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    Amendments to SEBI (Employee Stock Option Scheme and Employee Stock Purchase Scheme) Guidelines, 1999 and Equity Listing Agreement
    Reporting under Foreign Exchange Management Act, 1999 (FEMA)
    Implementation of Risk Management System (RMS) in Imports at Air Cargo Complex, Karipur, Calicut-reg.
    Issues relating to export of computer software Direct tax benefits -Clarification reg.
    Exim Bank's Line of Credit of USD 37.90 million to the Government of the Kingdom of Swaziland
    Disposal of firearms imported as baggage under transfer of residence – reg.
    Filling of Balance Sheet and profit and Loss Account in eXtensible Business Reporting Language (XBRL) mode for the financial year commencing on or aft...
    STATEMENT OF THE FINANCE MINISTER on GAAR
    Final Report of the Expert Committee on General Anti Avoidance Rules (GAAR) in Income-tax Act, 1961
    Check List for Application of EPCG Authorisation
    Cancellation of LUT furnished for getting licences without realization.
    Foreign Direct Investment (FDI) in India - Issue of equity shares under the FDI scheme allowed under the Government route
    Functional Control of Special Valuation Branches – regarding
    Uploading of Reports on FINnet Gateway
    Uploading of Reports on FINnet Gateway
    Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Cross Border Inward Remittance under Money Transfer Servi...
    Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Money changing activities
    Attention of all concerned is invited to the Public Notice No.52/2009 dated 06.08.2009 issued by this office.
    Implementation of Self-Assessment in Customs
    System Assisted Assessment on the basis of 2A and 2B data mismatch for the Tax periods Second Quarter, 2012-13 and July, August, September, 2012.
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Amendments to SEBI (Employee Stock Option Scheme and Employee Stock Purchase Scheme) Guidelines, 1999 and Equity Listing Agreement
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Prohibition on acquisition of securities from secondary market bars employee benefit schemes from buying issuer shares and mandates compliance.
Prohibition on acquisition of securities from the secondary market is imposed for employee benefit schemes; all such schemes must comply with the SEBI ESOS/ESPS Guidelines and listing conditions have been amended to require issuers to align pre-existing schemes with those Guidelines. Companies with schemes outside the Guidelines must report scheme details to stock exchanges in the prescribed format and publish the information, and take steps to bring existing schemes into conformity. The ESOS/ESPS Guidelines are amended to state that no ESOS/ESPS shall involve acquisition of securities from the secondary market.
Reporting under Foreign Exchange Management Act, 1999 (FEMA)
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Foreign exchange reporting obligations: authorised dealers must ensure timely, accurate FDI/ECB/ODI filings or face regulatory penalties.
Authorised Dealers must ensure accurate and timely reporting of FDI, ECB and ODI transactions, including obtaining LRNs for ECB drawdowns, filing ODI forms and UINs, submitting Annual Performance Reports and share certificates, and making prescribed FDI filings, because failures by ADs have caused a substantial portion of FEMA contraventions; the Reserve Bank may require information and impose penalties for non compliance, so ADs must strengthen internal controls and reporting systems.
Implementation of Risk Management System (RMS) in Imports at Air Cargo Complex, Karipur, Calicut-reg.
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Risk Management System in imports enables self-assessment-based clearance with targeted examinations and post-clearance audits to expedite cargo release.
The RMS will electronically process filed Import General Manifests and Bills of Entry to permit self-assessment-based clearance without routine officer examination, generate duty calculations and challans, select certain entries for assessment and/or examination based on risk parameters or randomisation, and replace concurrent audit with Post-Clearance Audit. Accredited Clients receive predominant facilitation subject to occasional selection. The system imposes bond management changes, requires adherence to Compulsory Compliance Requirements from allied acts, strict document submission prior to Out of Charge, and emphasises data quality; mis-declaration attracts penalties.
Issues relating to export of computer software Direct tax benefits -Clarification reg.
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Deemed export for on site software development preserves tax incentives when linked by contract to the eligible Indian unit.
Profits from software developed abroad at a client's site are deemed export and eligible for benefits under sections 10A, 10AA and 10B where there is a direct nexus and a contract between the client and the eligible Indian unit; deputation of technical manpower abroad for software work is similarly eligible when contractually engaged and conditions are met. Multiple SOWs under an MSA are permissible with SOW prevailing; Engineering and Design includes embedded R&D; slump-sale, SEZ relocation or setting up new units do not automatically defeat benefits, and separate books are not legally required though unit-level details may be sought.
Exim Bank's Line of Credit of USD 37.90 million to the Government of the Kingdom of Swaziland
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Line of Credit conditions govern export financing and Indian sourcing requirements under the Exim Bank-Swaziland agreement.
