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Circulars
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Extension of benefit of Notification 21/2002-Cus., dated 1.3.2002, Sl.No. 276, to Computer Casing and Power Supply Unit imported together-reg
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Use of Rule 2(a) limited: cannot be used to deny notification benefits unless exemption depends on classification.
The Department clarifies that goods must be classified in the form presented and that Rule 2(a) of the General Rules of Interpretation may be used for tariff classification but not for the sole purpose of denying or allowing benefit of an exemption notification unless the notification is explicitly based on classification under a particular heading; pending assessments should be finalized accordingly.
Nil - 30-09-2005 Income Tax
Order under section 119 : Non-levy of penalty on delayed furnishing of Annual Information Return under section 285BA of the Income-tax Act
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Non-levy of penalty for delayed Annual Information Return filings where returns for the specified year are furnished by cutoff.
The Central Board of Direct Taxes directed that no penalty under section 271FA shall be levied where the Annual Information Return under section 285BA for specified financial transactions recorded during financial year 2004-2005 is furnished on or before 30 November 2005, and that this instruction be brought to the notice of all officers in the region.
Import of metal scrap from Bandar Abbas, Iran- regarding
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Import restriction on metal scrap: only shredded consignments from specified ports permitted; vigilance urged against diversion.
Imports of metal scrap are permitted only in shredded form from ports listed in Annexure II to Appendix V of the DGFT Handbook; Bandar Abbas is the lone listed port and is treated as a sensitive port due to past detections of explosives and arms in scrap consignments. Customs formations are instructed to watch consignments from nearby ports for diversion, enforce the shredded scrap requirement, undertake security screening and send feedback to the Board.
033 - 30-09-2005 VAT - Delhi
Regarding Security
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Security for VAT registration: combined existing guarantee undertaking and additional guarantee satisfy statutory security requirement.
The circular clarifies that if a deemed registered dealer has an existing bank guarantee or personal surety for an amount below the prescribed security threshold, submission of an undertaking from that surety or bank together with an additional bank guarantee or personal surety for the deficient amount will be treated as sufficient compliance with the statutory security requirement under the VAT rules, and that the prescribed security may be reduced on production of specified documents.
Warehousing - Waiver of interest on re-export of warehoused goods u/s 69 of the Customs Act, 1962 – Clarification thereto – regarding –
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Waiver of interest: interest is accessory to the principal, so re-exported warehoused goods are no longer eligible for waiver.
The Board adopts the principle that interest is accessory to the principal and has no independent existence, removing warehoused goods subsequently re-exported from the list of cases eligible for interest waiver; paragraph 2(xii) of the 1993 guidelines is deleted and waiver-consideration timings for the remaining eligible categories are revised, with two later-added categories renumbered and all other guidelines left unaltered.
Correction in the Public Notice No. 27 (RE-2005)/2004-2009, dated 14th July, 2005
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Correction to public notice: term "Antibagar" replaced by "Ainbagar" under delegated trade policy authority.
Director General of Foreign Trade directs that the word "Antibagar" in Para 2 and Para 5(c) of Public Notice No. 27 (RE-2005)/2004-2009 be corrected to "Ainbagar" under powers conferred by paragraph 2.4 of the Foreign Trade Policy, 2004-2009, issued in the public interest.
Issue of IEC
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Importer-Exporter Code issuance: printed application form and provisional receipt streamline IEC applications processing at counter
Grant of Importer-Exporter Code numbers is facilitated by a printed Aayaat Niryaat Form available at the Delhi Exporters Association counter; the form contains applicant guidelines, a checklist of annexures and a printed yellow receipt issued across the counter as provisional evidence of application filing, obviating the need to wait for a computerized receipt and expediting IEC submissions.
Import of Aircraft on Operating Lease - Security Deposits
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Security deposit remittance for aircraft operating leases allowed without standby guarantees, subject to bank, regulatory and maturity conditions.
Authorised Dealer banks may permit remittance of security deposits to lessors for import of aircraft on operating lease without standby letters of credit or guarantees, subject to the AD's satisfaction of bona fides, requisite civil aviation approvals, bank board policy or specific board approval for advance remittances, and a maturity date not later than the last lease instalment or date of aircraft return; deposits may be adjusted against rentals and any balance repatriated before lease expiry. Public sector or government lessees may remit above the private ceiling only with the same conditions and a Ministry of Finance waiver of bank guarantee.
Investment in ADRs/GDRs/foreign securities by Mutual Funds
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Mutual fund disclosure: prior unitholder notice and public advertisement required before first investment in ADRs/GDRs or foreign securities.
Where a scheme's offer document did not disclose investment in ADRs/GDRs/foreign securities, the asset management company must, prior to the first such investment, send a written communication to each unitholder and advertise in one English national daily plus a regional-language newspaper; the communication must disclose the risk factors of those investments. Schemes that have already disclosed such investment permission in the offer document are exempt, and all other conditions in earlier circulars remain unchanged.
Permission to Indian Nationals undertaking visit abroad to buy goods from duty free shops at International Airports at India in Indian Rupees- regarding
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Duty-free purchase permission in Indian currency allows limited purchases by departing nationals subject to ID verification and record checks.
Indian nationals departing on foreign visits may purchase goods from international airport duty free shops in Indian currency up to a specified per-passenger limit only on production of passport or travel documents; duty free shops must maintain records of such sales in Indian currency subject to random checks to prevent misuse, and wide publicity of the permission is required with implementation difficulties to be reported to the Board.
