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Circulars
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Panel of Accountants u/s 58A of the DVAT Act
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Special audit panel under section 58A appointed to conduct VAT audits for departmental assignments and compliance oversight.
Appointment of a panel of accountants to conduct special audits under section 58A of the DVAT Act 2004 for cases assigned by the Department of Trade & Taxes up to the prescribed cut-off date; the circular finalises and publishes an alphabetical list of authorised firms with addresses and directs departmental distribution and website publication for implementation.
Drawback Schedule, 2007-08 - increase in drawback rates with retrospective effect from 1.4.2007 - exemption from filing supplementary claims-
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Drawback retrospective increase allows automatic EDI credit for exporters for earlier shipments, with specified tariff exclusions.
Differential drawback arising from the retrospective increase will be automatically processed and credited for EDI shipping bills with LEOs issued between 1.4.2007 and 17.7.2007 without supplementary claims; manual shipping bills require supplementary claims under Rule 15, and 37 specified drawback heads are excluded from automated credit and must be claimed manually.
Corrigendum to Public Notice No.61, dated 8.10.2007..
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Special Certification requirement applies EC regulation for complementary sugar; mandates EUR and GSP entries under corrigendum.
The Director General of Foreign Trade issues a corrigendum replacing paragraph 3 of the earlier public notice to prescribe specific Special Certification entries to be made in EUR and GSP documents for raw sugar exports to the EU, directing application of the relevant EC regulation on complementary sugar and the corresponding regulatory serial reference.
Corrigendum to Public Notice No.62, dated 8.10.2007
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Special certification requirement updated: EUR and GSP entries to cite Regulation (EC) 950/2006 for ACP/India sugar exports.
The DGFT corrigendum amends Public Notice No. 62 by replacing the seasonal reference with the 2007-2008 season's production and substituting Para 3 to mandate that EUR and GSP entries state: "Application of Regulation (EC) No. 950/2006, ACP/India Sugar, Serial No. 09.4337," as the Special Certification requirement for the specified sugar export.
Appeal to Supreme Court — Information on connected/ relied upon cases to be annexed
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Status of connected cases must be disclosed in Supreme Court appeals; omission prevents case numbering and invites non acceptance.
Requirement to disclose the status of connected or relied upon cases in the synopsis annexed to Civil Appeals/Special Leave Petitions is mandatory; petitions omitting the status of tribunal or High Court relied matters will not be numbered by the Registrar and will not be accepted by the Board, being treated as non compliance and potential dereliction of duty.
EASIEST — Utilities for verification of assessee details
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Assessee registration verification enables identification and correction of missing taxpayer details to facilitate bank tax payments.
Two electronic utilities are provided to verify assessee details: an NSDL web utility to check the 15-character Assessee Code and the 'PRINT GAR-7 CHALLAN' utility to confirm presence in SACER/SAPS. These tools let field formations or assessees identify whether data is missing in SACER/SAPS, NSDL, or merely not downloaded by banks. Remedial routes include divisional correction or registration, escalation to Directorate of Systems for NSDL synchronization, or engagement with banks/PAO to ensure incremental updates are downloaded.
Facility of Manual Out of Charge of import consignments reg.
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Manual out of charge during EDI connectivity failure allowed after examination and supervisory confirmation, with mandated recordkeeping.
Manual out of charge is permitted when EDI connectivity to CFSs is down for at least one continuous hour and goods have been examined per instructions; the Assistant/Dy. Commissioner (Docks) must confirm the outage with the System Manager/AC (EDI) and authorise manual release. The Shed Appraiser records examination on the Bill of Entry and its photocopy, retains the original, and the photocopy bearing the examination report and Manual Out of Charge is accepted by the CFS custodian and Gate Officer; the Appraiser must later enter the examination reports and outage details into the EDI system and maintain prescribed registers.
Maintenance and furnishing of records in service tax - reg.
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Maintenance of records: assessees must list service tax records and produce requested documents within fifteen days.
Assessees must furnish a one time list of records used for accounting services, input services, inputs and capital goods and financial statements; records maintained under Income Tax, company law, CENVAT Credit Rules, VAT and other State laws are acceptable and no additional maintenance burden is imposed. An officer authorized by office order may access registered premises for scrutiny or audit after prior intimation with a document list; assessees must produce requested records within fifteen days or notify inability with reasons, and the officer may allow additional time.
Amendments in the Hand Book of Procedure (Vol.1), 2004-2009 - Export to SEZ Units/ Supplies to Developers/Co-developers, irrespective of currency of realization, would also be counted for discharge of Export Obligation.
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Export Obligation discharge: supplies to SEZ units and developers count regardless of currency of realization for compliance.
Exports to Special Economic Zone units and supplies to developers or co developers shall be counted for discharge of export obligation irrespective of the currency of realization, by amendment to the Handbook of Procedures (Vol. I) under the Foreign Trade Policy.
Service not originating from India and Served From India Scheme (SFIS) for service providers, clarification thereof
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Services originating from India: only India origin services qualify for SFIS benefits, excluding foreign performed service components.
SFIS benefits are limited to export of services originating from India; services provided wholly or partly abroad are not eligible. The Service Provider definition requires supply "from India," and payments to foreign providers for services performed outside India cannot be treated as India origin services. Telecom and software receipts attributable to non India origin (e.g., global roaming, offshore development) are excluded; telecom FX is to be measured as receivables minus payables. Airlines and shipping must provide route wise bifurcation so only receipts for routes originating in or touching India are considered.
Merger(s) and Acquisition(s) of companies and /or firms during 1.4.2002 to 31.3.2006 and consequential grant of benefits under DFCE for status Holders' Scheme of the then EXIM policy and under Target Plus Scheme of Foreign Trade Policy, clarification thereof
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Eligibility criteria for export reward schemes clarified: pre merger turnover governs eligibility, incremental growth measured on combined pre and post merger turnover.
Principles for awarding DFCE for Status Holders and Target Plus benefits after mergers/acquisitions: eligibility requires any pre merger company/firm to have met the Eligibility Criteria prior to merger; incremental growth percentage, quantum and rate of entitlement are to be assessed on the total of pre merged and post merged eligible export turnover; and the TPS cap is applied only to the pre merger eligible export turnover of the eligible pre merged company/firm in the base year.
Permission for Shortselling of Equity Shares by SEBI registered FIIs
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Short selling permission allows FIIs to short sell, lend and borrow equity shares under regulatory conditions.
SEBI-registered FIIs and their sub-accounts are permitted to short sell and to lend and borrow equity shares of Indian companies subject to RBI and SEBI conditions. Permission is conditional on compliance with current FDI policy and exclusion of shares on the RBI ban/caution lists; borrowed shares may be used only for delivery into short sales; margin must be cash with no interest payable to FIIs. Designated custodian banks must report such transactions daily for RBI monitoring, and related amendments to FEMA regulations are being made.

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Acts Income Tax