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Advance Authorization for export of an item which is otherwise prohibited for export
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Advance authorization for prohibited exports allows conditional export subject to pre-import norms and strict penalties.
Advance authorization is permitted for otherwise prohibited export items subject to pre-import conditions under notified SION or prior fixation of norms by the Norms Committee, with import/export only through EDI-enabled ports. Imported inputs are subject to an actual user condition and cannot be transferred for any purpose. Export obligations are time-bound to a fixed Export Obligation Period from import clearance with no extensions; non-fulfilment or shortfall in value addition attracts a penalty multiple on the CIF value plus duty and interest.
Customs - Speedy Assessment of Inbound Postal Articles - reg.
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Speedy assessment of inbound postal articles requires timely consignee response to Call Memos or assessment may proceed.
Details of issued Call Memos for inbound postal consignments are published on the Bangalore Customs website via a "Foreign Post Office Assessment" link where entry of the Foreign Parcel Track (FPT) number displays any Call Memo for that consignment; consignees must furnish the requisite information promptly after posting on the website, and if reply is unduly delayed the department may complete assessment based on departmental documents without further reference to the consignee.
Filing of online return for 2nd quarter of 2013-14 – extension of period thereof in respect of DVAT-48
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Filing deadline extension for quarterly DVAT-48 online returns; final date extended to allow additional time for submission with enclosures.
The Commissioner, invoking Rule 49A of the Delhi Value Added Tax Rules, 2005, extended the last date for online filing of the second-quarter return in Form DVAT-48, along with required enclosures, to 20-11-2013 as a partial modification of the earlier departmental circular.
U/S 144C Income Tax Act 1961 - Modification to Order No. 5/FT&TR/2013 dated 4th November, 2013.
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Dispute Resolution Panel jurisdiction allocations assign eligible assessees to specific DRPs based on headquarters, state and name initials.
The order designates specific Dispute Resolution Panels at Delhi and Mumbai to exercise powers and perform functions under the dispute resolution provisions for eligible assessees, allocating cases by headquarters, state and the initial letters of assessee names to distribute workload and improve DRP functioning, with CBDT chairperson approval.
SECTION 139 OF THE INCOME-TAX ACT, 1961 - DEEMED DEFECTIVE RETURN - E-RETURNS OF A.Y. 2013-14 WHERE UNPAID SELF-ASSESSMENT TAX EXISTS ON THE DATE OF FILING OF RETURN
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Deemed defective return under section 139(9): unpaid self-assessment tax on e-filing requires notice and corrected upload.
Unpaid self-assessment tax at e-filing renders the return a deemed defective return under section 139(9); CPC will identify such returns, issue notices requiring payment and upload of corrected returns via the e-filing "response to notice" facility (with CPC reference/password where applicable), suppressing acknowledgment generation until corrected returns with payment details are received. CPC will forward monthly lists of unrectified cases to jurisdictional AOs for follow-up, and Directorate of Systems will refresh case lists periodically after removals for rectified returns.
Declaration of Details of inputs in the Shipping fills filed under Advance Authorisation/DFIA Scheme – reg.
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Specific input declaration in Shipping Bills required to enable redemption of Advance Authorisation and discharge of export obligation.
Shipping Bills under Advance Authorisation/DFIA must record the specific name/description of each input used when SION permits generic or alternative inputs; the input names endorsed in Shipping Bills must exactly match descriptions in the corresponding Bill of Entry, otherwise the Authorisation will not be redeemed and the inputs will not be allowed at discharge of export obligation.
Delegation of powers vested in Commissioner (VAT)
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Delegation of VAT powers enables designated officers to exercise registration, assessment, refund, inspection, seizure functions subject to rank, supervisory limits.
Delegation under section 68 read with rule 48 empowers designated VAT officers to perform registration, amendment, cancellation, security management, assessment and reassessment, refund adjudication with layered approvals, inspection, search, seizure, custody and release of records and goods, audit authorization (excluding Commissioner's case selection), penalty imposition and recovery functions subject to specified ranks and supervisory review.
Enhancement in registered quantity for export of sugar
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Export registration limit for sugar increased, allowing exporters to register larger contract quantities; online registration remains mandatory.
