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Circulars
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Fixation and modification of input and output norms
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Input-output norms modification: revised import inputs and conditional allowances for specified export items under the handbook.
Administrative amendment to the Handbook of Procedures, Vol.2, revises Standard Input-Output Norms by substituting, correcting, deleting and adding detailed input lists and quantities for chemical, engineering, plastics, textile and miscellaneous export items; specifies conditional allowances (including AU conditions), net-to-net and per kilogram content bases, alternative input options, corrected import descriptions, and annexural insertions to be applied in processing advance licences and import authorisations.
New Central Excise Registration Procedure for manufacturers of hand rolled cheroot of tobacco under Sub-Heading No.2402.00 of Central Excise Tariff Act, 1985
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Simplified registration for hand-rolled cheroot manufacturers permits excise registration even without PAN, with association-facilitated applications.
Central Excise registration for hand-rolled cheroot manufacturers under Sub Heading 2402.00 is streamlined by permitting trade associations to collect applications for submission at Divisional headquarters, issuing a simplified exclusive registration form for new entrants, and relaxing the standard PAN-based registration requirement so that registration may be granted in the absence of PAN. Existing registrants need not reapply. Commissioners and field officers are instructed to facilitate, educate, publicise, and assist applicants to minimise departmental interference.
Clarification regarding adequate infrastructure to be provided by custodian for their computerisation and link with the customs EDI at ICDs /CFS- regarding
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Adequate infrastructure allocation requires custodians to complete site works and connectivity while Customs supplies IT equipment.
Custodians must perform site preparation (civil/electrical works, fittings, air conditioning), provide DG power backup and establish the link to the Customs EDI server; Customs will provide LAN and networking components, communication equipment, UPS, servers, PCs, terminals, printers and other peripherals, with annual maintenance borne by the supplying agency.
Clarification regarding availability of clearance based exemption to the textile traders
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Clearance-based exemption: job worker treated as manufacturer, affecting exemption eligibility and registration and duty obligations.
For goods made on job work the job worker is the manufacturer for the purpose of notifications 34/2003 CE and 35/2003 CE; exemption thresholds apply to the job worker's total clearances, with value determined under statutory valuation rules. If aggregate clearances exceed the threshold, exemption ceases and duty is payable, requiring the trader who commissions job work to register and discharge duty or follow prescribed procedures. Cutting alone does not constitute manufacture where finishing by the job worker creates the marketable readymade garment, and units availing these notifications may not send inputs or semi finished goods duty free for job work.
12 - 30-10-2003 Income Tax
Condonation of delay in filling I.T. returen under section 119(2)(b) of the I.T. Act, 1961 and allowance of refund-regarding.
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Delegation of condonation powers for delayed income tax refund claims expands CCIT authority while higher claims remain with the Board.
Condonation of delay in filing returns and claiming refunds is regulated by revised delegation: CCIT may accept or reject delayed refund claims within an enhanced monetary limit, with their decision final at that level; CITs retain authority for lower claims; claims above the CCIT limit remain with the Central Board. Delayed refund claims will be subject to scrutiny. The CCIT's delegated powers are conditional: refunds must arise from excess TDS/TCS or advance tax payments; income must not be assessable in another person's hands; no interest on belated refunds; first time returns may be directed to regular assessment before refund; claims older than six assessment years are excluded; not applicable to years before assessment year 1996-97.
Trading by FIIs and NRIs in Exchange Traded Derivative Contracts
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FII and NRI position limits modified for exchange-traded derivatives, with exchange monitoring, client coding, and disclosure obligations.
Revised FII position limits and defined NRI position limits apply to exchange-traded single-stock and index derivative contracts. FIIs face percentage-based or fixed-cap limits tied to market-wide position limits; index FII limits remain unchanged. NRIs trade subject to client-level limits and disclosure for concerted index holdings. NRI single-stock derivative exposure is limited by the higher of a percentage of free-float market capitalisation or a percentage of open interest, measured across all derivative contracts on the underlying at an exchange. Exchanges must monitor positions, assign unique client codes for NRIs, and enforce disclosure and monitoring procedures.