Exim Bank extended a Line of Credit to Swaziland to finance eligible Indian exports for agriculture, mandating that at least seventy five percent of contract value for goods and non consultancy services be supplied from India while up to twenty five percent may be procured abroad; exports must comply with the Foreign Trade Policy and shipments declared on GR/SDF forms. The LOC disallows agency commission from the credit but permits exporter funded commission remittances subject to AD Category I bank compliance with prevailing rules. Directions are issued under FEMA without prejudice to other statutory approvals.
Disposal of firearms imported as baggage under transfer of residence – reg.
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Firearms imported as baggage: disposal allowed after ten years to legally entitled persons; one firearm per lifetime import.
Government permits disposal of firearms imported as baggage under transfer of residence only after ten years from import, with disposal limited to persons legally entitled to possess firearms and the ten year restriction to be endorsed on the arms licence; additionally, an individual may import only one firearm under transfer of residence in their lifetime, and prior inconsistent Board instructions are modified accordingly.
01/2013 - 15-01-2013 Companies Law
Filling of Balance Sheet and profit and Loss Account in eXtensible Business Reporting Language (XBRL) mode for the financial year commencing on or after 01.04.2011.
Show AI Summary
XBRL filing deadline extended for eligible companies to submit financial statements without additional fee or penalty.
The Ministry of Corporate Affairs extends the time period for companies to file Balance Sheet and Profit & Loss Account in XBRL format without additional fee or penalty, applying an extended cut-off tied to the company's annual general meeting timetable; all other terms and conditions of the earlier General Circular on XBRL filing remain in force.
STATEMENT OF THE FINANCE MINISTER on GAAR
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General anti-avoidance rule: commencement deferred and substantive procedural safeguards added to govern tax avoidance assessments.
Government decisions implement GAAR with safeguards: the main purpose test for impermissible avoidance; a reasoned show cause notice and opportunity to rebut before invocation; consolidation into a single definition of connected person; revised Approving Panel with a judicial Chair whose directions bind both assessee and tax authorities; consideration limited to the impermissible part of arrangements; grandfathering of pre-existing investments; carve-outs for certain FII and non-resident investors; a monetary threshold to attract GAAR; retention and strengthening of advance rulings; auditor reporting requirements; and deferment of GAAR's commencement to April 1, 2016.
Final Report of the Expert Committee on General Anti Avoidance Rules (GAAR) in Income-tax Act, 1961
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General Anti-Avoidance Rules recommendations narrow GAAR scope, add safeguards, and defer implementation for greater certainty.
General Anti-Avoidance Rules under the Income-tax Act were examined with recommendations to confine GAAR to abusive, contrived and artificial arrangements, to require the main purpose of obtaining tax benefit, and to define commercial substance by material effect on business risks or net cash flows. The Committee also proposed deferral of implementation, grandfathering of existing investments, a monetary threshold, restriction of connected person, exclusion where specific anti-avoidance rules or treaty limitation-of-benefits provisions apply, and procedural safeguards through a permanent Approving Panel, prescribed forms, time limits, and detailed Revenue reasons.
Check List for Application of EPCG Authorisation
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EPCG authorisation checklist ensures complete document submission to streamline processing and avoid deficiency notices by exporters.
A procedural checklist prescribes documentary and procedural requirements for grant of EPCG Authorisation, dividing requirements into mandatory documents (covering letter or authorised signatory proof, two copies of ANF 5A with declaration, Chartered Engineer certificate for end-use, Chartered Accountant/Cost Accountant certificate of past exports/services, industrial/service registrations and RCMC, and declarations on restricted capital goods) and additional documents for specific cases such as import of spares, EOU to DTA conversion, technology upgradation, service-sector applicants, retail sector, and annual EPCG authorisations.
Cancellation of LUT furnished for getting licences without realization.
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Cancellation of Legal Undertaking (LUT) requires BRC-backed reconciliation and proof of payment for any excess duty credit.
Cancellation of Legal Undertaking (LUT) against post-export licence schemes requires submission of original Bank Realization Certificates (BRC) and a prescribed worksheet referencing column 14 of the BRC to reconcile admitted, realized and excess amounts; where Excess Duty Credit has been availed the original customs challan and payment of excess with interest from the date of licence issue must be produced.
Foreign Direct Investment (FDI) in India - Issue of equity shares under the FDI scheme allowed under the Government route
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Foreign Direct Investment: conversion of capital goods imports into equity permitted under government route; second-hand machinery excluded.
The circular permits issuance of equity or preference shares under the Government route by conversion of imports of capital goods, but revises conditions to exclude second hand machineries from eligible imports; independent third party valuation, preferably from the country of import and supported by customs documentation, is required to assess the fair value. All other prior conditions remain unchanged and Authorised Dealer Category I banks must inform customers; the amendment is notified under the foreign exchange regulatory framework and does not affect other statutory permissions.