Enhancement of the export registration limit for sugar permits exporters to seek registration of larger contract quantities per application; this change solely raises the numerical ceiling while all other eligibility criteria and registration conditions remain unchanged. Applications must be filed through the mandated online system in accordance with the applicable Trade Notice, and exporters must continue to follow the existing procedural modalities and documentation requirements for contract registration.
Foreign investment in India - participation by SEBI registered FIIs, QFIs and SEBI registered long term investors in credit enhanced bonds
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Foreign investment in credit-enhanced bonds: SEBI-registered FIIs, QFIs and long-term investors allowed within corporate debt limits.
SEBI-registered FIIs, QFIs and SEBI-registered long-term investors are permitted to invest on a repatriation basis in domestic credit-enhanced bonds issued under the ECB policy, subject to the eligibility, structural and operational conditions for credit enhancement set out in the relevant ECB circulars, and within the aggregate corporate debt investment ceiling; Category-I Authorised Dealer banks must inform their constituents, and the directions are issued under the foreign exchange regulatory statute without affecting other required permissions.
Import of Gold by Nominated Banks /Agencies/Entities
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Export-restricted use of AA/DFIA: gold imports permitted only for export, no domestic diversion allowed under FEMA
Authorisations such as Advance Authorisation and Duty Free Import Authorisation must be used only for import of gold intended for export; diversion for domestic use is prohibited. Sequencing of imports prior to exports will not be insisted upon for authorisations issued before 14 August 2013. SEZ and EoU units and Premier and Star Trading Houses may import gold exclusively for export. Exports fulfilling AA/DFIA obligations do not qualify for the 20:80 scheme. Directions are issued under FEMA.
Foreign Direct Investment in Financial Sector – Transfer of Shares
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Foreign direct investment compliance: NoC filing waived under foreign exchange rules but regulator due diligence remains required.
Transfers of shares in financial sector investee companies from residents to non residents no longer require filing of No Objection Certificate (NoC) with form FC TRS under the Foreign Exchange Management regime; however, any fit and proper/due diligence requirements imposed by the sectoral regulator for the non resident investor must still be observed and complied with.
Allocation of 10,000 MTs of white sugar for the year 2013-14 (October, 2013- September, 2014) for export to EU under CXL Quota.
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CXL concession sugar quota: EU export requires certificate of origin and GSP/EUR endorsement at shipment.
Allocation designates 10,000 metric tonnes of CXL Concessions Sugar for EU export under the Foreign Trade Policy. M/s Indian Sugar Exim Corporation Limited is the designated export agency. Exports must be accompanied by a certificate of origin issued in accordance with Articles 55-65 of Regulation (EEC) No. 2454/93 as required by Article 10 of Regulation (EC) No. 891/2009, with the specified CXL wording on export authorizations. The GSP Certificate and Certificate of Origin are to be issued by the Additional Director General of Foreign Trade, Mumbai, and the EUR form endorsed by Customs at the port.
Filing of online return for 2nd quarter of 2013-14 - extension of period thereof
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Filing deadline extension for online VAT returns: affected high turnover dealers must still pay tax as prescribed.
An administrative extension under Rule 49A allows dealers with specified high gross turnover to file second quarter 2013-14 online returns in Forms DVAT 16 and DVAT 17 with annexures and to submit the hard copy acknowledgement in Form DVAT 56 by newly prescribed dates; the extension affects only filing deadlines and does not alter the obligation to pay tax, which remains governed by section 3(4) of the Delhi Value Added Tax Act, 2004.
Standard Unit Quantity Code (UQC) for each Trariff item.
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Unit Quantity Code requirement: prescribed UQC must be declared; waivers allowed in specified RMS and non RMS cases.
The prescribed single Unit Quantity Code (UQC) under the Customs Tariff Act, 1975 is mandatory and must be correctly declared in Bills of Entry and Shipping Bills; officers must ensure compliance and comprehensive product descriptions to improve EDI data quality. To address practical difficulties-notably in MRP assessments and where statutory UQCs conflict with trade practice-Group AC/DCs may waive UQC for non RMS bills and ACs/DCs (Docks) may waive for RMS bills; for RMS cases requiring UQC change, Docks must return the Bill to the assessment group. Traders must declare the correct UQC and full description initially.
