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Circulars
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Export of Goods and Software – Realisation and Repatriation of export proceeds – Liberalisation .
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Realisation and repatriation of export proceeds: permissible period extended, SEZ and warehouse export rules remain unchanged.
The period for realisation and repatriation to India of the full export value of goods or software exported was liberalised by extending the permissible period from six months to twelve months from the date of export; this extension leaves unchanged the rules for units in Special Economic Zones and for exports to warehouses outside India, and was communicated to Authorised Dealer Category I banks under powers under the Foreign Exchange Management Act, 1999.
Deferred Payment Protocols dated April 30, 1981 and December 23, 1985 between Government of India and erstwhile USSR.
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Special currency basket value revision affecting deferred payment protocols; authorised banks must notify constituents under regulatory directions.
The Reserve Bank revised the Rupee value of the special currency basket applicable to settlement under the Deferred Payment Protocols with the erstwhile USSR, effective September 20, 2011, replacing the prior value effective August 23, 2011; AD Category I banks must notify their constituents and apply the revised valuation, pursuant to regulatory directions and without prejudice to other legal permissions.
Issuance of ST-2 Registration Certificate-reg.
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Registration certificate issuance to be mailed by office; applicants may opt for personal collection on application.
Certificates will be printed, signed and stamped by departmental officers and sent to applicants by post; assessees may elect personal collection by indicating that option on the ST-1 application submitted to the jurisdictional Superintendent. Registration work will be centralised within each Division and a single group of officers will handle registrations for all assessees in that Division.
Amendments in the Reward/Incentive Schemes of Chapter 3 of FTP 2009-14 :- Notification of Table-8 under Appendix 37D of Handbook of Procedure Vol.1 .
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Special bonus benefit for designated focus products provides an export incentive for eligible shipments during specified policy period.
Insertion of Table 8 in Appendix 37D introduces a Special Bonus Benefit under the Focus Product Scheme for specified ITC (HS) coded products exported from 01.10.2011 to 31.03.2012, granting a bonus equal to 1% of FOB export value in free foreign exchange; additionally, a new focus product entry is added to Table 4 for exports effective from 01.04.2011, expanding product-level eligibility under the Handbook of Procedures, Vol. I.
All Industry Rates of Duty Drawback, 2011-12 - Reg.
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All Industry Rates of Duty Drawback: amendments clarify classification, implement transitory replication, and allow retrospective supplementary claims.
The All Industry Rates of Duty Drawback 2011-12 have been amended to resolve classification disputes by replicating entries under additional tariff headings and inserting Note 3A, while retaining existing entries with matched rates and value caps. Clarifications include four digit alignment with the Customs Tariff, classification rules for parts/components, MUV/SUV and leather garments (60% leather threshold), the general incompatibility of All Industry Rates with Advance Licence obligations with brand rate alternatives, and retrospective effect from 1 October 2011 with allowance for supplementary drawback claims.
Exemption for export of excise verified stock of 1053. 625 MTs of casein and casein products manufactured prior to imposition of ban on export of milk products i.e. 18.02.2011.
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Exemption for export of excise-verified casein stock permits specified firms to export pre-ban manufactured inventories.
Exemption permits export of excise verified stocks of casein and casein products manufactured prior to the export ban, pursuant to Notification No. 83; the DGFT Trade Notice authorises specific quantities for named firms based on excise verification, and informs customs, regional DGFT authorities and trade members to facilitate exports in accordance with verification records.
Draft Circular on Refunds in Service Tax
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Refund eligibility for input services: clarifies tests and invoice-level assessment for export zero-rating under notification framework.
Clarifies that refunds of cenvat credit on input services for export are intended to effect zero rating, aligning refund scope with the Cenvat definition of input service. For 100% exporters every input service meeting Rule 2(l) is refundable; for mixed businesses services used exclusively for domestic purposes are disqualified only on unmistakable facts, while mixed use is apportioned by the statutory correction factor. Eligibility is to be assessed at the input service invoice level and the annex lists illustrative eligible services with specified exclusions.
