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Circulars
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Clarification on the scope of the Service of "Event Management" Regarding.
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Event Management service: tax applies to services managing events, not to sponsor self organized events like trade fairs.
Service tax attaches to the Event Management service when an external event manager is engaged to organise an event at the behest of a sponsor; the tax is on the management service itself, not on the event, and does not apply where the sponsor organises and manages the event without hiring an event manager.
Requirement of “No Objection Certificate” from RBI for the re-export of the goods shipped contrary to the instructions of the importers - Regarding
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No Objection Certificate waiver for re-export permitted; Commissioner may allow re-export on discretion after bona fide mistake verified.
Where goods were imported by bona fide mistake and contrary to the importer's instructions, the Commissioner may, in his discretion, permit re-export without requiring a No Objection Certificate, or may allow re-export on payment of a nominal penalty or without penalty, provided he is satisfied the import was a bona fide mistake.
Issue of shares against External Commercial Borrowings - liberalisation of.
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Issue of shares against external commercial borrowings permitted for convertible foreign currency receipts, subject to tax liabilities and procedures.
Issue of equity shares is permitted against all External Commercial Borrowings received in convertible foreign currency, excluding instruments treated as deemed ECBs, provided that all applicable tax liabilities are met and prescribed procedures are complied with prior to issuance.
Import of non-standard tapes – instructions reg
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Prohibition on dual-marked measuring tapes: import banned; confiscation or re-export required unless metric exception applies.
Importation of measuring instruments that do not conform to metric units or that bear dual markings is prohibited under Sections 49, 4 and 23 of the Standards of Weights and Measures Act, 1976. The proviso to Section 49(2) applies only to markings on commodities, not to weights or measures imported as such. Customs formations are directed to ensure such non-standard instruments are, on import, either confiscated absolutely or allowed re-export only, except where Section 23 permits limited exceptions.
Loading of export goods and unloading of imported goods at ICD Surajpur
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Customs area approval designates ICD Surajpur for export loading and import unloading, subject to customs law compliance.
Approval designates ICD Surajpur as a place for loading of export goods and unloading of imported goods under Section 8(a) of the Customs Act, 1962, subject to strict observance of the Customs Act, rules and directions of the Central Government and the Commissioner. The Commissioner specifies the Customs Area limits under Section 8(b), describing a 25.38 acre perimeter with boundary walls, fencing, entry and exit gates and adjoining roads and plots to support customs supervision and access control.
Inclusion of Amount of “Dharmada” In the Assessable Value of Goods
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Inclusion of Dharmada: declared includible in assessable value under central excise; departments instructed to apply ruling.
Amount labelled as Dharmada charged and recovered from buyers is includible in the assessable value of goods for central excise valuation; the Department is directed to follow the higher court decision and issue a Trade Notice to inform trade.
Reduction in Notice Period for fixing the Book closure/Record date
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Notice period reduction for book-closure/record dates: dematerialised scrips now subject to shorter notice than physical scrips.
SEBI has directed stock exchanges to reduce the advance notice for fixing the book-closure/record date, cutting the previous 30-day intimation requirement for dematerialised securities and 42-day requirement for physical securities to shorter calendar notice periods (reduced to 15 days for demat scrips and 21 days for physical scrips in the first phase), with immediate implementation, requisite listing agreement and bye-law amendments, dissemination to members, and publication for investor access under SEBI's powers under Section 11(1) read with Section 10 of the SCRA.
Issuance of Offshore Derivative Instruments by Registered Foreign Institutional Investors (FII)
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Reporting obligation for offshore derivative instruments may allow quarterly nil reports after undertaking; transactions still require fortnightly reporting.
FIIs without outstanding offshore derivative instruments may replace fortnightly 'Nil' reports with a quarterly 'Nil' report if they submit an undertaking to revert to fortnightly reporting upon issuance. Quarterly 'Nil' reports, containing the undertaking, must be filed within three working days after each quarter; FIIs with outstanding instruments or any issuance/renewal/cancellation/redemption must continue fortnightly reporting. Reports must follow the prescribed format and be emailed to the designated address. The instruction is issued under Regulation 20A and is effective immediately.
Disclosure of proprietary trading by broker to client
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Proprietary trading disclosure required: brokers must inform clients of proprietary trading status upfront and before any change.
Brokers must disclose whether they undertake proprietary trading as well as client based business: inform existing clients within one month, provide upfront disclosure to new clients in the Know Your Client agreement, and notify clients before commencing proprietary trading if begun later. Stock exchanges must amend bye laws, notify members, publish the requirement, and report implementation to the regulator.
Improvement in corporate governanace
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Portfolio management: require benchmark performance disclosure, board oversight, internal audit, and half yearly compliance reporting.
Portfolio managers must include benchmark index performance in client periodical reports under Regulation 21, selecting indices that match client objectives and recording any later changes. Boards must review portfolio performance against benchmarks and take corrective action. Boards must also receive quarterly compliance reports, monitor due diligence and investor grievance redressal, and place SEBI deficiency or warning letters before the Board. An internal audit by a practicing CA or CS must assess internal procedures and be submitted to the Board. Managers must exercise due diligence and submit half-yearly compliance reports to SEBI within thirty days for prescribed reporting dates.
16 - 18-11-2003 Income Tax
Reconstitution of Committees for Recommending Write-off of Arrears.
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Reconstitution of committees for tax arrears write-off mandates three-tier committees, monthly review and specified reporting procedures.
Reconstitution creates three-tier Committees-Zonal, Regional and Local-with specified permanent members and co-option of the presenting officer; Committees meet monthly to review write-off cases, report procedures require monthly brief reports (Zonal to Director of Income Tax (Recovery) and Board; Regional to cadre-controlling CCIT; Local to CCIT), temporary substitutions permitted for vacancies, and Chief Commissioner comments must accompany Zonal recommendations for cases exceeding prescribed monetary limits.
