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Circulars
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Revised procedure for inspection
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Inspection procedure reform: annual comprehensive inspections of income-tax offices, standardized proforma use and centralized report submission.
The Instruction replaces fortnight-focused spot checks with an annual comprehensive inspection of each income-tax office assessing overall functioning against government and CBDT instructions. Inspecting officers must use standardized proforma, examine records and registers, identify strengths and weaknesses in work practices, and recommend remedial actions; comments on individual assessment orders are excluded and addressed via separate review procedures. Allocation of inspecting responsibilities by office type and deadlines for quarterly planning and centralized report submission to DIT(I.T.), New Delhi are specified.
Revised system of Review of assessments
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Review of assessments: supervisory officers must conduct quarterly, quality-focused reviews ensuring issues, evidence and rival arguments are addressed.
Instruction makes review an ongoing supervisory function distinct from inspections, requiring supervisors to monitor assessment quality, ensure issues are considered, evidence collected, and rival arguments analysed. It prescribes hierarchical reviewing responsibilities (Commissioner for Additional/Joint Commissioners, Additional/Joint Commissioner for Range officers), quarterly reporting with specific comments on selected cases, planning of quarterly reviews, reporting remedial actions in a prescribed format, and responsibility for additional charges; the new system replaces the prior framework from the date of issue.
Products under High Tech Products Export Promotion Scheme in Appendix 37E of HBP Vol.1 enlarged (Amendment in Appendix 37E)
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High Tech Export Eligibility expanded as additional specific products are made eligible for promotion benefits under HTPEPS.
Amendment to the Handbook of Procedures, Vol. 1 enlarges Appendix 37E by adding a new Table 2 of "New High Tech Products," listing specific tariff coded items (e.g., SIM cards, memory cards, specified cellular phones, automatic bank note dispensers, medical imaging apparatus, video cameras, videophones, hybrid integrated circuits, and solar/photovoltaic cells) which are made eligible for benefits under the High Tech Products Export Promotion Scheme (HTPEPS) for exports from the stated effective export date.
Modification in procedure regarding registration of account for enabling payment of drawback into the exporters bank in any core banking enabled bank/branch across the country
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Reconfirmation of bank account details required for electronic drawback payment; exporters must submit bank certificates to avoid payment delays.
Exporters must reconfirm bank account details in the ICES/EDI system by presenting a bank-issued certificate in the Annexure-I format for each registered account to the designated customs officer at Customs House, Kandla or MP&SEZ Mundra; the officer will generate a checklist for confirmation. If account particulars are not reconfirmed, payment of drawback may be held up because of electronic interface problems between Customs and banks.
VKGUY List enlarged to add Meat & Meat Products (Amendment in Appendix 37A)
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VKGUY addition: Meat and meat products made eligible for duty credit scrip on qualifying exports from April 2008.
The Director General of Foreign Trade amended the Handbook of Procedures, Vol. I by adding meat and meat products under ITC HS codes 0201-0204 to Table 14 of Appendix 37A so that such products are entitled to duty credit scrip benefits under the VKGUY scheme with effect from 1.4.2008, pursuant to powers under Paragraph 2.4 of the Foreign Trade Policy 2004-09.
Review of Securities Lending and Borrowing (SLB) Framework
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Securities Lending and Borrowing tenure extension with corporate-action adjustments to balance market functioning and risk.
The circular increases SLB contract tenure and prescribes corporate-action adjustments: dividends recovered from the borrower at reverse leg and passed to the lender; stock splits result in proportional position adjustments; other corporate actions cause transaction foreclosure from the day before the ex-date with pro-rata lending fee recovery and return to the borrower. SLB session timing is extended to normal trading hours. Exchanges must adopt common risk-management practices balancing commercial viability and adequate controls, may take margins in cash and prescribed cash equivalents, and must amend rules and systems to implement these requirements.