Deregulation of Savings Bank Deposit Interest Rate - Guidelines.
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Deregulation of savings bank interest rates permits banks to set resident savings rates with uniform small-balance rates and no discrimination.
Banks are free to determine savings bank interest rates for resident Indians subject to two conditions: offer a uniform interest rate on savings deposits up to the designated small-balance threshold, and, for deposits above that threshold, permit differential rates only if there is no discrimination between deposits of similar amount accepted on the same date at any of the bank's offices. The directive modifies an earlier instruction and is issued under Section 35A; interest on certain Non-Resident savings accounts remains separately regulated.
‘In-person’ verification (IPV) of clients by subsidiaries of stock exchanges, acting as stock brokers
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In-person verification by sub-brokers may be relied on by exchange subsidiaries, subject to the subsidiary's ultimate verification responsibility.
Subsidiaries of stock exchanges acting as stock brokers may rely on in-person verification performed by their sub-brokers (who are also registered as stock brokers of the parent exchange), but the subsidiaries retain ultimate responsibility for ensuring IPV and must obtain and retain the requisite IPV documents for their records.
Power of adjudication of Central Excise Officers- instructions reg.
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Adjudication authority unified for senior officers; uniform monetary threshold set for medium-value central excise cases.
The Board amended prior instructions to prescribe a uniform monetary limit for both Additional Commissioners and Joint Commissioners to adjudicate central excise cases under sections 11A and 33 of the Central Excise Act, 1944: matters where duty involved is above Rs. 5 lakh and up to Rs. 50 lakhs, applicable to extended period and other cases within that band.
Implementation of bar coding on tertiary packing of consignments of pharmaceuticals and drugs for export with effect from 01.10.2011.
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Barcoding requirement on tertiary pharmaceutical export packaging mandates GTIN, batch, expiry and serials from 01.10.2011.
Mandatory 1D barcoding on tertiary packing of export consignments of pharmaceuticals and drugs, encoding GTIN, batch number, expiry date and a unique serial number, effective from 01.10.2011 and compulsory for products manufactured on or after that date.
Memorandum of Instructions governing money changing activities-Location of Forex Counters in International Airports in India
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Foreign exchange counter location rules mandate purchases only with encashment certificates; non-compliance attracts statutory penalties.
Foreign exchange counters at international airports must be sited so that arrival counters are after Customs or, if between Immigration and Customs, they only purchase foreign currency, sell Indian Rupees and issue Encashment Certificates; departure counters must be before the first of Customs or Immigration with appropriate passenger notices. Authorised Dealers and Full Fledged Money Changers not conforming must relocate to comply by the prescribed deadline, and non compliance attracts penal provisions under the Foreign Exchange Management Act.
Online Transmission of Duty Free Import Authorization issued between Customs and DGFT
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Online transmission of Duty Free Import Authorization automates DFIA data exchange between customs and trade, streamlining shipping bill processing.
Implementation of online transmission of Duty Free Import Authorizations will automatically populate DFIA/authorization details in ICES 1.5 for export and import filings; exporters and CHAs must provide DFIA details in the revised Shipping Bill format or Annexure A, and importers must quote Authorization numbers on Bills of Entry. Customs will transmit Shipping Bills to DGFT for export obligation monitoring; DGFT will issue an Export Obligation Discharge Certificate enabling Customs to release bonds, LUTs and bank guarantees after verification. DFIA amendments require a Customs-issued log print of license usage before DGFT processes and transmits amendments online; manual procedures continue for pre-implementation authorizations.
Reporting format under Regulation 11 of Securities Contracts (Regulation) (Manner of Increasing and Maintaining Public Shareholding in Recognised Stock Exchanges) Regulations, 2006
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Public shareholding reporting: recognised stock exchanges must submit standardized quarterly shareholding reports and compliance undertakings.
