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Circulars
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Retrospective validation of action taken under Section 11A of Central Excise Act, 1944, under Finance Act 2000
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Retrospective validation protects past excise recovery actions, permitting recovery where prior judicial rulings had barred it.
Retrospective validation legitimises excise recovery actions back to 17 November 1980, overriding prior judicial impediments and covering demands previously held time barred due to approved classification or price lists, provided notices were issued within the retrospective temporal scope; finalized matters require notices referencing the amendment and pending appeals should be met with affidavits drawing attention to the retrospective provision so adjudication proceeds under the amended law.
Condition on import of textile and textile articles as per paragraph 11 of Notification no.3 (RE-2001)/ 1997-2002 dt. 31st March, 2001
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Condition on import of textile articles exempted for items brought in exclusively for export production under specified export provisions.
The import condition on textile and textile articles in paragraph 11 is not applicable to imports made under the export facilitation provisions of the Handbook of Procedures and to imports admitted under the customs notification provision permitting duty-free import by bona fide exporters; exempted items include labels, price tags, printed bags, stickers and similar articles imported for export production without a licence.
Simplified procedure for clearance and examination of export & import cargo - extension of working hours - reg
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Extended customs working hours expand cargo clearance shift coverage to facilitate longer daily import and export processing.
The Board mandates extension of customs clearance hours by introducing two weekday shifts and one holiday shift at designated Air Cargo Complexes for sections handling assessment, examination and clearance of import and export goods, while other sections continue existing hours; Commissioners will decide staff deployment locally, nominate a monitoring officer, and submit monthly reports to the Board detailing shift arrangements, submission patterns and revenue collection.
Associates in relation to a stock broker
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Associate definition for stock brokers clarifies control and substantial shareholding thresholds, and empowers exchanges to act against associates.
SEBI defines 'associate' of a stock broker to include persons who directly or indirectly exercise control over the broker or are controlled by the broker, persons holding a substantial shareholding in the broker, and persons whose director or partner is also a director or partner of the broker; the term 'control' is to be read as per clause (c) of Regulation 2 of the relevant substantial acquisition and takeovers regulation, and member exchanges are to decide any action against such associates after examining relevant facts.
Classification/ Excisability of slagwool, rockwool and similar mineral wool - Regarding.
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Product classification: slagwool and rockwool classed under mineral wool heading despite substantial blast slag content, clarified by tax circular.
The Board clarifies that goods known or marketed as slagwool, rockwool and similar mineral wool are appropriately classifiable under heading 68.03 even if they contain more than 25% by weight of blast furnace slag, based on the Conference finding that these products are produced from blast furnace slag and sold as bulk or sheets, and the Conference recommendation that the specific mineral wool tariff entry is the appropriate classification.
Amendments in regularisation procedure for Advance Licences and DEPB Rate list amendments
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Regularisation of advance licences requires customs duty, interest and specified deposits when export obligations are short in quantity or value.
Revised regularisation under the Export and Import Policy 1997-2002 requires payment of customs duty with interest on unutilised imported material and deposits into the designated Head Account where export obligations fall short in quantity or value; deposits must, when multiplied and combined with realised FOB, satisfy minimum or positive value addition requirements. Earlier 1992-97 licences follow their governing procedures but must submit bank realisation certificates and face the same deposit mechanism for insufficient value addition. Administrative changes include a fee for lost shipping bills, DEPB rate list amendments with value caps and blended textiles guidance, and addition of an authorised Certificate of Origin issuer.
15/2001 - 14-09-2001 Companies Law
Circulation copy of Notification S.O. 841(E) - Constitution of an Advisory Committee to be called the National Advisory Committee on Accounting Standards
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Constitution of National Advisory Committee on Accounting Standards announced; officials instructed to circulate and act accordingly.
Constitution of a National Advisory Committee on Accounting Standards is notified by S.O. 841(E) (29.08.2001) and circulated by Department of Company Affairs via Circular No. 15/2001 (14.9.2001) to Regional Directors, Registrars of Companies and Official Liquidators for information, necessary action and acknowledgement of receipt.
3/2001 - 13-09-2001 Central Excise
CEGAT - Transfer of matters from NB(D) Bench to 'A' and 'C' Benches due to heavy load
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Reallocation of appeals to balance bench workloads: backlog matters moved for earlier final disposal and recent matters redistributed chronologically.
Administrative transfer of matters to redistribute caseload: appeals from the early 1980s through 2000 within NB(D) jurisdiction are to be posted for final disposal before Bench C from the implementation date, and an initial tranche of matters from the following year will be chronologically posted before Bench A from the same date, establishing chronological posting and bench reassignment to expedite final disposal and reduce backlog.
Central Excise Manual – Latest important instructions contained therein
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Central Excise Manual updates supersede prior instructions and clarify registration, invoicing, export proof and bond procedures.
The Central Excise Manual operates as Board instructions in supersession of prior instructions on identical issues, subject to the primacy of the Act and rules. It clarifies that duty is deemed discharged only when credited to the Central Government account and that bank receipt stamps on TR-6 challans evidence such credit. The Manual updates registration criteria for factory premises and depots, invoicing and computerized record procedures, export bond and proof-of-export mechanisms, allowances for off-site storage of seasonal sugar, and procedures for provisional release, re-import, and supervision of destruction of excisable goods.
Advance Licenses under Para 7.5 of H.B.
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Advance license net contents declaration required to secure accountability of imported inputs and avoid post issue modifications by authorities.
Advance license issuance under Para 7.5 allows grant on self declaration where SION are not fixed, but applicants should declare net contents and technical specifications of inputs in the application and shipping bills because ALC may later fix norms on content or wastage bases and apply conditions equivalent to SION; declaring net contents avoids problems in regularisation and closure when norms are confirmed or export product descriptions are modified to ensure accountability of imported inputs.