Guidelines for import of Rough Marble Blocks/Slabs for the year 2008-09
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Import floor price for rough marble licences set, to be endorsed on all licences for 2008-09.
Amendment establishes a mandatory floor price to be endorsed on all licences for import of rough marble for 2008-09: a single floor price applies to crude or roughly trimmed marble and rough marble blocks, and a higher floor price applies to slabs; licensing authorities and customs must apply and endorse these floor-price conditions in processing licences.
Modification in procedure regarding registration of account for enabling payment of drawback into the exporters bank in any core banking enabled bank/branch across the country
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Bank account reconfirmation required to enable electronic drawback payments; exporters must submit bank-certified account certificates to Customs.
Exporters must reconfirm each bank account registered in the ICES/EDI system by obtaining a bank-certified certificate in the prescribed Annexure I format, submitting it to the designated Customs Officer who will generate a Check List; failure to reconfirm may delay electronic drawback payments due to interface validation issues.
DGFT deletes Para 4.8 related to 'financial powers' and amends 'Application Form' under EPCG Scheme
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EPCG Scheme application procedure revised: applicants must submit the prescribed ANF form to the regional authority for authorisation.
Paragraphs 4.8 (Financial Powers) and 5.3 are deleted from the Handbook of Procedures. Paragraph 5.2 is amended to require that applications for grant of an authorisation under the EPCG Scheme be made to the concerned regional authority in the prescribed ANF format, specifically in ANF 5A, along with the documents prescribed in that form.
Modification in procedure regarding registration of account for enabling payment of drawback into the exporters bank in any Core Banking enabled bank/branch across the country
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Exporters must reconfirm bank account details with bank certification to ensure drawback payments via core banking branches.
Exporters must reconfirm bank account details in the ICES/EDI system by obtaining a bank certification in the Annexure I format for each registered account, submitting it to the designated Customs officer who will generate a checklist; failure to reconfirm may delay drawback payments due to electronic interface issues between Customs and banks.
Levy of service tax on production of alcoholic beverages on job work basis -reg
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Business Auxiliary Service exclusion applies where contract bottling amounts to manufacture, while partial processes remain taxable.
Brand owners granting use of trademarks and technical assistance render an Intellectual Property Service taxable on gross consideration. Where a contract bottling unit performs the complete process amounting to manufacture as per the Central Excise Act, the BAS exclusion applies and BAS is not chargeable; partial processes such as packing or labelling remain chargeable to Business Auxiliary Service. Rent from leasing a distillery is taxable under Renting of Immovable Property Service.
Trade Credits for Imports into India - Review of all-in-cost ceiling
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All-in-cost ceiling for trade credits increased, permitting higher cost over benchmark for specified maturities; effective immediately.
Revision of the all-in-cost ceiling for trade credits raises the permissible cost margin over the six-month LIBOR benchmark for imports, with distinct higher ceilings for maturities up to one year and for those over one year up to three years. The revised ceilings take effect immediately, will be reviewed according to international market conditions, and leave other aspects of trade credit policy unchanged; related regulatory amendments to the Foreign Exchange Management borrowing/lending regulations will follow separately.
Applicability of Net Asset Value (NAV) for Income/Debt oriented Mutual Fund scheme(s)/plan(s) (other than liquid fund schemes)
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Net Asset Value applicability aligned with fund realisation for large mutual fund purchases, applying the closing NAV when funds clear.
Applicability of Net Asset Value (NAV) is modified for purchase applications in Income and Debt oriented mutual fund schemes (excluding liquid funds) so that for large subscriptions the closing NAV of the day on which funds are available for utilisation will apply, aligning NAV applicability with realisation of money and moving away from NAV based on application date; all other conditions of the earlier uniform cut-off timings circular remain unchanged.
Jurisdiction for Appeal, Revision and other matters
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Jurisdiction for appeals reallocated among tax commissioners, establishing zone-based appellate competence and pecuniary thresholds.
