of the Delhi Value Added Tax Rules and Central Sales Tax Rules, with directions for departmental dissemination and compliance.
Procedure for movement of Mafi Trailers – reg.
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Stores classification permits transfer of Mafi trailers as vessel stores with proper officer permission under transit rules.
Mafi trailers are to be treated as stores rather than equipment on board, falling within the definition of goods for use in a vessel or aircraft. The movement and transfer of such trailers are governed by the stores regime, under which imported stores may be transferred to another vessel or aircraft with the permission of the proper officer.
order - Work Allocation
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Work allocation assigns zone-specific appeals and objections jurisdiction and responsibility for operational tax administration cells.
Order allocating administrative and adjudicatory duties among Department of Trade & Taxes officers, assigning zone-specific authority for objections and appeals by pecuniary limit, and designating responsibility for operational units including CFC, Refund, Forms, Training, Recovery & Collection, Border Checking, a Cash Memo cell and an exporters cell; several officers tasked with systems, TPS and GST implementation and coordinated border checks. Notes direct Special Zone matters to the Additional Commissioner-I, designate supervision of the exporters cell to a specified Additional Commissioner, and confirm continuation of recovery powers for a Joint Commissioner.
Amendment in HBP-V1-Additional items-markets for incentives under chapter-3 schemes-Admissible date of Export/Period
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Admissible date of export/period set at 27.8.2009 for claiming chapter 3 export incentives unless otherwise notified.
The amendment replaces the column heading 'Admissible Date of Export' with 'Admissible Date of Export/Period' in specified HBP appendices and inserts a note stating that, unless a specific date or period is subsequently notified, the admissible date of export for claiming benefits is 27.8.2009; the amendment is effective from 1.1.2010.
Appoints Adjudicating Authority
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Appointment of Adjudicating Authority: show cause notice reassigned for adjudication under Customs Act powers by Board.
The Central Board of Excise and Customs assigned a Show Cause Notice issued by the Additional Director General, DRI to the Commissioner of Customs (Adjudication), Mumbai for adjudication under the powers conferred by Notification No. 37/2003-Customs (N.T.) issued under section 4(1) of the Customs Act, 1962, reallocating adjudicatory responsibility for the specified proceedings.
Irregular availment of Cenvat credit on certain activities not amounting to manufacture-reg.
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Cenvat credit eligibility: credit disallowed where activity does not amount to manufacture; regularisation route available.
Irregular availment of Cenvat credit on activities that do not amount to manufacture is not permissible under Rule 3 read with Rule 6 of the CENVAT Credit Rules, 2004; such processing does not attract duty and thereby does not justify input credit. Departments must advise assessees to stop paying duty and claiming credit where there is no manufacture, while assessees who have already paid duty and face a judicial finding of non-manufacture may seek regularisation under Section 5B of the Central Excise Act, 1944.
Remittance of Salary - Relaxation
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Remittance of salary: full transfer to foreign currency accounts abroad allowed where income tax on Indian accrued salary is paid.
Full remittance of salary to foreign currency accounts abroad is permitted for: (a) foreign nationals resident in India employed by foreign companies (or Indian citizens employed by foreign companies abroad) on deputation to their Indian operations; and (b) foreign nationals resident in India employed by India incorporated companies who remit salary received in India. In all cases the entire salary accrued in India must be subject to income tax under the Income tax Act before credit or remittance to the foreign currency account.
Delayed, incomplete or incorrect filing of Import Manifest of Import Report Amendment of Import General Manifest reg.
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Amendment of Import General Manifest denied when first consignee filed bill without withdrawal or NOC; goods subject to disposal.
Requests to amend consignee name in the Import General Manifest will not be entertained if the first-named consignee has already filed the Bill of Entry and has neither withdrawn it nor provided a No Objection Certificate; the EDI System will not accept a fresh Bill of Entry by a subsequent consignee until the original is cancelled, and goods uncleared beyond the statutory period are liable to statutory disposal.
STANDING COMMITTEE ON COMMERCE INVITES SUGGESTIONS ON FOREIGN TRADE (DEVELOPMENT AND REGULATION) AMENDMENT BILL, 2009
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Safeguard measures expand trade law to allow quantitative restrictions and tighten controls on dual use goods and technologies.
The Amendment Bill would add statutory safeguard measures allowing quantitative restrictions, tighten export controls on dual use goods and technologies, extend the Act to encompass technology and services (including financial services) for administering incentive schemes, broaden the definition of "licence", dispense with licences except as provided by the Act, enable swift action in trade disputes, rationalise fiscal penalties, empower settlement of customs and excise dues, and permit review of subordinate officers' decisions by the Director General of Foreign Trade.
Amends Appendix 37D-TABLE 6: NEW MARKET LINKED FOCUS PRODUCTS
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Cotton woven fabrics added as market-linked focus products, linking them to specific export markets for trade benefits.
Amendment adds cotton woven fabrics (ITC(HS) 5208-5212) to Appendix 37D, Table 6 as a New Market Linked Focus Product, making that product-sector eligible for export-linked benefits under the Foreign Trade Policy, 2009-14 for exports on or after 1 January 2010, and links the product to specified markets including Algeria, Egypt, Kenya, Nigeria, Tanzania, South Africa, Ukraine, Mexico, Brazil, Australia, New Zealand, Cambodia, Vietnam, China and Japan.
Insertion of Para 6.31 in HBP v 1 2009-14
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Composition of Unit Approval Committee specified for the Handbook of Procedures, clarifying membership and special invitee provision.
