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Circulars
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Amends earlier Order dated 24-08-2007
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Customs amendment removes specific tariff entries from a prior Order, altering administrative applicability under the customs notification.
Amendment deletes specified entries from the table in the Order dated 24-08-2007: serial numbers 37, 51, 52, 69 and 70 are removed, modifying the operative schedule of that Order under the Board's notification powers and altering the set of tariff/classification references that remain effective.
Drawback on supplies made by DTA units to SEZ, issue of drawback cheque books by jurisdictional Commissioner of Customs to Central Excise Commissionerates-reg.
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Drawback disbursement authority expanded: Central Excise Commissioners may authorize divisions to issue drawback and use PAO chequebooks.
Commissioners of Central Excise or Customs & Central Excise may authorize Deputy/Assistant Commissioners of Central Excise in their divisions to disburse drawback to DTA units against disclaimers issued by SEZ units/developers; the cheque book issued by the Pay & Accounts Officer to the Central Excise Division for refunds may be used for drawback payments and the accounting procedure prescribed by the Principal CCA - including separate Lists of Payment and separate accounting heads - must be followed.
Establishment of Connectivity with both depositories NSDL and CDSL –Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement
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Dematerialisation requirement enables shift from trade-for-trade to rolling settlement when majority holdings are in demat form.
Shifting securities from Trade for Trade Settlement to normal Rolling Settlement is conditioned on companies having established connectivity with both depositories and on at least 50% of other than promoter holdings being dematerialised, certified by the Registrar and Transfer Agent or, if none, by a practicing company secretary or chartered accountant; exchanges must ensure no other grounds for TFTS continuation and report actions to SEBI.
Adjudication/appeal proceedings in SCNs related to Audit Paras.
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Audit objection procedure: issue and preserve show cause notices and coordinate revised ATNs pending audit settlement.
Admitted audit objections require immediate issuance of show cause notices; contested objections must have protective SCNs retained in the call book pending CAG settlement. SCNs based on admitted objections must be adjudicated promptly, but if found unsustainable the Commissioner must refer the matter to Commissioner (PAC) for consideration of revised recommendations and transmission of revised ATN to the C&AG while the case is held in call book. If an appellate order sets aside a confirmed SCN, a reasoned proposal to Commissioner (PAC) recommending a revised ATN should precede acceptance, with concurrent appeal preparations.
Filing Offer Documents under SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009
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Filing requirement for draft offer documents now mandates regional filing for smaller issues and central filing for larger issues.
SEBI requires draft offer documents to be filed with the SEBI regional office corresponding to the issuer's registered office for issues up to the specified threshold, while issues above that threshold must be filed at SEBI Bhavan (Head Office). Merchant bankers must file five copies of the draft offer documents or offer documents with the designated office. The instruction is issued under Section 11 read with Section 11A of the Securities and Exchange Board of India Act, 1992.
Exim Bank's Line of Credit of USD 21.80 million to the Government of the Islamic Republic of Mauritania
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Line of Credit requirements specify Indian-sourced content and compliance, and prescribe documentation and commission rules.
The Exim Bank Line of Credit to Mauritania finances designated potable water and agriculture projects; eligible exports must comply with India's Foreign Trade Policy, require a minimum of 85 per cent Indian-sourced supply (15 per cent from outside India permitted excluding consultancy), and observe specified effective dates and separate time-limits for opening Letters of Credit and disbursement for project and supply contracts.
Exim Bank's Line of Credit of USD 21.72 million to the Government of the Republic of Ghana
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Line of Credit for Ghana conditions India-sourced supply, shipment declarations, and restricted commission payment under regulatory directions.
Exim Bank extended a Line of Credit to Ghana to finance eligible India-origin goods, services and consultancy for specified projects and supply contracts, requiring a substantial India-sourced share of contract value, distinct timelines for Letters of Credit and disbursement by contract type, mandatory declaration of shipments on GR/SDF forms, prohibition of agency commission under the LOC subject to permitted remittance from exporter funds or EEFC balances after full payment, and duties on Category I Authorised Dealer banks to notify exporters and facilitate compliant remittances, with directions issued under regulatory powers without prejudice to other statutory permissions.
Amendment of DEPB entry Sl. No. 434 & 525 of the Product Group "Chemicals" (Product Code: 62)
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DEPB entry deletion: duplicate refined glycerine entry removed and a single entry retained with unchanged rate.
Amendment to the Schedule of DEPB Rates deletes the DEPB entry at Sl. No. 434 for Refined Glycerine and retains the entry at Sl. No. 525 with no change to its DEPB rate, consolidating duplicate entries for the Product Group "Chemicals" under the Foreign Trade Policy.
Applications Supported by Blocked Amount (ASBA) facility in public issues
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ASBA facility: syndicate members may submit investor ASBA forms to SCSBs with commission and processing fee rules.
ASBA facility permits syndicate and sub-syndicate members to procure investor ASBA forms and submit them to SCSBs after uploading bid details on the stock exchanges' bidding platform; SCSBs will verify signatures, block funds and forward forms to the registrar. Syndicate members are entitled to selling commission for procured ASBA forms; SCSBs receive a per-form processing fee only for ASBA forms submitted to them by syndicate/sub-syndicate members, while SCSBs procuring forms directly receive selling commission only. Merchant bankers must disclose the range of SCSB processing fees in the offer document.
Scrutiny of ST-3 Returns
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Scrutiny of ST-3 Returns requires mandatory detailed reporting and age-wise breakdown in monthly returns for compliance verification.
