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Circulars
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Monthly payment of Central Excise Duty by Small Scale industries Instructions - Regarding
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Monthly payment of central excise duty permitted unit-wise for small scale manufacturers, including branded clearances from same unit.
Duty liability for manufacturers claiming SSI status must be determined and discharged unit-wise: where a unit avails SSI exemption but also clears branded goods for others from the same unit at normal rates, the manufacturer may use the monthly payment facility for all clearances from that unit. A unit that manufactures only branded goods for others and does not avail exemption cannot claim the monthly-payment benefit and is to be treated as an other-than-SSI unit for duty payment.
ITC(HS) Code Compulsory on Shipping Bills
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ITC(HS) code requirement on shipping bills means exports filed without the code will be ineligible for export benefits.
Mandatory inclusion of the ITC(HS) code at the eight digit level is required on all shipping bills and on licence application forms; omission will not delay customs clearance but will disqualify exports from receiving export benefits. To assist traders, the DGFT provides an online ITC(HS) database, an e mail contact, and regional licensing office telephone support, with Export Promotion Councils available for further assistance.
DEPB — admissibility of benefit against export of CRGP/GC coils/ MS galvanised sheets or strips
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DEPB admissibility for galvanised steel exports: implement DGFT classification correction and recover excess export credit entitlement.
The Board directs Customs Houses to implement DGFT Policy Circular No. 19(RE-00)/2000-2001 and to ensure that exports of Galvanised CRGP/GC coils, MS galvanised sheets, strips and wide coils are treated against the correct entry (Sr.No. 363) of the Engineering Group rather than Sr.No. 91; Customs must safeguard revenue and recover any excess DEPB credit previously granted.
DEPB — re-export of goods unfit for consumption
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DEPB re-export credit: permits re-export of defective imports with partial DEPB credit entitlement subject to conditions.
Customs may permit re-export of goods imported under the DEPB scheme when goods are defective or unfit and grant a DEPB Credit Entitlement Certificate for a reduced portion of the original DEPB credit, provided re-export is from the same port within a prescribed period, identity is verified by the Assistant/Dy. Commissioner, and goods have not been used (segregation of unused goods and proportionate benefit is permitted). For trading imports, DEPB re-export relief applies only for manufacturing defects. The Regional Licensing Authority issues a fresh DEPB scrip with the same port registration, usable via TRA as permitted.
Foreign Exchange Management Act 1999 – Export of Goods and Services
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Export regulations govern authorised dealers' duties on documentation, realisation of export proceeds, and reporting obligations.
The Reserve Bank's Export Regulations and accompanying Annexure prescribe mandatory procedures for export declaration forms (GR/PP/SDF/SOFTEX), permitted modes of receipt of export value via authorised dealers, invoicing and valuation processes for goods and software exports, and conditions for exemptions and special permissions. Authorised dealers must verify documentation, countersign PP forms under specified conditions, maintain export registers, report transactions to Reserve Bank, and follow procedures for short/shut-out shipments, part-drawings, consignment exports, write-offs of unrealised bills, and remittances such as agency commissions, subject to documentary requirements and surrender of incentives where applicable.
Review of existing sectoral policy and sectoral equity cap for Foreign Direct Investment (FDI) and investment by Non Resident Indians (NRI) / Overseas Corporate Bodies (OCB).
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FDI liberalisation allows full foreign investment in SEZ manufacturing and specified telecom services with divestment and licensing conditions.
FDI upto 100% is permitted via automatic route for manufacturing in SEZs (with specified sectoral exclusions) and for certain telecom services (ISPs without gateways, dark fibre providers, electronic mail, voice mail), subject to licensing and security requirements. Proposals beyond 49% are to be considered by FIPB and companies listed abroad with high foreign ownership must divest 26% to Indian public within five years. Royalties for trademarks are allowed under capped rates for exports and domestic sales without technology transfer; wholly owned subsidiaries may pay higher royalties to offshore parents without duration restriction. Offshore venture capital funds may invest via automatic route subject to SEBI and sectoral caps.