Central Excise Classification of Gulab Jamun whether under chapter 4.19 or 21 of Central Excise Tariff.
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Excise classification of Gulab Jamun: treated under food preparations headings depending on whether sold under a brand name.
Gulab Jamun classification is governed by the post amendment chapter 21 regime: Note 10 inserted in chapter 21 directs classification under the chapter 21 food preparations sub headings, with branded and unbranded products distinguished for allocation to the appropriate sub headings; the earlier circular predating the Finance Act amendment is withdrawn and field formations are to be instructed and trade informed accordingly.
Whether slitting of HR/CR coils of iron and steel sheets into strips would amount to manufacture - Regarding
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Tariff classification change: slitting or cutting HR/CR coils constitutes manufacture when resultant product falls under a different sub heading.
Slitting, shearing or cutting HR/CR coils or sheets will amount to manufacture if the resultant product is classifiable under a different Central Excise Tariff sub heading; if the product remains within the same sub heading, the process will not amount to manufacture.
Policy relating to import of CKD/SKD kits/components by Joint Venture Car Manufacturer companies under MOU to be signed with the Government of India
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Import liberalisation for CKD/SKD kits: quantitative restrictions removed, but pre-existing export obligations remain enforceable.
Removal of quantitative restrictions on imports of CKD/SKD kits/components takes effect on 1 April 2001, withdrawing the prior public notice. Importantly, parties that imported kits/components up to that date under MOUs remain bound to satisfy their existing export obligations within the original timeframes unless the Government grants extensions for sufficient reasons.
Amendments/modifications and additions in the Standard Input Output Norms
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Standard Input Output Norms amendments update permitted input items and quantities for exports, including alternate inputs and calculation notes.
Amendments to the Standard Input Output Norms revise, add and delete SION entries in the Handbook of Procedures, Vol.2, specifying updated input items and permitted quantities for Chemicals, Engineering and Plastic products; introduce alternate input options, multipart input bills of materials, calculation notes for pro rata adjustments and calorific conversions for energy inputs, and corrections to item descriptions and applicability notes for scheme exclusions.
Extension Counter of Office of the Zonal JT.D.G.F.T., Mumbai, has been opened at NAGPUR
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Extension counter for foreign trade services enables local submission and processing of license and IEC applications with weekly transfer.
An Extension Counter of the Zonal Joint Director General of Foreign Trade, Mumbai, has opened at Vidarbha Industries Association, Nagpur, where applicants under Mumbai Zonal jurisdiction may submit applications and obtain licences, IEC numbers and other documents by hand delivery or post. The counter will process applications locally, communicate deficiencies to applicants, and forward completed applications weekly to the Zonal JT.D.G.F.T., Mumbai by Speed Post; PS-I Section will coordinate disposal and return licences and communications to the Nagpur counter weekly.
Amendment to the Listing Agreement
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Accounting standards compliance required: companies must adopt specified disclosure, consolidated reporting, and tax accounting in periodic financial results.
Companies must include segment reporting and apply the Accounting for Taxes on Income standard in quarterly un audited results, may publish consolidated quarterly results, and must publish annual results in the same format. Consolidated financial statements are mandatory in the annual report, must be audited by the company's statutory auditors and filed with stock exchanges. Related party disclosures must follow the applicable accounting standard, and companies are required to comply with all Accounting Standards issued by the ICAI.
Amendment in Handbook (Vol 1).(RE-01), 1997-2002
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Value addition compliance: exporters must deposit equivalent sums when prescribed value addition is not achieved to meet policy requirements.
Amendments modify Handbook provisions to impose a compliance mechanism for value addition shortfalls-allowing no penalty if prescribed or actual positive value addition is met, otherwise requiring an equivalent TR deposit into the designated customs revenue head so deposit plus FOB receipts meet minimum value addition over CIF. Customs duty with interest recovered for regularisation or BG/LUT enforcement must be deposited by the licencee into the customs revenue head within thirty days of demand with documentary proof. The changes also expand approvals, SEZ/EOU operational rules, monitoring and NFEP/NFE calculation, Board of Approval powers, CST reimbursement procedures, sectoral conditions and reporting formats.
Wearing Uniform by the Staff and Officers posted at the Airport regarding
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Uniform requirement requires airport customs personnel to wear uniforms with names embroidered and identity cards displayed.
Customs officers and staff posted at airports must wear the stipulated uniform, except Preventive/Air Intelligence Unit personnel; names must be embroidered in large letters on the uniform and identity cards displayed on the uniform at all times, with instructions to be circulated and receipt acknowledged.
Extending TRA facility under DEPB Scheme to Amritsar Port
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TRA facility under DEPB: Amritsar-issued DEPB scrips may authorise imports through notified sea-ports after verification.
Amritsar-issued DEPB scrips may be used to obtain TRAs permitting imports through any of the notified sea-ports specified in DEPB Customs Notification No.34/97, provided TRAs are issued by Amritsar Custom House after verification. Amritsar Customs House must record TRAs against each DEPB scrip in separate registers and include goods, notified sea-port, DEPB serial number, date and duty entitlement; receiving Customs Houses must report import details back to Amritsar for monitoring.
Provisional clearance in anticipation of E.O Extension under Advance Licence
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Provisional clearance for exporters pending export obligation extension allowed upon application evidence; Customs to accept provisional release.
Provisional clearance may be granted when an exporter produces documentary evidence of having applied for an Export Obligation extension to the Regional Licensing Authority, with shipments effected within the maximum extension period permitted under Exim Policy; RLAs are empowered to permit such extensions. For redemption/regularisation, regional offices may accept Customs' logging of final export products for input accounting under existing norms, and unutilized material must be accounted for per existing guidelines.

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