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Circulars
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External Commercial Borrowings (ECBs)
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ECB eligibility rules tightened with bans on financial intermediaries, revised cost ceilings, hedging and restricted end uses.
Revisions to External Commercial Borrowings restrict eligibility to commercial legal entities and qualifying cooperatives, exclude individuals, trusts, non profits and all financial intermediaries, and bar such intermediaries from guaranteeing ECBs. All in cost ceilings have been revised by project type. Large ECBs are permitted only for equipment imports or foreign exchange needs of specified infrastructure sectors. Rupee expenditure ECBs under the Automatic Route must be hedged unless naturally hedged, and unutilised proceeds must be parked overseas. The changes are effective immediately under Sections 10(4) and 11(1) of FEMA.
Issue of Units of Mutual Funds
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Single window clearance for offshore mutual funds after SEBI approval permits issuance, dividend remittance and redemptions with quarterly reporting.
AMCs may issue units, remit dividends and redeem units of off shore funds for overseas investors once SEBI approval for launch is obtained, without separate prior RBI approval, subject to quarter end reporting to the Reserve Bank in the prescribed format covering SEBI approval details, authorised amount, units issued and outstanding, inflows and repatriations in USD, dividends remitted, units redeemed, fund value and NAV, and management fees/expenses reimbursed.
Capitalisation of Lumpsum Fee / Royalty / ECB – Liberalisation
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Capitalisation of import payables permitted against lump sum fees and royalties, subject to tax and pricing compliance.
Issue of equity shares is permitted against lump sum technical know how fees, royalties and ECBs in convertible foreign currency already due for payment/repayment, provided all applicable tax liabilities are met, prescribed procedures are followed, and Reserve Bank/SEBI pricing guidelines are observed; 'import payables' is limited to payables for technical know how and specified items, while import dues treated as trade credit or ECBs are excluded from conversion.
Re-scheduled timings for the Counters
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Counter operating hours rescheduled for licence application submission and delivery, with new daily receipt and delivery windows.
Rescheduling of counter operating hours prescribes separate receipt and delivery windows for Fresh Applications and Post License Applications, with morning receipt and afternoon delivery periods for each category. The revised counter timings govern submission of applications and physical delivery of licences at the counters and take effect from the stated commencement date as an administrative instruction issued by the Zonal Joint Director General of Foreign Trade.
Foreign Exchange Management Act, 1999 - Current Account Transactions – Liberalisation
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Current account remittance liberalisation permits broader outward transfers for employment, emigration, maintenance and education under eased RBI rules.
Authorised Dealers may permit remittances for employment abroad, emigration, maintenance of close relatives abroad and education abroad, and may allow payments for consultancy services procured from outside India subject to documentary satisfaction; these measures formalise amendments to the Foreign Exchange Management (Current Account Transactions) Rules, 2000 notified by the Government and are issued under the powers of the Foreign Exchange Management Act, 1999.
Investments by Mutual Funds in Short Term Deposits of Scheduled Commercial Banks
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Mutual fund short-term deposit investments must be reported to trustees with reasons and comparative interest-rate justification.
Mutual funds may invest pending scheme funds in short-term deposits of scheduled commercial banks, but such placements must be reported to trustees with stated reasons, including a comparison of interest rates offered by other scheduled commercial banks; AMCs must record these reasons in the manner prescribed by the earlier circular, as required under the mutual fund regulatory framework.
Amendment/correction in the schedule of DEPB rates
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DEPB rate amendments update entitlement criteria, product descriptions, and add ad-hoc rates with self-declaration requirement.
Amendments to the Schedule of DEPB rates correct and add product descriptions and value caps, insert a miscellaneous entry for shellac with a DEPB rate and value cap, and add an explanatory note permitting exporter self-declaration for DEPB eligibility subject to Customs physical verification where doubts arise. Additionally, time limited ad-hoc DEPB rates with specified value caps and restricted firm applicability are fixed under Handbook of Procedures provisions and relevant policy guidelines.