Drawback— PMV - verification at Customs House
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Present market value verification in drawback: restrict routine enquiries to prima facie violations to avoid exporter delay and cost.
PMV enquiries under the Drawback Scheme should not be routine; they must be initiated only where there is a prima facie indication of inflated FOB declarations relative to Present Market Value. Field formations are to exercise proper discretion and vigilance, avoiding unproductive verifications that increase exporter transaction time and costs, and the Circular's guidance must be communicated to operational Customs staff.
Amendments to the SEBI (Disclosure and Investor Protection Guidelines), 2000.
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Unsecured subordinated debt permitted with investor consent, subject to enhanced disclosure and escrow-backed security procedures.
Offer documents must identify assets subject to security and state charge ranking, disclose risks of second or subordinated charges, specify the required security/asset cover and its valuation basis and periodicity, obtain and submit relevant consents to the debenture trustee before opening the issue, and place issue proceeds in escrow until security documents are executed. The guidelines also permit issuance of unsecured/subordinated debt not constituting public deposits, provided subscription is limited to Qualified Institutional Buyers or investors who have given positive consent.
Central Excise - Classification of Ultramarine Blue whether under sub-heading No. 3206.10 or under sub-heading No. 3212.90 - Clarification regarding
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Classification of ultramarine blue affirmed under chapter 32.06; repacking treated as manufacture where Chapter Note 3 applies.
Ultramarine blue is to be classified under chapter heading 32.06; the Board has withdrawn its earlier circular that separated bulk and retail packings and has accepted appellate reasoning. Chapter Note 3, introduced in 1995 treating repacking, labelling or re-labelling as amounting to manufacture, will guide classification for transactions after its insertion. Pending assessments are to be finalised on the basis of classification under chapter 32.06 and lower formations and trade are to be informed.
Classification of Steel Tubular Poles, commercially Known as Transmission Poles - Clarification regarding
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Classification of steel tubular poles as pipes and tubes under tariff heading 73.06 now confirmed; prior circular rescinded.
Steel tubular poles used as transmission poles are to be treated as pipes and tubes and classifiable under heading 73.06; the Board has rescinded its earlier circular, accepted the appellate reasoning as final, and directed that pending assessments be decided in conformity with classification under heading 73.06.
Filing of appeals in the Supreme Court – instructions regarding forwarding of information on connected matters for proper defence of cases
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Connected matters disclosure required: full case citations and current status must accompany appeals for proper defence.
Appeal proposals to the Supreme Court must include a mandatory report on connected matters verifying the correctness and applicability of citations relied upon in the impugned order, and detailing whether appeals were filed against those relied upon decisions, their departmental CA/CAD or Board references, and current status. Chief Commissioners will reconcile Terminal List and Registry pendency with departmental records, coordinate file retrieval and updates, and submit discrepancies to designated Joint Secretaries; the prescribed proforma must be attached to all proposals so counsel can be fully briefed before final hearing.
33/2000 - 06-09-2000 Central Excise
Central Excise - New format of RT-12 Return specified under Rules 54 and 173G of the Central Excise Rules, 1944 - Instructions reg
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Cenvat credit utilisation limits clarified; available balance frozen at mid month or month end for duty payments.
Form RT-12 replaces earlier RT-3/RT-3 (modified) and is to be used under Rules 54 and 173G; Rule 57AB is amended to permit utilisation of Cenvat Credit for fortnightly/monthly duty payments only up to the balance existing at statutory cutoffs (the 15th for the first fortnight and the last day of the month for the second fortnight; for SSI monthly payers only opening balance plus credits accrued during the month), with supporting PLA extracts, TR-6 challans and credit statements required to reconcile opening balances, credits, duty discharged and closing balances.
Return of Bank Guarantee by Licensing Authorities
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Return of bank guarantees: licensing authorities must return original bank guarantees to banks upon redemption, informing licensees.
Licensing authorities must return the original bank guarantee to the issuing bank on redemption of the case where the export obligation has been completed, with intimation to the licensee; this replaces the earlier practice of issuing a redemption letter and endorsing a copy to the bank, and follows consultation with the central banking authority.