Reallocation of appellate and objection jurisdiction assigns specific Joint and Deputy Commissioners zone-based competence for appeals and revisions under DST/CST and for objection hearings under the DVAT Act, 2004. The assignments differentiate higher-tier and lower-tier pecuniary competence across Zones, Special Zone, KCS and Enforcement, with some officers given concurrent or exclusive responsibility, effective immediately and issued with prior approval of the Commissioner.
Amended para 4A.2.1 - Value Addition
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Value addition requirement for jewellery exports sets minimum thresholds under amended Foreign Trade Policy export rules.
Amendment prescribes minimum value addition requirements for jewellery exports under the Foreign Trade Policy 2004-2009; value addition is to be calculated as per paragraph 4A.6 of the FTP and paragraph 4A.2.1 of the Handbook of Procedures, Vol. I is revised to list category wise minimum thresholds for plain jewellery, studded jewellery, fully mechanised manufacture, medallions/non legal tender coins, and mechanised findings/mountings.
Procedure for Import of Containers in case of one way lease -reg.
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Domestication of imported containers requires Bill of Entry filing and duty payment; temporary re export route not permitted normally.
Marine containers imported for domestic use under one way lease must be cleared by filing a Bill of Entry for Home Consumption and payment of duty; shipping lines must manifest containers with supporting documents and additional manifest entries may be allowed on production of evidence and Customs scrutiny. Empty containers must remain in the CFS until Customs out of charge, and past cases must be regularised by IGM amendment and duty payment.
1711 - 24-10-2008 VAT - Delhi
ARRANGEMENTS FOR RECEIPT AND MOVEMENT OF THE RETURNS FOR THE QUARTER ENDING SEPTEMBER, 2008
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Extension of electronic filing deadline for VAT returns permits delayed submission for monthly and quarterly dealers.
The circular extends the deadline for electronic submission of VAT returns for monthly and quarterly dealers for the quarter ending September 2008 to 5th November 2008, continuing earlier administrative directions and issued with prior approval of the Commissioner (VAT). It is an administrative instruction from the Operations Branch addressing receipt and movement arrangements for returns and is signed by the Deputy Commissioner (Operations).
Corporate Governance in listed Companies – Clause 49 of the Listing Agreement
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Definition of related to promoter clarifies nominees, directors and employees as related, affecting board independence requirements.
Clause 49 is amended to explain related to any promoter: if the promoter is a listed entity, its directors (other than independent directors), employees and nominees are deemed related; if the promoter is an unlisted entity, its directors, employees and nominees are deemed related. The clarification affects the requirement that at least one half of the board be independent where the non executive chairman is a promoter or related to promoters. Applicability: at in principle approval for new listings and for existing listed entities by March 31, 2009, with stock exchanges required to update listing texts and report implementation to SEBI.
Foreign investments in infrastructure companies in securities markets
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Secondary market requirement for foreign institutional investors: unlisted exchanges permit off-exchange purchases not constituting initial allotment; listed exchanges require on-exchange.
SEBI requires FIIs to acquire shares in infrastructure companies only via the secondary market: unlisted exchanges may accept FII purchases outside the exchange so long as they are not initial allotments, whereas listed exchanges require FIIs to transact through the exchange; issued under Section 11(1) of the SEBI Act for compliance by exchanges, depositories and custodians.
Supply of tangible goods service - Credit on 'Tangible goods' supplied during the course of providing taxable service under section 65(105)(zzzzj)
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Input credit on tangible goods supplied for use without transfer of possession is available where they are primary requirements for a taxable service.
Credit of excise duty and additional customs duty paid on tangible goods supplied for use without transfer of possession is available where those goods are primary requirements for rendering the specified taxable service; such goods are to be treated as inputs for the service provider, even if some might otherwise qualify as capital goods, and this clarification applies only when the supply occurs in the course of providing that taxable service.

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