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Circulars
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Amendments/modifications & additions in SION
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Standard Input Output Norms amendments expand and correct SION entries, adding chemical, plastic, textile, food and miscellaneous inputs.
The Director General of Foreign Trade, invoking Paragraph 4.11 of the Export and Import Policy, amends the Handbook of Procedures, Vol.2 by correcting, substituting, deleting and adding Standard Input Output Norms (SION). Annexure A records detailed corrections to existing SION entries including revised export/import descriptions, substituted input norms and amended footnotes; Annexures B-F add new SION entries for chemicals, food, plastics, textiles and miscellaneous products, specifying allowed input items and quantitative input output ratios or applicable notes.
Amendments in the H.B. of procedures Vol. I
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Electronic filing of export licences expedites issuance for status and green card holders, with accelerated processing for others.
Electronic filing under the Duty Exemption Scheme is made available to all exporters via the DGFT website; deficiencies will be notified online but applicants must submit hard copies and fees. Licences for status holders and green card holders are to be issued within twenty four hours on receipt of required hard copies, while licences for other exporters are to be issued within three working days. EDI-filed applications by status and green card holders are recorded for one working day disposal in the time bound schedule.
Specification of quantitative ceiling on export of Wheat & Wheat products for Licensing Year 2000-2001
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Export ceiling on wheat set; wheat products exempted and APEDA authorised to issue Registration-cum-Allocation Certificates.
The notice, exercising powers under Paragraph 4.11 of the Export and Import Policy, fixes a quantitative ceiling on export of wheat for the licensing year, permits export of wheat products without a quantitative ceiling, and designates APEDA to issue Registration-cum-Allocation Certificates to implement allocations under that ceiling.
Amendments in the H.B. of procedures Vol. I
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Issuance of duplicate Green Card allows duplicate on affidavit and updates DEPB rates and related appendices.
Issuance of duplicate Green Card is permitted on an affidavit when the original is lost or misplaced. Re-fixation of average export obligation mandates exclusion of exports to former USSR and other notified countries, reducing previously fixed average obligations. The DEPB Schedule (Appendix 28A) is amended to add and correct product entries, DEPB rates and value caps for specified engineering, chemical and electronics items. Appendices are updated to add the Jute Manufacturers Development Council, specified international agencies for deemed export benefits, amendments to the DTA sale application form for EOU/EPZ units, and additions to Appendix-51B including national organisations and a state chamber listing.
Forwarding of EPCG applications by RLAs to HQ for nexus fixation
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Nexus fixation for EPCG applications: RLAs need not forward listed capital goods cases to HQ; only non-listed items referred.
RLAs need not forward EPCG applications to Headquarters for nexus approval when capital goods are covered by the notified lists for Hotel, Textile and Garment and other sectors; such licences may be issued within RLA financial limits and previously referred cases on the list should be regularised. Only capital goods not covered by the lists must be specifically referred to Headquarters with a clear forwarding reference for nexus fixation.
Demand — limitation - in case of violation of post importation condition
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Continuing obligation breach triggers fresh limitation periods for post-importation duty demands under customs exemption rules.
Breach of post importation conditions imposes a duty liability when the continuing obligation is not met; each day of breach starts a new limitation period, so authorities should issue show cause notices relying on the exemption notification conditions themselves where the normal one year limitation under Section 28(1)(a) has expired. Subsequent legal changes favoring exemption do not confer retrospective benefit on earlier imports.
Administrative Control over Export Oriented Units (EOUs)/Export Processing Zones - Instructions regarding
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Administrative control over Export Oriented Units shifts to jurisdictional Central Excise or Customs authorities based on location.
Administrative control over Export Oriented Units is allocated by location: EOUs outside municipal limits of port cities shall be handled by the jurisdictional Commissioner of Central Excise; EOUs within port municipal limits shall be handled by the jurisdictional Commissioner of Customs, Seaport. Existing administrative arrangements for Export Processing Zones continue with Commissioners of Customs, and new EPZs and Special Economic Zones will be under the jurisdictional Commissioner of Customs. These instructions supersede earlier ones and implementation difficulties are to be reported to the Board.
Classification — CD writer - provisionally under heading 8471.70 of CTA, 1975
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Tariff classification: CD-writer provisionally under sub-heading 8471.70; assessors to take a simple bond pending WCO guidance.
Customs Houses must provisionally assess CD-writers under sub-heading 8471.70 and take a simple bond for the differential duty pending reference to the WCO; collectors should report any difficulties to the Board.
Foreign Flag Vessel — leaving India beyond 12 nautical miles -licence/permission not required - Circular No 53/99-Cus amended
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Foreign flag vessel licensing exemption clarified - no coasting-trade permits required for departures beyond territorial waters.
Foreign flag vessels proceeding from any Indian port to destinations beyond the territorial waters of India do not require licences or permissions under the Marine Shipping Act's coasting-trade licensing provisions; the Board has modified its prior Circular to remove the licensing obligation for such departures and directed issuance of public notices and reporting of implementation difficulties.
Instructions regarding CENVAT
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CENVAT credit clarified: supplementary invoices, job worker receipts, transitional and SED credit eligibility affirmed for manufacturers under amended rules.
Supplementary invoices issued after provisional assessment are eligible documents for CENVAT credit where additional duty is recovered. Rule 57AB(1) now permits credit for inputs sent to job workers when returned with documents evidencing duty under rule 57AE(1). SSI units (and other assessees) beginning to pay duty after an exemption embargo may claim credit on inputs in stock, inputs in finished goods, and inputs in process with documentary quantification. Transitional credit earned before 1.4.2000 may be claimed under rule 57AG(1), timing of immediate entry is not mandatory, and specified SED credits and project import limits are addressed.