Adjudication of cases remanded by the Appellate Authorities for denovo adjudication
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Adjudication authority: remanded de novo cases follow appellate-specified officer or revised monetary limits for allocation of deciding officer.
Allocation of the officer to adjudicate cases remanded for de novo adjudication follows the appellate remand: if the appellate order specifically names the level of officer, that specification controls and the revised monetary limits do not apply; if the remand is silent on officer level, the case must be adjudicated by the officer proper under the revised monetary limits prescribed in the earlier circular.
Clarification - Import of second hand photocopier machines, Air Conditioners, Diesel Generating Sets, etc
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Second hand goods import restriction: second hand photocopiers, air conditioners and diesel generators excluded from EPCG eligibility.
Second hand Photocopier Machines, Air Conditioners, Diesel Generating Sets and similar equipment are classified as Second Hand Goods under Para 2.17 of the EXIM Policy and are therefore ineligible for import under the EPCG Scheme per Para 5.1, including when under ten years old and for service providers; new equipment may be allowed under the EPCG Scheme if required for manufacturing or rendering services.
Receiving /storing of import containers, destuffing, examination of import cargo and receiving/consolidating export, examination thereof, etc. at CFS of M/s AL. Logistics Ltd. at Haldia
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Customs Area designation enables authorised CFS import/export handling, cargo examination, stuffing and storage under prescribed conditions.
Designation of M/s A.L. Logistics Pvt. Ltd. CFS at Debhog, Haldia as a Customs Area authorises receipt, storage, destuffing and examination of import containers and cargo; receipt, consolidation, examination, stuffing and sealing of export containers and dispatch to the port; and storage of empty containers, subject to prescribed gate usage and prior written permission for deviations and to no alteration of the customs area plan without the Commissioner's concurrence.
Liability to Service Tax on Ship repair during dry docking and ship chandler’s Services
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Service tax on ship repair: dry docking and ship chandler services are taxable, with applicable notification relief available.
Service tax applies to vessel repairs and services rendered during dry docking by ports or authorised persons, including removal and replacement of damaged parts and major works such as plating. Port services include any service by a port or its authorised agents in relation to vessels or goods; thus dry dock facilities, ship repairs and ship chandler services are taxable, subject to the benefit of Notification No. 12/2003-ST where applicable. The Board has issued a further clarification for field formations and trade.
32/2003 - 10-11-2003 Companies Law
Compliance of Companies (Auditor's Report) Order, 2003 effective from 1st July, 2003
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Auditor's report compliance required under new Order; leniency for prior-year accounts, strict adherence mandatory thereafter.
Companies must comply with the Companies (Auditor's Report) Order, 2003 which replaces the prior auditor's report order and is effective from 1 July 2003; while the Government will not postpone or review the Order, it will take a lenient view of non compliance for accounts closed on or before 31 December 2003 provided those accounts carry the prior auditor's report, but strict compliance is required for accounts closing on or after 1 January 2004 and non compliance thereafter may attract legal action.
31/2003 - 10-11-2003 Companies Law
Exclusion of Government companies from the purview of Section 274(1)(g) of the Companies Act, 1956.
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Director disqualification exclusion: government companies removed from disqualification rules under company law, shifting applicability and compliance duties.
Notification excludes government companies from the scope of the rules governing director disqualification under the Companies Act and forwards two Gazette notifications-one promulgating the disqualification rules and the other specifying the exclusion-to Regional Directors and Registrars of Companies for information and necessary action, with a request for acknowledgement of receipt.
Service tax — Centralised accounting system for services from more than one premises — Guidelines
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Centralised accounting system permits single-premises registration when documentation and consolidated branch statements protect revenue interests.