Securities and Exchange Board of India (Debenture Trustees) (Second Amendment) Regulations, 2000
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Debenture trustee regulations amended and take effect upon official publication, notifying registered debenture trustees to acknowledge receipt.
SEBI issued the Securities and Exchange Board of India (Debenture Trustees) (Second Amendment) Regulations, 2000, exercising powers under the SEBI Act to amend the regulation of debenture trustees; the amendment came into force from its publication in the Official Gazette and was communicated to all registered debenture trustees by circular with a copy of the Gazette enclosed.
Foreign Exchange Management Act 1999- Commodity Hedging
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Commodity hedging extended to crude oil and petroleum products, subject to Reserve Bank approval and Schedule III procedures.
The Reserve Bank extends permission to persons resident in India to enter into hedging contracts for price exposure in crude oil and petroleum products under the Foreign Exchange Management (Foreign exchange derivative contracts) Regulations, 2000, applying the Schedule III procedural requirements mutatis mutandis; a formal amendment will be issued and authorised dealers must notify constituents, with contraventions liable to penalties under the Act.
External Commercial Borrowings (ECB)
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External Commercial Borrowings automatic route permits streamlined ECB approvals with lender recognition and mandatory reporting obligations.
The circular establishes an automatic route for qualifying ECBs and refinancing within a prescribed ceiling, allowing registered legal entities (including proprietorships/partnerships) to raise funds from internationally recognised lenders through a reputed merchant banker without prior Ministry/Reserve Bank approval. Corporates must submit three signed copies of the loan agreement via an authorised dealer to the Reserve Bank Regional Office, which will allot a loan identification number; primary responsibility for compliance rests with the corporate. Draw-downs are permitted without prior permission but quarterly returns are required; prepayment and foreign currency account use remain subject to Reserve Bank approval.
Disallowance and recovery of Modvat credit on HSD OIL - provisions of section 112 of the Finance (No.10) Act, 2000 - clarification as to whether disputes of credit availed settled under KVSS are recoverable - regarding
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KVSS immunity protects Modvat credit settlements from reopening despite statutory validation of denial of HSD credit.
The issue concerns whether Modvat credit on High Speed Diesel, finally determined under the Kar Vivad Samadhan Scheme, is recoverable after a statutory provision validating denial of such credit; the Chief Commissioner held that KVSS immunity is statutory (not a judicial order) and therefore not reopened by the validating provision, and the Board concurred, directing field formations to treat KVSS settled Modvat cases as protected from recovery.
Filing of returns regarding tax deduction at source/tax collection at source on Computer Media
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Electronic TDS return filing requires prescribed computer media formats, Form 27A and departmental test verification before acceptance.
Procedural and technical rules require persons responsible for TDS/TCS to file returns on computer media only if files conform to prescribed formats, directory structure, record hierarchies and fixed-field conventions; each electronic return must include Form 27A and a virus-free certificate, follow single-return-per-media-unit labeling with sequential numbering where necessary, and may require provision of decompression software if compressed. First-time electronic filers must submit a Test Return for departmental verification and await departmental clearance or otherwise file on paper.
Removal of difficulties to Kisan Credit Cardholders by provisions of section 139(1)(v), first proviso
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Kisan Credit Card exclusion confirms ordinary credit card holders face return-filing rule but Kisan Cardholders are exempt.
Clarification that the return-filing obligation tied to holding a credit card applies to credit cards other than Kisan Credit Cards; because agricultural income is exempt and Kisan Credit Cards are issued on the basis of land holding, the filing requirement in the proviso should not be applied to Kisan Credit Cardholders.
Excisability of Press mud arising during the manufacture of sugar - adjudication of cases
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Excisability of press mud: protective demands advised pending final judicial determination under Rule 57CC on marketability.
Department asserts press mud is excisable under Rule 57CC with a notional duty, while tribunals treat press mud as residual waste not subject to that charge; appeals to the apex court are pending. Officers are instructed to issue protective demands and keep matters in the Call Book pending final judicial determination on excisability and marketability.

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