Creation of a Centralized CHA Directory - regarding
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PAN as Unique Identifier: centralized CHA directory requires PAN-based registration for agents to operate across ICES locations.
A centralized PAN-based CHA directory will replace non-unique local registration numbers: verified CHA particulars (including self-attested PAN and license copies and ICES registration particulars) must be submitted at the designated Service Centre, checked by the Service Centre and the CHA Section, and then loaded onto a central server for replication to all ICES locations; PAN will be the compulsory unique CHA identifier and failure to update will prevent use of prior registration numbers.
iCERT Digital Signature Certificate for transactions through ICEGATE – Reg.
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Digital Signature Requirement: ICEGATE filings must use Class Three certificates issued by iCERT to enable secure electronic transactions.
All shipping bills and bills of entry filed through ICEGATE must be digitally signed and authenticated with Class Three Digital Signature Certificates issued by iCERT; subscribers must register electronically on the iCERT website, undergo jurisdictional verification and receive certificates by e-mail, with a one-time subscription for two-year validity and temporary waiver of fees during the current financial year.
Submission of Advance Licence application for import of components on net to net basis/ packaging materials- reg.
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Advance licence applications: select 'Component NTN Packaging' in DES to import components and packaging materials.
Advance Licence applications for import of components and packaging materials must be submitted by selecting the DES menu option Component NTN Packaging, as instructed in the Trade Notice issued by the Zonal office to standardise filing for such applications.
Denotifying certain banks for collection of VAT/ST/CST dues
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Denotification of banks as tax collection agents requires remittance to central bank and compliance with data transmission guidelines.
Denotification of specified banks as authorised treasuries for collection of VAT/ST/CST/Works Contract Tax from dealers under the Delhi VAT Act is ordered effective 30.9.2005; denotified banks must remit collected taxes to the Reserve Bank of India before 30.9.2005 to prevent revenue loss. The Reserve Bank of India is directed not to accept remittances from these banks after 30.9.2005 without departmental permission and is requested to implement electronic data transmission guidelines for tax collections and reporting.
Amendments to the SEBI (Disclosure and Investor Protection) {DIP} Guidelines, 2000
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Allocation to mutual funds within QIBs fixed; proportionate allotment and margin requirements updated for book-building issues.
Amendments require that a specified portion of the allocation available to qualified institutional buyers be reserved for mutual funds and that allotment across QIBs be made on a proportionate basis, with an illustrative schedule demonstrating allocation mechanics. The lead book runner may reject QIB bids only at bid acceptance with written reasons disclosed to bidders and in the offer document. Brokers/syndicate members must collect a margin at application stage for QIB bids. References to issue-size are replaced with allocations based on the net offer to public.
Establishment of connectivity with both NSDL and CDSL- Shifting from Trade for Trade Segment (TFTS) to Rolling Segment
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Depository connectivity: shift scrips from Trade-for-Trade to Rolling Segment upon dual depository linkage and report actions.
Where companies listed in Annexure A have established connectivity with both depositories on or before the cutoff, stock exchanges shall shift those scrips from the Trade-for-Trade segment to the Rolling Segment from the eligible date specified for each scrip, provided there are no other grounds to retain them in TFTS; exchanges must report the action taken in the Monthly Development Report (Section II, item no. 13) for October.
Newsprint Control (Amendment) Order, 2005
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Newsprint control amendment adds an indigenous mill to the authorized manufacturers list upon Gazette notification.
The Central Government amends the Newsprint Control Order, 2004 by adding an entry in the Schedule designating M/s. Surya Chandra Paper Mills Limited, Mandapeta, District East Godavari, Andhra Pradesh, as an authorized indigenous newsprint mill; the Newsprint Control (Amendment) Order, 2005 takes effect on publication in the Official Gazette and references prior amendments to the principal Order.
Amendments / additions / deletions in SION
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SION amendments revise input norms for polyester products and delete specified SION entries, altering export-import input requirements.
The Public Notice amends the Handbook of Procedures by deleting specified SION entries and revising SION A-3016 to add Formers as item No.7 with mandatory declaration of individual Former quantities in export documents and renumber packing material as item No.8. It also revises input-output norms for polyester-related plastic products, specifying updated import quantities of raw materials and additives per unit of export for listed SION entries.
Amendments / additions in DEPB rate list
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DEPB rate amendments update export incentive entries and product descriptions, specifying new rates and value caps for certain exports.
Additions and amendments to the Schedule of DEPB rates add a new Engineering entry for hermetically sealed compressor pump kit assemblies with a DEPB rate and value cap, amend two engineering product descriptions to clarify brass sanitary fittings and specified thin walled engine bearings, insert three Chemical entries including trichloro carbanilide, cheque security papers, and potassium chlorate with DEPB rates, and amend a Textiles entry to specify viscose polyamide blended/twisted yarn, issued under the Foreign Trade Policy and Handbook of Procedures authority.
Amendments in the Handbook of Procedures(Vol. I) 2004-09
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Import of scrap restricted to shredded consignments from specified ports, permitting entry only from listed ports.
Amendment to Para 2.32 requires that import of scrap be allowed only in shredded form, and Annexure II to Appendix V designates the ports of shipment from which shredded metallic scrap will be accepted, listing Bandar Abbas as a permitted port.

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