The Handbook of Procedures (Vol. I) is amended to insert a provision prescribing the composition of the Unit Approval Committee: Development Commissioner as Chairperson; Jurisdictional Commissioner of Central Excise & Customs, Joint DGFT, and Joint/Deputy Development Commissioner of the Zone as Members; and provision for any other departmental nominee to attend as a special invitee, pursuant to powers under Para 2.4 of the Foreign Trade Policy.
Purchase of Immovable Property in India by Persons of Indian Origin (PIOs) - Amendment of the definition
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Definition of Person of Indian Origin expanded to include maternal and maternal grandparental lineage, altering property purchase eligibility.
Amendment expands the Person of Indian Origin (PIO) definition for acquisition of immovable property by adding mother and grandmother to the lineage criteria, while retaining prior exclusions and the provision that an individual who at any time held an Indian passport qualifies; Authorised Dealer Category I banks are directed to notify customers and apply the change under FEMA directions, subject to other statutory permissions.
Re-credit of 4% SAD refund in case of DEPB, VKGUY, FOCUS Market Scheme FOCUS Product Scheme
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Re-credit of SAD refund: procedure to re-credit SAD to DEPB and other scrips through reassessment and dummy out of charge.
The notice prescribes an administrative workaround to re-credit SAD refunds to DEPB and other export scrips due to EDI limitations: cancel out-of-charge for archived B/Es, recall and transfer B/Es for reassessment by the Assessing Officer to remove SAD, and then record a dummy out-of-charge so the system reflects the re-credit.
Quarterly Reporting by Foreign Venture Capital Investors (FVCI)
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Quarterly reporting requirement for foreign venture capital investors mandates online submission of revised format within seven days each quarter.
All Foreign Venture Capital Investors must submit a revised quarterly report in the prescribed format, uploaded online within seven days from the end of each calendar quarter; domestic custodians are responsible for timely submission. The format requires cumulative and scheme-level disclosures of funds committed, total investible funds, investment mix across equity, debt and VCFs, industry-wise investment break-up and detailed tables distinguishing listed, unlisted equity, debt and SPV investments.
Setting up of small scale units in Central Government SEZ - reg.
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Preference for Small Scale Units: central SEZs to reserve space and establish incubators to support SSI IT/ITES units.
Central Government SEZs must give preference to small scale units in space allotment, with DCs ensuring priority allocation to SSI units. IT/ITES SEZs are to establish incubators and reserve part of SEZ space for SSI IT/ITES units, while other SEZs must allocate a portion of space to SSI units. Development Commissioners shall review implementation monthly in Unit Approval Committee meetings to monitor compliance.
Procedure for processing of raw sugar into refined sugar by the job workers of Importers
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Cenvat credit: principal importers may send raw sugar to job workers and claim input credit after certified receipt.
Procedure allows a principal manufacturer who imported raw sugar under the exemption to send imported stock directly to job-worker refineries with prior AC/DC permission; transport documents must show importer and job-worker and permission reference. The job-worker must notify the AC/DC within 48 hours and obtain a certificate of receipt. Based on that certificate the principal manufacturer may claim cenvat credit and remains liable for duty on refined sugar; invoicing from the principal must be marked for clearance from the job-worker and the job-worker must maintain grain-to-grain records. Contract substitution or bond endorsement is permitted subject to other exemption conditions.
Amends Appendix 37D- Table No. 6 - NEW MARKET LINKED FOCUS PRODUCTS
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New Market Linked Focus Products: export benefits for chemical exports linked to specified international markets from Jan to Jun 2010.
The Director General of Foreign Trade, under Paragraph 2.4 of the Foreign Trade Policy, adds Table 6 to Appendix 37D creating "New Market Linked Focus Products" and making export benefits available for shipments from 1 January 2010 to 30 June 2010. Table 6 designates chemical sectors-inorganic chemicals (chapter 28) and organic chemicals (chapter 29)-and lists linked markets for chapter 28 including Algeria, Egypt, Kenya, Nigeria, Tanzania, South Africa, Ukraine, Mexico, Brazil, Australia, New Zealand, Cambodia, Vietnam, China and Japan; chapter 29 has no markets specified in the published table.
Amends Appendix 37A
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Amendments to export appendices add VKGUY products, new focus market Timor Leste, and expanded market-linked focus products.
Adds specific VKGUY products to Appendix 37A; adds Timor Leste to Appendix 37C focus markets; expands Appendix 37D by inserting numerous FPS product codes and descriptions in Table 4, adding Special Focus Products in Table 5 (including bicycles, agricultural machinery parts, fasteners, pumps, staples and related items), adding China and Japan as linked markets for Table 6, and listing market-linked focus products and target linked markets for sectors such as machine tools, earth-moving equipment, transmission towers, electrical equipment, steel tubes, galvanized sheets, compressors, structures, auto-components, three-wheelers, scaffoldings and vulcanized rubber items.
Eligibility of cotton bathmats/rugs for grant of duty credit scrip under VKGUY/FPS of FTP.
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Eligibility of tufted cotton bathmats/rugs for duty credit scrip requires specified self-declaration and shipping bill description.
Exports of cotton bathmats/rugs under ITC (HS) Codes 5703 or 5705 described on export documents as cotton bathmats/rugs or machine-made/machine-tufted cotton bathmats/rugs shall be eligible for duty credit scrip under Focus Product Scheme or earlier VKGUY/FPS rates after the exporter furnishes a self-declaration certifying tufting by a worker using a table-top mounted sewing machine and that cutting, sheering, embossing and related finishing operations were done manually; from the circular's date exporters must describe goods as "tufted cotton bathmats/rugs" and provide the specified declaration.

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