Functional Control of Special Valuation Branches – regarding
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Functional control of Special Valuation Branches centralized to valuation oversight to monitor and supervise customs valuation investigations.
Functional control of the Special Valuation Branch at New Customs House, Mumbai has been placed under valuation oversight, which will monitor pendency, approve initiation of inquiries and supervise investigations. Upon completion, the Assistant/Deputy Commissioner, SVB, will issue a value determination under Section 14 and send the order to the importer, the referring customs house and the valuation oversight authority, while review and appeal matters continue to be handled by the Commissioner of Customs (Import), New Customs House, Mumbai.
Uploading of Reports on FINnet Gateway
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FINnet gateway reporting requires MTSS Indian agents to submit XML reports and cease CD-format submissions.
Authorised Persons who are Indian agents under the Money Transfer Service Scheme must submit reports to the FINnet Gateway in the prescribed XML format and discontinue CD-format submissions; FIU-IND will not treat CD submissions received after the transition date as valid, and the directions are issued under FEMA and PMLA statutory powers.
Uploading of Reports on FINnet Gateway
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Reporting obligation via FINnet Gateway: authorised persons must use XML uploads; CD submissions will be invalid.
Authorised persons must submit reports to FIU IND via the FINnet Gateway in the new XML format; CD submissions will not be treated as valid after the gateway's go live date. Compliance with FIU IND procedures and use of the help desk for assistance is required. The directions are issued under the Foreign Exchange Management Act, 1999 and the Prevention of Money Laundering Act, 2002 and applicable rules, without prejudice to other statutory permissions.
Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Cross Border Inward Remittance under Money Transfer Service Scheme
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Cross-border inward remittance AML/CFT: Indian MTSS agents must apply international guidance and ensure sub-agent compliance and due diligence.
Authorised Persons (Indian Agents) under the Money Transfer Service Scheme must consider the international statement on jurisdictions with AML/CFT deficiencies, apply enhanced scrutiny and proportionate counter-measures to mitigate ML/TF risks, ensure Sub-Agents comply with these measures, and communicate the circular's contents to constituents; directions are issued under statutory foreign exchange and anti-money-laundering laws and do not preclude legitimate transactions.
Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards - Money changing activities
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AML/CFT compliance: authorised persons must apply FATF high-risk jurisdiction guidance and strengthen risk-based safeguards.
Authorised persons in money-changing activities must consider the FATF October 2012 statement identifying jurisdictions with strategic AML/CFT deficiencies and apply risk-based measures and enhanced scrutiny for relationships or transactions involving those jurisdictions. The guidance applies mutatis mutandis to agents and franchisees, with franchisers responsible for compliance, and is issued under the Foreign Exchange Management Act and the Prevention of Money Laundering Act.
Attention of all concerned is invited to the Public Notice No.52/2009 dated 06.08.2009 issued by this office.
Show AI Summary
Factory stuffed export container movement requires LEO issuance at designated CFS/Buffer Yards before departure.
The notice reiterates that factory stuffed export containers must follow prescribed procedures: tractor trailers (except exempt categories) shall move to designated Container Freight Stations or Buffer Yards for document registration and issuance of a Let Export Order (LEO), and shall not leave without LEO. Vehicles without requisite documents must not queue or park on approach roads or at terminal gates. Non compliance may lead to withdrawal of permissions and enforcement action.
Implementation of Self-Assessment in Customs
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Self-assessment in customs: importers must declare accurate description and grade of acrylic sheets or face action.
Importers, exporters and CHAs must declare precise descriptions, actual grades and specific sizes of acrylic sheets and off-cuts in the Bill of Entry; off-cuts are those with both dimensions below 4 ft by 3 ft. Physical examination must match declared grade and specifications; discrepancies will be treated as mis-declaration under the Customs Act, 1962. Omitting parameters such as brand, grade or specifications may justify rejection of transaction value under the Customs Valuation Rules and contravene Board guidance on self-assessment.
System Assisted Assessment on the basis of 2A and 2B data mismatch for the Tax periods Second Quarter, 2012-13 and July, August, September, 2012.
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System assisted assessment on VAT return mismatches may trigger tax and penalties under Section 86(10); reconcile online to avoid consequences.
Assessment will be framed against dealers on the basis of Annexure 2A and 2B data mismatches filed online, with concurrent penalty proceedings under Section 86(10) of the DVAT Act. Dealers must review the online "Mismatch Report" on the dealer login page and reconcile discrepancies by the prescribed deadline to avoid additional tax, interest and penalties; assessments will be based on the dataset as of the cutoff date and orders will be issued within five working days.

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