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Circulars
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DISPOSAL OF REFUNDS
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Refund claim filing requirement: dealers must submit statutory form details online or refunds processed using department records.
Dealers with pending refund claims involving central sale or stock transfer against statutory forms must file online the information for pending statutory forms in Block R 10 of the CST return Form 1 by the prescribed deadlines; receipts can be obtained from the website. Absent timely submission, refund claims will be processed on the basis of the latest statutory form information available with the Department.
Amendment of rule 8, 9 and 10 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 - reg .
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Transaction value regime: each removal must be valued independently under section 4(1) or applicable valuation rules.
Amendment clarifies that each removal of excisable goods must be assessed independently under section 4(1)(a) or the specific valuation rule applicable to that removal; rules 8, 9 and 10 now expressly apply whether the whole or part of clearances fall within their circumstances. The rules are not to be applied sequentially; each clearance is valued according to its factual contingency. The circular gives examples (independent buyers, captive consumption, related-party transfers) and notes deletions of prior clarifications, effective 1 December 2013.
The Service Tax Voluntary Compliance Encouragement Scheme - reg.
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Voluntary Compliance Encouragement allows regularisation of past service tax liabilities subject to strict limits on rejections and procedural safeguards.
Designated authorities must accept and acknowledge declarations under the Voluntary Compliance Encouragement Scheme, assist declarants to cure defects, and avoid returning declarations. Rejection on grounds of pre existing inquiries, investigations or audits must be construed strictly and limited to the specific period or issue under inquiry; where reasons for rejection exist a timely written notice of intention to reject must be issued. Payments made after the scheme began but before filing may be included in a declaration provided Cenvat credit was not used; amounts already discharged before the scheme are not eligible for declaration.
Lowering of the threshold for e-payment to rupees one lakh
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E-payment threshold reduction requires electronic deposit of service tax by qualifying assessees and notifies parallel central excise change.
An amendment lowers the electronic payment threshold for service tax so that an assessee who paid a total of service tax in the preceding financial year, including amounts paid by utilisation of CENVAT credit, must deposit service tax electronically through internet banking under the proviso to Rule 6(2) of the Service Tax Rules. A parallel amendment to the third proviso to Rule 8(1) of the Central Excise Rules imposes a corresponding obligation; both notifications take effect from the stated implementation date and Commissioners must issue public notices.
Appointment Assistant Commissioner-cum-Value Added Tax Officer
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Jurisdiction reassignment directs a new tax assessing authority to assume control of a dealer and procure file transfer.
Directs appointment of Assistant Commissioner-cum-Value Added Tax Officer, Ward-64, to exercise jurisdiction over M/s Jain Departmental Store, TIN-07800213820, for the financial years 2008-09 through 2012-13 under provisions of the Delhi Value Added Tax Act and the Central Sales Tax Act; existing Assessing Authorities shall cease jurisdiction for those years and must forward the dealer's files and records for the period to the Assistant Commissioner, Ward-64 within three days of this order.
Overseas Foreign Currency Borrowings by Authorised Dealer Banks
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Forward-forward swap permission for overseas foreign currency borrowings enables delivery extension until year-end with penalty for non delivery.
Banks with a firm loan sanction or commitment on or before November 30, 2013 may enter into a forward-forward swap selling forward the contracted foreign currency for delivery up to December 31, 2013; failure to deliver on the contracted date requires payment of the difference between the contracted concessional swap rate and the market swap rate plus one hundred basis points, with all other notified swap terms unchanged and the relaxation available only for contracts entered into up to November 30, 2013.
Mismatch in Form 2A / 2B
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Delegation of assessment power reassigned to resolve Form 2A/2B data mismatches in specified wards immediately.
The power to conduct default assessments and review assessments for Form 2A/2B data mismatches is reassigned to a newly designated VATO for dealers in the specified wards of Zone VII, replacing the earlier designee; the rest of the prior order remains unchanged and the modification is effective immediately with competent authority approval.
Detention order
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Detention order under Prevention of Illicit Traffic Act directs individual to appear before an intelligence officer after Gazette publication.
A preventive detention order under the Prevention of Illicit Traffic Act initially directed custody of Pankaj Kumar Shukla to prevent illicit trafficking; the Central Government, believing him to have absconded or to be concealing himself, now invokes clause (b) of Section 8(1) to direct his appearance before the specified Intelligence Officer at the Directorate of Revenue Intelligence, Delhi Zonal Unit, within the period prescribed after the order's publication in the Official Gazette.
Detention order
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Preventive detention under PITA: person directed to appear before an intelligence officer within ten days of Gazette publication.
On the Central Government's belief that the individual has absconded or is concealing himself so the detention order cannot be executed, the Government, exercising the power in clause (b) of Section 8(1), directs the person to appear before a designated Intelligence Officer within ten days of publication of the order in the Official Gazette; the directive specifies the officer's office location for personal appearance and functions as service of the order where personal execution of detention is impeded by absconding or concealment.
Implementation of Risk Management System (RMS) in Imports
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Risk Management System enables self-assessed import clearances with system selection for examination and post-clearance audits.
Electronic Risk Management System (RMS) processing of Bills of Entry and IGMs will permit self-assessed BEs to obtain out-of-charge without routine officer assessment or examination, while selected BEs are routed for appraisal, examination or assessment based on risk parameters or random selection. Accredited Clients receive facilitation subject to CCRs and random checks. The RMS drives system-driven bond debits, selection for Post-Clearance Audit, and prints Compulsory Compliance Requirements linked to allied laws, requiring accurate BE data and submission of prescribed documents at out-of-charge.
