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Circulars
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03/2011 - 21-02-2011 Companies Law
Clarification in respect of Circular No. 2/2011 dated 8th February, 2011 regarding direction under Section 212(8) of the Companies Act, 1956.
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Applicability of Section 212(8) directions: circular effective for financial statements for years ending on or after the specified year end.
Clarification that Ministry Circular No. 2/2011 regarding directions under Section 212(8) of the Companies Act, 1956, applies to balance sheets and profit and loss accounts prepared for financial years ending on or after 31st March, 2011.
Order direction that all objections pertaining to a particular year shall be filed before on Objection Hearing Authority only
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Single-authority filing requirement: objections for a tax year must be lodged before the Objection Hearing Authority with highest pecuniary limit.
All objections by a dealer for a given assessment year must be filed before a single Objection Hearing Authority-the one with the higher or highest pecuniary limit for objections in that year; this requirement takes immediate effect, while objections already filed with different authorities remain where they were originally lodged.
Remedial measures to mitigate difficulties faced by service tax assessees in e-filing of Service tax returns
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E filing assistance: new ACES support includes helpdesk, facilitation centres, manuals and automated account recovery.
Operational support for ACES e filing comprises a national Service Desk with ticketing and escalation, email submission of XML files, ACES Certified Facilitation Centres providing digitization and authorised on behalf filing services, web based Learning Management Software and user manuals, jurisdictional Range Officers empowered to update credentials and regenerate TIPIN/password, and automated password recovery being implemented by the Directorate.
Customs Procedure for ICTT, Vallarpadam, Cochin Port
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Customs procedure for export containers: seal verification and checklist endorsement required before Let Export Order and loading allowed.
Containers sealed by authorised officers shall be moved directly to ICTT Vallarpadam; the Custom House Agent must present the Shipping Bill checklist with the examination report to the Preventive Officer, who will verify containers, endorse the checklist with 'seal intact', record permitted containers in a separate register and permit 'Allow Loading' at the ICTT gate. The endorsed checklist is then presented to the designated Appraiser/Superintendent at Ernakulam Wharf for the issuance of the Let Export Order subject to statutory compliance. Existing Trade Facility No. 4/2011 procedures continue and this arrangement is interim until permanent facilities are provided.
Notice of the clarification regarding exemption from filing of ER-4, ER-5 & ER-6 returns
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Exemption from ER-4/ER-5/ER-6 filing confirmed: exempt assessees need not comply with electronic filing despite lower e-filing threshold.
Assessees exempt from filing ER-4, ER-5 and ER-6 under the cited notifications are exempt where duty paid is below the higher exemption threshold including amounts paid by utilization of CENVAT credit; such exempt assessees are not required to file those returns electronically even if their duty paid including CENVAT utilization in the preceding year exceeds the lower electronic-filing threshold.
Amendments in the Reward/Incentive Schemes of Chapter 3 of FTP 2009-14:- Appendix 37A and Appendix 37D of Handbook of Procedure Vol. 1.
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Reward and incentive scheme amendments expand eligible export products and specify benefit linkages for exports after January first.
Amendments add specified ITC HS codes and product descriptions to Appendix 37A (VKGUY) and Appendix 37D (FPS) of the Handbook of Procedures Vol. I, expanding eligible commodities and specifying variant eligibility, Special FPS, Bonus and Market-Linked treatments; entitlements apply for exports made on or after 1 January 2011 under powers conferred by paragraph 2.4 of the Foreign Trade Policy.
Amendment in Paragraph 2.63 of Handbook of Procedures, Vol.I, 2009-2014(RE 2010) regarding issue of RCMC by Director, Handicrafts, Government of Jammu & Kashmir.
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Registration Cum Membership Certificate authorization allows state-level issuance for handicrafts and handloom exporters, easing local certification access.
Amendment authorizes issuance of Registration Cum Membership Certificate (RCMC) to exporters of handicrafts and handloom products from the State of Jammu & Kashmir by the State-level Director of Handicrafts, effected by adding Sub Para (viii) to Paragraph 2.63 of the Handbook of Procedures, Vol. I, 2009-2014 (RE 2010) under powers of Paragraph 2.4 of the Foreign Trade Policy, 2009-14. The change delegates issuance of this export compliance document to the designated state authority, enabling regional exporters to obtain RCMC locally.