Mandate for enhanced scrutiny of ST-3 Returns as a core compliance verification measure, relying on the Manual for Scrutiny of Service Tax Returns. Commissioners must report monthly progress in Annexure-XII-B of the MTR in a prescribed format recording opening balance, receipts, disposals, closing balance, total returns scrutinized, detections of short payment, service tax involved, additional revenue collected, and age-wise breakup (3-6 months, 6-12 months, over 1 year); effective from the MTR for September 2010.
Amendment of DEPB entry Sl. No. 1 of the Product Group "Fish & Fish Products" (Product Code: 66)
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DEPB product classification amended to separate live/chilled and dried fish forms, retaining existing duty credit rates.
The DEPB Schedule for Fish & Fish Products is amended to split the earlier single entry into Entry 1A for live or chilled forms (no value cap) and Entry 1B for dried forms (value cap of 131/- per Kg); the DEPB rate itself is unchanged and the amendment aims solely to clarify product description and apply the existing value cap only to dried products.
Additional Port of Registration under E.P. Schemes
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Port of Registration added: new seaport and inland container depot registrations permitted under foreign trade policy.
Amendment to the Handbook of Procedures adds specified entries to the lists of seaports and inland container depots in paragraph 4.19 concerning Port of Registration, under powers conferred by the Foreign Trade Policy, thereby expanding locations for registration under export promotion schemes.
Monthly reporting by Portfolio Managers
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Portfolio managers must upload revised monthly portfolio reports with client, asset and complaints data by the 5th of each following month.
Portfolio managers must upload the revised standardized monthly report on portfolio management activity by the 5th of the following month, using the prescribed format that covers discretionary, non-discretionary and advisory services with client and asset breakdowns, monthly quantitative indicators (gross sales, gross purchases, portfolio turnover, weighted average performance, assets managed for specified funds) and a separate monthly complaints schedule tracking opening, received, resolved and closing complaints by client category.
Goods Imported under ATA Carnet are Exempted from Payment of Duty
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ATA Carnet duty exemption: centralized register and re-export proof required within prescribed time to avoid duty recovery.
Imports under ATA Carnet enjoy a duty exemption under Notification No. 157/1990-Cus provided proof of re-export is furnished within the prescribed period; failure to submit proof within six months permits recovery of customs duty as of the date of import. All ATA Carnet imports must be entered in a centralized register maintained by DC/Docks (Admn.) with the register serial number noted on the Carnet BE retained at the CFS, and forwarded to DC/Docks (Admn.) for monitoring closure within the notification's time limit.
Regarding Policy circular 52 dated 06.01.2009
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Ozone Depleting Substance declaration required for advance authorisation/DFIA applications; submit prescribed annexure immediately.
Applicants for advance authorisation or Duty Free Import Authorisation (DFIA) must submit a signed annexure declaration with their application stating that none of the inputs in the application are Ozone Depleting Substance (ODS), with prescribed applicant particulars, signature and date, as required under the cited policy circular.
Clarification on the procedure to re-credit 4% Special Additional Duty (SAD) of Customs in DEPB, VKGUY, FPS, FMS, MLFPS scrips - regarding
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Revalidation of duty credit scrips: re-credited special additional duty remains valid from endorsement or original expiry to enable utilization.
Where a duty credit scrip is re-credited with Special Additional Duty, Regional Authorities shall endorse the scrip and the re-credited scrips shall carry validity for six months from the date of endorsement or retain the original validity of the scrip, whichever is later; this revalidation applies irrespective of whether the scrip had expired on or before submission to the RA.
Procedure to be followed for granting of single Factory Stuffing Permission (LoFSP) valid for all Customs Houses
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Factory stuffing permissions now valid across all customs stations subject to prescribed disclosures and verification.
A single Letter of Factory Stuffing Permission (LoFSP) issued by JNCH is valid at all customs stations subject to safeguards: exporters must submit lists of intended customs stations, disclose status of other LoFSPs and any adverse cases, and surrender originals if pre existing. Each LoFSP will carry a unique serial number, be published on the customs website for verification, and LoFSPs issued elsewhere will undergo one time authenticity verification at JNCH within seven days before endorsement for subsequent clearances.
Review of Securities Lending and Borrowing (SLB) Framework
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Dividend recovery in securities lending requires borrowers to reimburse dividends, and exchanges must update rules and report compliance.
The SLB framework is amended to require the dividend amount on book closure/record date to be calculated and recovered from the borrower and passed to the lender. Exchanges must amend bye laws and rules, notify member brokers and clearing members, disseminate the change on their websites, and report implementation status in the Monthly Development Report; other prior SLB and short selling provisions remain applicable.
Drawback claim under Section 75 of the Customs Act, 1962 – Reg.
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Drawback claim procedure under customs law: manual shipping bills require prescribed filings and documentary compliance to qualify.
Due to ICES migration, exporters who used manual shipping bills must file a triplicate drawback claim (Annexure I) within three months from the Let Export Order, with a possible further three month extension for sufficient cause. Claims must include the prescribed documentary requirements (pre receipt, triplicate shipping bill, bank certified invoice, packing list, bill of lading/airway bill, ARE 1 where applicable, insurance/test certificates, declarations on CENVAT/rebate, and bank realization certificate). Incomplete claims are returned with a deficiency memo within ten working days and, if complied with within thirty days, are treated as filed.
Appoints Common Adjudicating Authority
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Common Adjudicating Authority appointed; show cause notice reassigned for adjudication under delegated Customs Act powers.
The Board, invoking notifications under subsection (1) of section 4 of the Customs Act, assigns a specified show cause notice to the Commissioner of Central Excise (Adjudication) as the Common Adjudicating Authority, effecting an administrative reassignment that centralises adjudicatory responsibility and authorises the designated office to proceed with statutory adjudication.

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