Export under Bond and under claim of rebate – amendment in Ntf. No.40/2001-CE(NT) and No.42/2001-CE(NT), both Dt. 26/06/2001 – change in the definition of ‘Maritime Commissioner’
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Designation of Maritime Commissioner: exporters may execute bonds or lodge rebate claims at commissioner with export jurisdiction.
Amendment expands the definition of Maritime Commissioner to mean the Commissioner of Central Excise whose jurisdiction includes one or more ports, airports, land customs stations or post offices of exportation, enabling exporters to execute bonds or lodge rebate claims at the Commissionerate where the export point is located; Commissioners must designate officers accordingly, publicise the change to exporters, and report designated locations to the Board.
Disclosure regarding change in shareholding pattern, to the stock exchange(s)
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Disclosure of Shareholding Changes: Exchanges must ensure listed companies report shareholding pattern changes and enforce compliance.
Listed companies must report changes in shareholding and sales by concerned persons under the listing agreement and the insider trading and takeovers regulations. Stock exchanges are required to notify issuers of these obligations, implement systems to monitor compliance, take appropriate action for non compliance, and report the status of implementation to the regulator in the Monthly Development Report.
Model Bye – laws of stock exchanges
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Model bye laws compliance obliges exchanges to amend bylaws and report implementation to regulator, enhancing investor protection.
Model Bye laws require stock exchanges to amend any inconsistent bye laws and immediately implement relevant rules and regulations. Exchanges must notify member brokers and clearing members, publish the provisions for investor access, and report implementation status in the monthly development report. Upon completion, exchanges must submit a declaration confirming adoption or incorporation of the Model Bye laws. The circular invokes statutory powers to protect investor interests and to regulate and develop the securities market.
Service tax on Advertising Agency
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Advertising agency scope: space-selling alone not taxable; canvassing with preparation or layout attracts service tax.
If canvassing is limited to space selling - contacting potential advertisers and procuring orders while leaving drafting and layout to the advertiser or publisher - such services are not liable to service tax. If canvassing includes receiving advertisement texts, estimating space, negotiating price, or forming the general layout that will appear in the publication, those activities are liable to service tax under Advertising Agency Services.
Amendment of Section 61 of the Customs Act, 1962 regarding interest free warehousing period - Clarification thereto - reg
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Interest-free warehousing period extended; goods cleared after the amendment date receive the prescribed interest-free term before duty interest applies.
Where specified warehoused goods remain beyond the prescribed interest-free period, interest is payable on the duty assessable at clearance at Board-fixed rates not exceeding the delayed-payment ceiling; all goods cleared after the amendment's operative date receive the full prescribed interest-free warehousing term regardless of their warehousing date.
Export of Goods and Services - Project Exports
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Project export approvals: delegated to authorised dealers and Exim Bank with standardised thresholds and enhanced monitoring.
The revised PEM delegates post award approvals and monitoring of project and service export contracts to Authorised Dealers and Exim Bank, standardises monetary clearance thresholds in foreign currency with Working Group clearance required above the ceiling, and permits Authorised Dealers/Exim Bank to relax prescribed contractual conditions, approve bridge finance and initial mobilisation remittances, and grant operational permissions (liaison offices, export of consumables, re imported equipment) subject to exporter undertakings and monitoring.
Import of Silver/Platinum against Letter of Authority issued by Nominated Agency
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Nominated Agency: letters of credit for silver and platinum imports must be issued only on behalf of the nominated agency
Authorised Dealers must issue letters of credit for imports of silver and platinum under the Nominated Agency Scheme only on behalf of the nominated agency itself; letters of authority from other entities do not permit issuance on their behalf. The same operational restriction previously applied to gold is extended to silver and platinum, and Authorised Dealers must notify their constituents and verify the agency relationship before opening credit.