Clarification regarding classification of Structural Components of Boiler and Admissibility of CENVAT Credit On these Structural Components
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Cenvat credit admissibility clarified: boiler parts qualify, foundation or support structure components do not, assessed case by case.
Clarification addresses classification of boiler structural components and the permissibility of Cenvat Credit. Components that are functionally parts of the boiler are classifiable as boiler parts and eligible for Cenvat Credit, while components used for laying foundations or making supporting structures for capital goods are excluded. Whether an item is a boiler part or a support component is a question of fact to be decided case by case by reference to its nature and use under existing legal provisions and judicial pronouncements.
Permission for export of Finished Leather, Wet Blue and EI Tanned Leather through ICDs/CFSs.
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Export permission through ICDs/CFSs expands permitted exit points for finished and semi-processed leather under existing testing rules.
Export of Finished Leather, Wet Blue and EI Tanned Leather is permitted through ICDs/CFSs identified/notified by Customs at Chennai, Mumbai and Kolkata in addition to earlier notified seaports and airports, and the existing procedure for drawal of samples and testing prescribed in Public Notice No. 23 dated 13.08.2013 shall continue to apply.
Filing of online return for 2nd quarter of 2013-14 – extension of period thereof.
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Extension of filing deadline for quarterly VAT returns; online and hard copy submission dates extended, payment procedure unchanged.
The Commissioner extends the last date for online filing of second quarter VAT returns for 2013-14 in Forms DVAT 16, DVAT 17 and DVAT 48 with required annexures and provides a later date for submission of the hard copy returns with enclosures; tax payment procedures remain as previously prescribed.
Issues relating to export of computer software Direct tax benefits -Clarification reg.
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Tax benefit clarifications for software exports require field authorities to follow guidance and refrain from further appeals.
Field authorities must follow the CBDT Circular clarifying tax treatment of computer software export benefits; Assessing Officers taking divergent views are to conform to the Circular in letter and spirit, and no further appeals should be filed on issues already clarified by the Circular even if assessments predate it.
Uniform list of services to be followed in SEZs — regarding.
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Default authorised services expanded to include Rent a cab and SEZ Online; UACs to ordinarily permit listed services.
The Department of Commerce has expanded the SEZ uniform default authorised services list to include Rent a cab Scheme Operator's Services and SEZ Online Services. Unit Approval Committees are to ordinarily permit the approved uniform list as default authorised services unless contrary reasons arise; services not included in the uniform list remain subject to UAC decision on merit. Development Commissioners and UACs may further expand the list to facilitate units and developers in their zones.
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 revised, affecting deferred payment protocols and requiring AD Category I banks to notify constituents under FEMA.
The Reserve Bank fixed a revised rupee valuation of the Special Currency Basket for application to the Deferred Payment Protocols with effect from the specified date, instructing Authorised Dealer Category I banks to inform their constituents; the circular is issued under the Foreign Exchange Management Act and without prejudice to other legal permissions.
Trade Credit for imports into India- Online submission of data on issuance of Guarantee/Letter of Undertaking (LoU) /Letter of Comfort (LoC) by ADs
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XBRL reporting requirement: AD banks must submit guarantees, LoUs and LoCs data online; manual filings discontinued promptly.
AD Category I banks must stop manual and emailed Excel reporting of guarantees, LoUs and LoCs and instead submit consolidated quarterly data via the Reserve Bank's XBRL platform using prescribed Form LOU; credentials must be obtained from the RBI, technical guidance is available, and from the quarter ending December 31, 2013 data are to be uploaded only on XBRL by the 10th of the succeeding month.
18/2013 - 19-11-2013 Companies Law
Clarification with regard to applicability of provision of Section 372A of the Companies Act, 1956.
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Inter corporate loan provision remains in force until the corresponding provision of the new Companies Act is notified.
The circular confirms that the inter corporate loan provision under Section 372A of the Companies Act, 1956 continues to remain in force until the corresponding provision in the Companies Act, 2013 is notified; it also notes that the new Act's provision on loans to directors has been notified while the provision replacing Section 372A has not yet been brought into force.
Clarification in respect of Circular No.5/2010 – F. No. 142/13/2010 –SO (TPL) dated 03.06.2010- regarding.
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Dispute Resolution Panel procedure requires forwarding draft assessment to eligible taxpayers for variations occurring on or after the effective date.
Section 144C was inserted with effect from 1 April 2009. The Assessing Officer is required to forward a draft assessment order to an eligible assessee if he proposes, on or after 1 October 2009, any variation in income or loss returned which is prejudicial to that assessee. That requirement applies to any order proposing such a variation on or after 1 October 2009 irrespective of the assessment year to which the order pertains; consequential amendments referred to earlier shall also apply from 1 October 2009.
Compliance with the provisions of Equity Listing Agreement by listed companies – Monitoring by Stock Exchanges
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Monitoring of listing compliance: stock exchanges must verify disclosures, seek clarifications, and report unsatisfactory responses for enforcement.
Recognised Stock Exchanges must establish staffed frameworks to monitor the adequacy and accuracy of listed companies' disclosures under the Equity Listing Agreement, detect violations of securities laws and the Listing Agreement, seek timely clarifications from issuers, publish queries and responses with original disclosures, treat unsatisfactory or absent replies as non compliance subject to fines and suspension procedures, report such cases to the regulator via an "Exception Report," and set up a dedicated monitoring cell while disclosing responsible promoters, directors or key managerial personnel in cases of default.

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