Recognised stock exchanges must submit a standardized quarterly shareholding report (Annexure A) to the regulator within fifteen days from the end of each quarter, including top ten shareholders, acquisitions, category-wise shareholding (Trading Members, Associates, Public), disclosures for persons acting in concert, and an undertaking by the Managing Director/Executive Director confirming compliance with Regulation 11(1); exchanges must also report implementation status in their Development Report.
Export of Gems & Jewellery by Thailand to India under EHS.
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Special countervailing duty on imported jewellery limited to equivalent domestic VAT rate under the notification's merit entry.
Import of jewellery from Thailand under the preferential notification is subject to Special Countervailing Duty at the merit entry rate of the notification rather than a higher differential rate. Paragraph 3 excludes only the first serial entry's benefit for goods with nil basic customs duty under a free trade agreement and does not preclude application of other merit-rate entries. The levy's object to offset domestic indirect tax means imported jewellery cannot attract a higher Special CV duty than the comparable domestic tax.
Regarding implementation of ‘On Site Post Clearance Audit’.
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On Site Post Clearance Audit enables premises verification of importer/exporter self assessments and mandates document access.
On Site Post Clearance Audit (OSPCA) enables premises based periodic verification of importer/exporter self assessments, obliges timely provision of all import/export documents including electronic records, authorises auditors to verify declarations and take samples, and prescribes penalties for non compliance; initially applied to Accredited Client Programme importers with phased expansion and coordinated audits to avoid duplication with Central Excise and Service Tax checks.
Eligibility of export product “Technical Textiles” listed at FPS Product Code 33, Table-4, Appendix 37D of HBPv1 – reg.
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Technical Textiles eligibility limited to listed products for FPS benefit; non listed grants must be recovered by authorities.
Only the 33 items enumerated in the Annexure qualify as Technical Textiles for FPS benefit; a technical textile is one whose primary criterion is function (e.g., automotive, medical, geotextiles, protective clothing). FPS benefits wrongly granted for exports not on the Annexure within the specified applicability period must be recovered, and Regional Authorities must process claims accordingly.
Commercial construction/infrastructure development projects of road, airports, dams, tunnels etc, – levy of service tax on various service providers engaged / associated with such construction work
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Works Contract Service exemption may not automatically extend to subcontractors; independent classification determines service tax liability.
Services provided by subcontractors and other service providers to a main works contractor must be classified under their respective service descriptions and are chargeable accordingly; the main contractor's exemption for works contract services in specified infrastructure projects does not automatically extend to subcontractors unless the subcontractor's own activity is independently classifiable as Works Contract Service, in which case the subcontractor too may claim the exemption.
USER MANUAL FOR ON-LINE FILING OF ANNEXURE-2A & 2B.
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Mandatory TIN and dealer name required for Annexure 2A/2B electronic filing; validated uploads and generated submission ID enable e filing.
The manual outlines submission procedures for Annexure 2A/2B via online entry or a downloadable application: authenticate with TIN and password, select tax period, classify transactions, enter or import data in specified Excel/Notepad format, export a Notepad report from the application, upload and preview on the portal, and note the generated submission ID. Validation blocks improperly formatted or altered files and highlights invalid content in red, requiring re generation through the official software. Mandatory TIN and dealer name requirements by transaction type must be observed before final submission and proceeding to DVAT/CST e filing.
SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (The Regulations)
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Takeover disclosure formats require specified pre- and post-acquisition holdings, acquisition mode, dates, and diluted capital details.
Formats prescribe mandatory fields for Regulation 29(1) and 29(2) disclosures: identification of Target Company, acquirer and PACs, promoter status, listings; numerical pre and post transaction holdings for shares with voting rights, non equity voting rights, and convertible instruments expressed against total and diluted share/voting capital; mode of acquisition/sale; relevant dates; equity and total voting capital before and after the transaction; total diluted share/voting capital after the transaction; signature and date by the acquirer/authorised signatory.

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