Guidance permits single-premises registration where a taxpayer supplying taxable services from multiple premises maintains a centralised accounting system and obtains permission from the jurisdictional Commissioner, subject to safeguarding revenue. Applications with ST-I must include proof of address, PAN, branch list, accounting-system description, branch-wise invoice series and samples, audited balance sheets and branch trial balances, records maintained, and bank account details. The central office must file monthly branch-wise statements, a consolidated monthly service tax computation, and submit these with ST-3 returns and payment details to the Superintendent.
15 - 06-11-2003 Income Tax
Streamlining the procedure for issue of Income Tax Refund Orders
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Income tax refund procedure simplified to remove separate bank advice for small refunds and standardise refund documentation.
The Board simplified income tax refund issuance by standardising a revised Refund Order Book in 1+3 form for all refunds; below the specified threshold two foils (Refund Order and Advice) are sent to the assessee with the office counterfoil retained, while at or above the threshold the Advice foils are sent directly to the bank and only the Refund Order is sent to the assessee. Non MICR refunds and PPCCS prepared refunds follow analogous cheque book format procedures. Earlier instructions are amended accordingly and security measures continue; the procedure is effective immediately.
14 - 06-11-2003 Income Tax
Raising the Monetary Ceilings for Write-off and Reconstitution of Committees.
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Write-off Ceilings Increased: expanded three-tier committee structure and redefined authority for approving irrecoverable direct tax dues.
Instructions raise monetary ceilings for write-off of irrecoverable direct tax dues and create a three-tier committee structure (Local, Regional, Zonal) with specified officer-level constitutions and distinct jurisdictions. Administrative approval levels are redefined according to monetary bands, with higher-level committee consideration and escalation to full board or ministerial approval for larger amounts. Ad-hoc and summary procedure ceilings and certificate thresholds are increased; all other existing write-off procedures remain applicable and routing of proposals through recovery channels continues.
Seizure of imported goods accompanied by import/duty paying documents - Regarding
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Seizure of imported goods must not occur when accompanied by genuine import documents; burden to prove smuggling rests on department.
Seizure of imported goods accompanied by import or duty paying documents is constrained by the evidentiary position of the department: unless goods have been notified under the Customs Act for mandatory confiscation, the burden of proving that such goods are smuggled goods rests on the department; field formations must therefore exercise caution and refrain from seizure where documents are genuine.
Grant of refund of duty on petrol supplied to President, Vice-President, Governors, Diplomatic missions, including diplomatic officers and U.N. specialized agencies- sanctioning authority
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Sanctioning authority for petrol duty refunds revised, permitting lower-tier excise officers to sanction larger claims; senior commissioners retain higher claims.
Refunds of duty on petrol supplied to specified dignitaries and diplomatic entities are subject to a revised sanctioning authority framework: Deputy/Assistant Commissioners of Central Excise (Technical) may sanction petrol refund claims where the technical post exists, while higher value claims continue to require sanction by Additional/Joint Commissioners (P&E)/(P&V) of the Commissionerate.
Applicability of service tax on commission income earned on distribution and marketing of units of m
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Service tax on mutual fund distribution commissions: commission income taxable as business auxiliary services, exemption for goods agents inapplicable.
Commission income from distribution and marketing of mutual fund units is characterised as services of a commission agent falling within Business Auxiliary Services, and therefore is liable to service tax. The exemption applicable to commission agents dealing in sale or purchase of goods does not extend to mutual fund distribution, so the goods-related exemption notification is inapplicable.
Payment of service tax in case of advance payment of value of services.
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Service tax liability on advance payments requires pro rata allocation when services become taxable after payment.
When advance amounts are received for services rendered after those services become taxable, the service provider must pay tax on the portion of the value attributable to the taxable period; advance receipts are taxable only to the extent they have a nexus with services provided post commencement and should be allocated pro rata to the relevant month/quarter. A limited prior clarification exempted maintenance contracts invoiced and paid before the tax commencement date, but no general exemption for advance payments of other services exists.

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