DFCEC Scheme for Service Providers – whether import of all capital goods which are other than professional equipment or office equipment is also permissible – reg
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Professional equipment import rules: DFCEC permits only service necessary professional and office equipment; capital goods must use EPCG route.
DFCEC permits import of spares, office equipment, furniture, professional equipment and consumables to enhance service capability; only professional equipment required for rendering services and earning free foreign exchange is allowable under DFCEC. Import of other capital goods is not permitted under DFCEC and must be pursued through the EPCG route. A corrigendum replaces "capital goods" with "professional equipment" in the customs condition, and customs formations are to issue guidance to trade and field officers.
Section 192 of the Income-tax Act, 1961 - Deduction of tax at source - Salaries - Income-tax deduction from salaries during the financial year 2003-2004 under section 192
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Tax deduction at source on salaries: prescribed rates, employer duties, perquisite valuation and TDS compliance for payroll.
Deduction of tax at source under Section 192 requires employers to estimate salary income for the year, compute tax at prescribed slab rates, deduct tax on average at each payment, and account for employer-paid tax on perquisites as deemed TDS. Employers must maintain records and furnish TDS certificates (Form No. 16 and Form No. 12BA where applicable), take employee declarations (Forms 10E, 10BA, 12C), apply standard and Chapter VIA deductions when estimating taxable salary, and follow detailed valuation rules for perquisites; non-compliance attracts interest, penalties and prosecution.
Permission to open Project Office in India and Remittance of Assets - Project Office
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Project Office general permission allows foreign entities to set up project offices subject to funding, contractual, reporting and remittance conditions.
General permission allows foreign entities to set up Project Offices in India subject to conditions: a contract with an Indian company and specified funding sources (inward remittance, international finance agency funding, appropriate authority clearance, or term loan to the Indian contracting party). Foreign entities must report detailed project and office particulars to the Reserve Bank Regional Office. Project Offices may seek permission to open Foreign Currency Accounts with reasons and contract excerpts, and remittances of surplus on completion or winding up may be made through Authorised Dealers subject to regulatory conditions, with intermittent remittances requiring Reserve Bank approval.
33/2003 - 14-11-2003 Companies Law
Simplified Exit Scheme - Clarification.
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Simplified Exit Scheme: companies formed after the amendment may avail it despite non-contribution to paid-up capital.
Companies incorporated after the Companies (Amendment) Act, 2000 that have not made the contributions to paid-up capital described in Section 3(1)(iii) and 3(1)(iv) are eligible to avail the Simplified Exit Scheme, provided they meet all other prescribed requirements.
Special provision for exemption of special additional duty (SAD) pm DEPBs
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Exemption of special additional duty on DEPBs allows extended filing for eligible exporters where Let Export preceded the policy change.
Exemption from Special Additional Duty (SAD) on DEPBs applies where the order of "Let Export" is prior to the policy change; it covers actual user DEPBs filed pending realization of export proceeds and transferable DEPBs filed subsequent to realization, and the Director General has extended the last date for filing applications while keeping other conditions of the earlier public notices unchanged.
Certification of nexus under EPCG Scheme
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Nexus certification under the EPCG scheme decentralised to regional licensing authorities for faster two month processing.
Nexus certification for capital goods under the EPCG scheme is decentralised to Regional Licensing Authorities for cases within the prescribed duty saved threshold, with RLAs tasked to fix nexus within two months and to follow amended Handbook procedures and policy circulars. RLAs must constitute internal Committees of Officers, may co opt technical advisers without delaying determinations, and may regularise cases administratively where nexus appears on maintained lists. Decisions must prioritise intended use within the production process, rely on Chartered Engineer certificates, and be recorded in a maintained Register; RLAs must submit industry wise lists of certified capital goods to headquarters and provide quarterly updates.
Fixation of brand rate of duty drawback by the Central Excise field formations under Rules 6 and 7 of the Customs and Central Excise Duties Drawback Rules, 1995 - Removal of difficulties – regarding
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Duty drawback computation: procurement price of raw hides plus certified processing costs may determine the drawback element.
Where raw hides or wet blue leather are procured and finishing is done in-house or by job workers, exporters may furnish the purchase invoice for the raw material and a Chartered Accountant/Cost Accountant certificate of consumption, processing chemical costs and incidental overheads; the purchase price plus these certified processing costs shall be reckoned and the All Industry Rates of Duty Drawback applied to compute the duty-drawback element on finished/lining leather.
Acceptance of self-declaration as to the non-availment of Cenvat facility for extending the duty drawback
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Self-declaration of non-availment of CENVAT accepted for readymade garment exporters, subject to random verification and penalties.
Self-declaration of non-availment of CENVAT is acceptable for readymade garment manufacturer-exporters under the Simplified Export Procedure to claim duty drawback when exports are cleared on invoices instead of ARE-I. Selected declarations will be sent to jurisdictional Central Excise field formations for random verification. Commissioners of Customs must adopt procedures for selection and forwarding, and mis-declarations discovered on verification are to be dealt with stringently, with exemplary punishment. Public notices and staff standing orders should be issued.
Entering of full details of items of Imports/Exports while submitting applications under Para 4.7 of Hand Book of Procedures 2002-2007 (Vol.I)
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Complete import and export item details required in online licence applications to enable issuance and ratification.
Applications filed online under Para 4.7 for advance licences must include complete, specific details of all inputs and export products because RLAs cannot issue licences and the ALC at headquarters requires full particulars to ratify licences; vague entries like "As per list enclosed" are unacceptable and must be replaced by item-level descriptions.

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