Procedure for import of certain items under the India-Nepal Treaty of Trade signed on 2.3.2002-amendment therein
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Sole agency designation for import control: State trading agency now exclusively handles vegetable fat imports under treaty trade.
The Director General of Foreign Trade, exercising Export and Import Policy powers, amends prior public notices under the India-Nepal Treaty of Trade by deleting a specified paragraph and designating a sole agency to import vegetable fats (vanaspati) up to an annual quota, while keeping other conditions of the original public notice unchanged.
Central Excise Registration - Ntf. No. 49/2003-CE and No. 50/2003-CE, Dt. 10/06/2003
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Central Excise registration requirement clarified: manufacturers claiming exemption must file specified declaration citing the exemption notifications and amend registration.
Manufacturers claiming excise duty exemption under Notifications No.49/2003-CE and No.50/2003-CE must follow Notification No.36/2001-CE (NT) procedures: furnish a specified-format declaration stating grounds and the notification relied upon; registered manufacturers must amend initial registration information; existing unregistered units availing rule 9 benefits must intimate changes to their declarations. Jurisdictional officers should undertake necessary checks and claimants may avail the procedural framework of Notification No.36/2001-CE (NT) as amended.
29/2003 - 21-10-2003 Companies Law
Circulation of following Notifications
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Company law notifications: circulation of settlement scheme, declarations of additional nidhis and secretary appointment amendment.
Circulation of three company-law notifications: the Company Law Settlement (Jammu and Kashmir) Scheme, 2003; a notification declaring additional companies as Nidhis; and the Companies (Appointment and Qualifications of Secretary) (Amendment) Rules, 2003 establishing appointment on a population basis, forwarded to Regional Directors and Registrars of Companies for information and necessary action with a request to acknowledge receipt.
Decentralisation Of The Work Relating To Fixation Of Brand Rate Of Drawback For Supplies Categorized As Deemed Exports
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Decentralisation of Brand Rate fixation shifts filing and approval to zonal JDGs and SEZ Development Commissioners for deemed exports.
Decentralisation of the Brand Rate fixation for deemed-export supplies reallocates responsibility to zonal JDGs and Development Commissioners of SEZs/EPZs; applicants must file with the JDG or Development Commissioner having jurisdiction over the recipient unit and continue to file a copy with the regional licensing authority for payment. Only complete applications will be accepted, acknowledged with a file number and contact details, processed on a FIFO basis, examined against Export-Import Policy and Customs and Central Excise rules, and approved by the Joint DGFT/Joint DC with communicated Brand Rate letters.
Export of Goods and Services
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Extended realisation period for export proceeds allows exporters of listed products to repatriate full value within one year.
Authorised dealers are notified that manufacturer exporters, merchant exporters, and traders of the listed products may realise and repatriate the full value of exports within 365 days from the date of shipment for shipments made up to the specified cutoff; authorised dealers should inform their constituents and act pursuant to the Reserve Bank's powers under the Foreign Exchange Management Act.
External Commercial Borrowings (ECBs) by Units in Special Economic Zones (SEZs)
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External Commercial Borrowings by SEZ units limited to own use; transfer or on lending to DTA units prohibited.
Units in Special Economic Zones may raise External Commercial Borrowings only for their own requirements and are prohibited from transferring or on lending borrowed funds to sister concerns or any unit in the Domestic Tariff Area; Authorised Dealers must ensure compliance with Government ECB guidelines and the directions issued under the Foreign Exchange Management Act.
Import of Raw Garlic against export of Garlic Products under Duty Exemption Scheme
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Duty exemption accountability for imported garlic now tied to moisture-based recovery rates, with licensing committee fallback.
DGFT modifies accountability for imported raw garlic under the Duty Exemption Scheme by prescribing moisture-based recovery rates for specified products (dehydrated/dry garlic and garlic flakes/powder) and providing that the Administrative Licensing Committee will decide accountability for other garlic products or where exporters face difficulties; the prior import condition continues to apply.

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