Prohibition on export of onion – Exemption for export of Bangalore Rose onions and Krishnapuram onions.
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Export prohibition modified: specified onion varieties allowed only under licence with a minimum export price condition.
Two named onion varieties were reclassified from prohibition to the restricted category, permitting export only under licence and subject to a Minimum Export Price; exporters must apply to Regional Authorities using the prescribed application (ANF 2D), and Regional Authorities must send weekly reports of licences issued to designated email addresses.
Declaration relating to ozone depleting substance
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Ozone depleting substance declaration required only for chemical inputs in advance authorisation and DFIA applications.
The declaration requirement for advance authorisation and DFIA applications is confined to chemical inputs that may be ozone depleting substances; the declaration is mandatory only where inputs are chemical items to prevent import of ODS under those schemes.
Clarification regarding Liability of Service Tax under the category "Construction of Complex Services"
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Deemed construction service: builders liable for service tax unless full payment follows issuance of a competent completion certificate.
Construction of complex intended for sale is deemed a taxable service by the builder unless full consideration is paid after issuance of a competent authority completion certificate. The explanatory amendment effective from 1-7-2010 treats construction for sale as a service except where no sum is received from or on behalf of the buyer before grant of the completion certificate. Pre-effective-date services attracted no tax but any amounts collected as service tax for such services must be deposited; payments made before the effective date are exempt subject to documentary evidence. "Authority competent" includes registered architects, chartered engineers and licensed surveyors authorised to issue completion certificates.
Master Circular on Micro Credit
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Micro credit: banks must mainstream SHG lending as priority sector with simplified procedures and discretionary interest rates.
The circular requires banks to treat the SHG-Bank Linkage Programme as a normal business activity and to report lending under a separate Advances to SHGs segment as part of priority sector lending, while permitting operational flexibilities on margin, security, documentation and savings linked loan ratios; banks must provide simplified procedures, delegate sanctioning powers to branches, train staff, monitor and review SHG lending with half yearly reports to NABARD and SLBC/DCC oversight.
Clarification regarding excisability of Bagasse prior to the budget of 2008
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Excisability of bagasse: pre-2008 cases to be decided per apex ruling; post-2008 amendment remains unaffected.
Cases concerning the excisability of bagasse for periods prior to the 2008 budgetary changes are to be removed from the call book and decided in accordance with the law as laid down by the apex authority following dismissal of the department's appeal; the apex decision does not affect the post 2008 position where the definition of excisable goods was amended, and earlier clarifications regarding the post 2008 period remain operative.
Exim Bank's Line of Credit of USD 416.39 million to the Government of the Democratic Socialist Republic of Sri Lanka
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Line of Credit to Sri Lanka conditions financing on India sourcing, shipment reporting and prescribed disbursement timelines.
A concessional Line of Credit of USD 416.39 million to Sri Lanka funds specified railway track-laying projects and related goods, services and consultancy, requiring at least 85% of contract value to be sourced from India and permitting up to 15% non-consultancy imports. The Credit Agreement, effective January 24, 2011, sets Letter of Credit and disbursement timelines, mandates GR/SDF shipment reporting, disallows agency commission under the LOC (while permitting exporter-funded commission subject to remittance rules), and instructs Authorised Dealer Category-I banks to notify exporters and ensure compliance under FEMA powers.
Exim Bank's Line of Credit of USD 1 billion to the Government of the People's Republic of Bangladesh
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Line of Credit for bilateral financing permits primarily India-origin supplies and sets export eligibility and disbursement timelines under foreign exchange rules.
A central bank circular notifies an Exim Bank Line of Credit to finance eligible goods, project exports and consultancy services from India, requiring at least 85% of contract value to be supplied from India and permitting up to 15% of non-consultancy goods from abroad. The Credit Agreement is effective from February 1, 2011 and prescribes separate timelines for opening Letters of Credit and disbursement. Shipments must be declared on GR/SDF forms; no agency commission is payable under the LOC though exporters may use own resources or EEFC balances for commission subject to AD Category-I bank approval after realisation.