The present guidelines provide for approval under the automatic route for all foreign direct investment proposals relating to the Information Technology sector, with the exception of Business-to-consumer (B2C) e-commerce
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FDI automatic approval for IT sector excluding B2C e commerce, prior joint venture and technology transfer bar now waived.
FDI proposals in the Information Technology sector (excluding B2C e commerce) qualify for the automatic route; the prior bar in Clause 1(1) of Press Note 18 disqualifying applicants with earlier joint ventures or technology transfer/trademark agreements in the same or allied fields is waived for IT sector proposals, enabling immediate automatic approval for FDI and technology collaboration.
Service Tax — Communication of new address of Directorate
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Change of Service Tax Directorate address: future correspondence must be sent to the relocated Mumbai office and contacts.
Change of address for the Directorate of Service Tax, Mumbai: the Directorate has relocated to 9th Floor, Piramal Chambers, Jijibhoy Lane, Lalbagh, Parel, Mumbai, with new telephone and fax contact points. All future correspondence to the Directorate should be sent to the new office address and numbers.
Service Tax — Communication of new address of Directorate
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Service tax directorate relocation: future correspondence must be sent to the new Mumbai address and contact details.
The Directorate of Service Tax has been relocated to the 9th floor of Piramal Chambers, Parel, Mumbai, with effect from 17-8-2000; the Trade Notice provides the new postal address and telephone and fax contact points and directs that all future official correspondence to the Directorate be made at the new address.
Duty Drawback on Silk Carpets and Synthetic Carpets – regarding
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Duty drawback classification for carpets requires expert panels to resolve material disputes and expedite drawback disbursal.
Separate drawback rates and caps for woollen, silk and synthetic floor coverings complicate verification by visual examination or sampling, delaying consignments and drawback claims. Field formations are directed to constitute Expert Panels of textile specialists from the Department and Export Promotion Councils/trade to resolve doubtful cases and expedite fool proof examination and disbursal of drawback while safeguarding revenue.
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 for fortnightly and monthly duty payments, restricting credit to balance as on cutoff dates.
The circular prescribes a new RT-12 return and clarifies that while duty for fortnightly (or monthly for SSI) clearances may be paid by specified due dates, CENVAT credit utilisation for discharging that duty is restricted to the credit balance as on fixed cutoffs (15th day for the first fortnight; last day of month for the second fortnight), excluding credits accrued after those cutoffs. Assessees must submit detailed monthly credit statements segregated by fortnight, PLA extracts and supporting calculations to enable reconciliation and prevent inadmissible credit use.
Classification of various products under ITC(HS) Classifications of Exports & Imports Items (1997-2002) - Clarification regarding
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Classification under ITC(HS): clarifications assign tariff codes and conditional treatment for specified export import products.
The Directorate General of Foreign Trade clarified classification of specified products under the ITC(HS) schedule after committee review, assigning Exim codes and stating applicable conditions such as ITC(HS) entry conditions, predominance of plant material, and application of chapter notes; examples include crude mineral-origin drugs, aloe preparations, abrasive backing cloth versus finished abrasive cloth, transdermal medical patches, photocopy paper for industrial reproduction, plastic agglomerates, UV curing systems, vehicle chassis, marine mooring equipment, and racket grips.
Corrigendum to Circular no. SMDRP/POLICY/CIR-32/2000 dated July 27, 2000
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Incremental Carry Forward Margin revised for excessive carry forward positions under Modified Carry Forward System, higher slab rates apply.
Incremental Carry Forward Margin (ICFM) is levied in addition to carry forward margin when carry forward positions exceed specified thresholds; ICFM is charged at the higher of two rate schedules-one by Net Outstanding Market Position bands and one by Carry Forward Net Position percentage bands-so that progressively higher rates apply with larger absolute or percentage positions, and other provisions of the original circular remain unchanged.
Corrigendum to Circular no. SMDRP/POLICY/CIR-31/2000 dated July 27, 2000.
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Incremental ALBM Margin: higher additional margins apply when ALBM positions breach thresholds; other exchanges must mirror the levy.
The corrigendum prescribes an Incremental ALBM Margin: when an exchange's ALBM position in a scrip exceeds specified market-position or deferred-net-position parameters, an additional margin must be levied in addition to the ALBM margin, charged at the higher of the two rates set by reference to net outstanding market position bands and deferred net position percentages. Positions of pure securities borrowers are excluded where collateral is held with the clearing house. An incremental margin imposed by one exchange will be followed by other exchanges with ALBM or MCFS from the next settlement.
Withdrawal of circulars on striking off names of defunct companies from register till further orders
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Section 560 compliance: prior circulars withdrawn; companies must file all statutory financial statements before name striking off.
Companies applying for striking off under the Company Law Settlement Scheme, 2000 must file all balance sheets and profit and loss accounts as required by Section 560 to enable assessment of obligations to depositors, banks, financial institutions and statutory authorities; earlier departmental circulars permitting striking off without such full filings are withdrawn until further orders.
Foreign Exchange Management Act, 1999
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Foreign exchange import controls require authorised dealers to verify licences, documentation, and reporting for compliant remittances.
Directions require authorised dealers to follow DGFT import policy and RBI directions when selling foreign exchange or transferring rupees for imports, observe normal banking procedures for letters of credit, obtain prescribed undertakings or tax clearance for payments relating to services and drawings and designs, verify import licences and Form A1 applications, and ensure documentary evidence of import for transactions above prescribed thresholds. Rules govern advance remittances, endorsement and retention of exchange control copies, time limits on settlement and interest treatment, and reporting and preservation of import documentation.

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