Minutes of the 60th meeting of the SEZ Board of Approval held on 8th November 2013 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals
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Special Economic Zone approvals governed by conditional formal approvals, extensions, de-notifications and staged export obligations.
The Board granted, extended, or withdrew SEZ formal approvals and co-developer statuses subject to land possession, state recommendation, and prescribed lease and financial disclosures; emphasized that lease terms do not determine tax treatment and that assessing officers retain tax-assessment rights. De-notifications and area decreases were approved conditional on DC certificates confirming refund or non-availment of tax benefits, absence or de-bonding of units, and state no-objection. Renewals and extensions of LoPs and formal approvals were permitted with time-limited extensions; recycling units' renewals were conditioned on staged Minimum Physical Export Obligations, restricted import enhancement, and limitation of authorized operations.
Advance Category – I Authorised Dealer Banks
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Advance remittance permission for rough diamond imports allows unlimited prepayments under prescribed conditions.
AD Category I banks may accept unlimited advance remittances without Bank Guarantee or Standby Letter of Credit from eligible importers for import of rough diamonds from specified mining companies, subject to conditions in A.P. (DIR Series) Circular No. 21; related instructions in A.P. Circular No. 59 on import of rough, cut and polished diamonds remain unchanged.
Third party payments for export / import transactions
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Third-party payments for trade permitted under conditions; banks must ensure FATF compliance and documentary safeguards.
AD banks may permit third-party payments for exports if supported by a firm irrevocable order/tripartite agreement, remitted via banking channels from FATF-compliant countries, declared in the EDF, with the exporter responsible for realization and XOS reporting naming the declared third party. For imports, third-party payments are allowed where a firm irrevocable purchase order/tripartite agreement exists, payment is from FATF-compliant countries through banks, invoice and Bill of Entry narrate payment to the named third party, importer complies with import rules, and eligible transactions do not exceed USD 100,000.
Amendment to the β€œIssue of Foreign Currency Convertible Bonds and Ordinary shares (Through Depository Receipt Mechanism) Scheme, 1993”
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Unlisted company overseas issuance of ADRs/GDRs allowed without domestic listing, subject to compliance and reporting conditions.
Unlisted Indian companies are permitted to issue ADRs/GDRs and raise capital abroad without prior or simultaneous domestic listing for an initial two year period, subject to conditions: listing only in IOSCO/FATF compliant or SEBI partner jurisdictions; compliance with sectoral caps, entry routes, minimum capitalisation and FDI pricing norms; upfront determination of ADR/GDR-to-equity ratios and pricing under Schedule 1 of FEMA Notification No.20; adherence to downstream investment instructions; limited permitted uses of funds abroad; repatriation and parking requirements if funds are not used abroad; and specified FEMA reporting obligations.
Exemption from payment of SAD to parts, components and accessories etc. of Mobile Handsets under Notification No. 21/2012-Cus, dated 17/03/2012-reg.
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SAD exemption for mobile handset components allowed when existing BCD/CVD concession certificate is produced at import.
SAD exemption for parts, components and accessories imported for manufacture of mobile handsets may be allowed at port on the basis of the registration and certificate issued by the jurisdictional central excise authorities for claiming BCD/CVD exemption, without requiring a separate SAD-specific registration or certificate; customs should accept the existing certificate relied on for BCD/CVD concession when SAD exemption is claimed under the general provision for goods exempt from BCD and CVD.
Declaration As A Notified Jurisdictional Area Under Section 94A of The Income Tax Act, 1961 – Clarification Provided By Ministry of Finance, Government of Cyprus.
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Notified jurisdictional area designation prompts bilateral consultations to clarify information exchange and review treaty obligations.
Designation of Cyprus as a notified jurisdictional area followed from a decision by the other State citing perceived inadequacy of information provided under the existing double tax treaty; the treaty has not been terminated. Cyprus commits to resolve discrepancies through direct consultations between the competent authorities and to pursue negotiations to finalise a review of the double tax treaty and clarify information-exchange concerns affecting businesses.

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