Amendment in Appendix – 30 A relating to Export Obligation Period under Advance Authorization/DFIA Schemes.
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Export obligation period now begins from each import consignment's customs clearance, with specified periods for listed inputs.
Amendment requires that the Export Obligation Period under Advance Authorization/DFIA schemes be counted from the date of clearance of each import consignment by Customs. Appendix 30A lists six input categories and prescribes their respective EOPs while preserving the existing item descriptions; the Column 3 heading has been revised to reflect the customs clearance commencement rule and a transitional EOP applies for certain earlier imports.
Amendment in paragraph 4.24A related to Advance Authorisation for Annual Requirement in HBP v1.
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Advance authorisation flexibility: exporters may endorse input specifications at clearance and obtain multiple authorisations per port.
Amendment to paragraph 4.24A permits exporters to record technical characteristics, quality and specifications of inputs at import clearance-to be endorsed in the Bill of Entry or invoice and attested by Customs-avoiding the need to return to the Regional Authority for authorisation amendments; it also increases the allowable number of Advance Authorisations per port for the same product group from one to up to five within eligible entitlement.
Incorporation of a new provision as paragraph 4.7A in the HBP. v1 to allow access to duty free inputs based on actuals, for pharmaceutical products manufactured through Non-Infringing process- regarding.
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Advance authorisation for non infringing pharma exports: duty free inputs allowed based on certified actuals and market approval.
A new provision authorises issuance of Advance Authorisation for pharmaceutical products made via a Non Infringing (NI) process, permitting access to duty free inputs based on actuals certified by a Chartered Engineer (Chemical) against ANDA/DMF and approved by the destination market. Applications are to be filed on ANF 4J with Appendix 32C and Appendix 23A documentation; RA verifies the engineer's certificate and Appendix 23A certified by Central Excise and issues authorisation without NC referral. Redemption requires RA comparison of certified consumption with authorised inputs; shortfalls attract customs duty with interest or additional exports, subject to preservation of verified records.
Restriction on export of Cotton yarn- Exemption from the quantity ceiling of 720 million Kg for export of (i) cotton yarn manufactured out of imported raw cotton (ii) cotton yarn by 100% EOUs and (iii) Value Added Special Yarn and Technical Yarn upto 31.03.2011
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Export exemption for cotton yarn allowing licences for yarn from imported cotton, value added/technical yarn and fully export oriented units
The government exempted three categories of cotton yarn exports from the 720 million Kg ceiling for 2010-11: yarn manufactured exclusively from imported raw cotton (with Central Excise certification), Value Added Special/Technical Yarn by original manufacturers (with Export Promotion Council certification and prior export proof), and exports by 100% Export Oriented Units. Manufacturers must apply to the concerned Regional Authority on ANF 2D with prescribed supporting documents; licences must be executed by 31.03.2011, and Regional Authorities must send weekly licence reports to designated email addresses.
Guidelines for availment of input combination for pharmaceutical products manufactured through Non Infringing (NI) process.
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Input combination allowances for non infringing pharmaceutical manufacturing permit country and exporter specific higher input wastage subject to prescribed documentation.
The policy permits exporters manufacturing pharmaceuticals via a Non Infringing process to obtain input combinations and higher input allowances than SION or adhoc norms, subject to prescribed conditions and documentary verification. Implementation requires Notification/Public Notice changes, use of ANF 4J, a Chartered Engineer certificate (Appendix 32C), a new Appendix 23A format and a Central Excise certificate for actual consumption; approvals are country specific and exporter specific.
Fresh guidelines for conversion of various categories of Shipping Bills
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Conversion of Shipping Bills: Commissioner may permit scheme-to-scheme conversion subject to documentary eligibility and conditions.
Guidelines permit conversion of Shipping Bills between export promotion schemes where documentary evidence at export time shows eligibility, with the Commissioner exercising discretion under Section 149 and subject to conditions: timely request, proof of input use, examination endorsements confirming export and coverage under relevant schedules, fulfilment of scheme conditions, and no prior benefit or fraud. Free Shipping Bills cannot be converted to scheme Shipping Bills, though All Industry Rate drawback may be allowed without conversion; dual benefits are prohibited.

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