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Circulars
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Assessment and Clearance of ‘Denatured Ethyl Alcohol’ And procedure thereof under Customs Tariff – reg.
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Denaturation standards: imports must meet prescribed testing; provisional release on bond permitted pending chemical results.
Imports of Denatured Ethyl Alcohol must conform to the Indian Standard Specification for Alcohol Denaturants (IS 4117-1973, as amended). Three sample sets are to be drawn and goods may be stored in bonded tanks pending chemical testing at DYCC or a State-recognised lab; conformity with IS 4117 will permit assessment and clearance. Importers may request supervised denaturation or provisional release on bond pending test results, subject to undertakings to pay differential duty and to waive re-test rights. Nonconformity or mis-declaration attracts adjudication under the Customs Act.
Import of fuel under DFRC; enlistment of agencies under Appendix 28A, 35B; deemed exports under EPCG and other minor corrections
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Duty Free Replenishment Certificate actual user condition clarified; fuel transfer limited to marketing agencies; EPCG refixation updated.
Corrections clarify that inputs under the Duty Free Replenishment Certificate (DFRC) are subject to an actual user condition when export proceeds are unrealised absent irrevocable credit or where DFRC/SION conditions impose actual user restrictions; otherwise DFRC inputs are freely transferable, except fuel which may only be transferred to agencies with Ministry granted marketing rights. The notice also inserts an Appendix 9D form for EPCG export obligation refixation, permits EOU/SEZ applications for EPCG licences, allows non realisation exceptions where exports are supported by certain guaranteed inland instruments, and revises application fee scales including electronic filing concessions.
Foreign Investments in India
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Foreign direct investment eligibility expanded to include Sri Lankan nationals, allowing share and convertible debenture purchases under specified conditions.
Persons resident outside India, including Sri Lankan citizens but excluding citizens/entities of Bangladesh and Pakistan, are now eligible to purchase shares or convertible debentures of Indian companies under the Foreign Direct Investment scheme subject to the terms and conditions in Schedule I of the Transfer or Issue of Security by a Person Resident Outside India Regulations; a formal amendment to the Regulations will follow and Authorised Dealer banks must notify their constituents.
Export of Goods and Services to Latin American Countries
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Export proceeds realisation: exporters to Latin America must remit proceeds within the prescribed period; limited exceptions preserved.
The circular discontinues the extended realisation facility for exports to specified Latin American countries for exports made on or after September 1, 2004, requiring exporters to realise full export proceeds within the prescribed six-month period, while preserving the extended facility for status holders and certain manufacturer/merchant exporters or traders with high-value export contracts as specified in earlier A.P. (DIR Series) circulars.
Service Tax — Budget changes for 2004-05 effective from 10th Sept., 2004
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Service tax expansion brings multiple new and expanded services under levy, with uniform rate and education cess applicable.
The Finance (No. 2) Act, 2004 expands and adds numerous taxable services, extends several existing service categories, prescribes a uniform service tax rate and levies an Education Cess on taxable services calculated on net tax after permitted abatements. The circular clarifies scope and exclusions for key categories (airport services, transport of goods by air, survey and exploration, intellectual property transfers, construction for commercial/industrial use, TV/radio production, opinion polls), specifies abatements and exemptions subject to conditions on CENVAT credit and goods sold concessions, and directs issuance of implementing notifications and CENVAT rules with transitional relief and industry consultation for certain modalities.
Procedure for computerized processing of shipping bills under the Indian Customs EDI system (ICES) - Exports - at CFS, MULUND.
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Computerized processing of shipping bills enables electronic filing, system-based clearance and scheme-specific verification for exports.
Computerized processing of shipping bills at CFS Mulund requires registration of exporter/CHA details and bank accounts, submission of prescribed declarations and original documents at the Service Centre or via Remote EDI, and system-generated shipping bills with limited validity. Declarations and quota/certification requirements must be presented at examination; certain categories and high-value shipping bills require Appraiser or AC/DC clearance. Scheme-specific registration and verification (DEPB, EPCG, DEEC, DFRC, Drawback) are mandatory before filing and may affect entitlement until final assessment.
Export warehousing facility to petroleum products
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Export warehousing for petroleum products extended to all exporters, allowing warehouses to be established anywhere in the country.
The facility permitting removal of petroleum products for export without payment of duty under bond is extended to apply to all exporters; export warehouses for petroleum products may be established and registered at any place within the territory of India. Existing warehouses may be converted to export warehouses, with technical conversion requirements to be completed promptly, and Jurisdictional Commissioners of Central Excise are to facilitate registration and establishment of new export warehouses on request.
Extension of stay by CEGAT / CESTAT beyond 180 days
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Extension of stay beyond 180 days: prioritize early hearing applications before the tribunal instead of filing further SLPs.
The Board directs that no further Special Leave Petition proposals be forwarded against Tribunal orders granting extension of stay beyond 180 days. Instead, Commissioners should move early hearing applications before the Tribunal on grounds like revenue stakes, prima facie merit, or future revenue implications; such applications must be routed through CDR/Jt. CDRs/SDRs and pursued by the Commissioner for expedited disposal.
Implementation of Electronic Release Advice Procedure – reg.
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Electronic Release Advice now mandates TRA electronic transmission and ICES-based licence registration for customs clearance.
Implementation of an Electronic Release Advice requires TRAs issued by Mumbai Custom House to be transmitted electronically between ICES locations. All DEPB/DEEC/DFRC/EPCG licences must be registered in the ICES import system prior to TRA issuance, including manually registered and partially utilised licences which must be entered for remaining balances. Hard-copy TRAs signed by a designated Appraising Officer are required; incoming electronic TRAs will receive system-generated registration numbers upon submission by the designated Appraiser and manual register entry and signature verification at recipient houses are discontinued. The TRA registration number must be quoted on the Bill of Entry. The simplified Annexure procedure is rescinded and the revised process applies immediately to specified schemes.
Withdrawal of the warehousing facility for removal of petroleum products without payment of duty from the refineries
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Withdrawal of warehousing facility requires refineries to pay excise duty at removal and ensures warehouse stocks are taxed.
Withdrawal of the warehousing facility requires refineries to pay excise duty at the time of removal and for warehouses to pay duty on stocks held at the cut off; jurisdictional officers must ascertain stocks and in transit goods and ensure immediate payment. Assessable value is to be fixed under section 4 read with Valuation Rules, with provisional assessment permitted for uncertain classifications such as LPG, and existing end use exemptions remain in force for qualifying direct clearances.
8 - 02-09-2004 Income Tax
Steps to secure recovery of demand in high demand cases - Regarding
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Provisional attachment of assets to secure high tax demands must be undertaken by assessing officers before assessment completion.
Assessing Officers must, when creating large tax demands likely to be difficult to recover, enquire into and identify assessee assets and place sufficient assets under provisional attachment before completing assessment; if provisional attachment cannot continue post-assessment the same assets should be considered for attachment under post-assessment recovery provisions. Officers must record efforts and details in an Office Note, DDIT(Inv.)/ADIT(Inv.) should identify attachable properties in Appraisal Reports for search-and-seizure cases, and failures to follow these procedures attract accountability.
Issues relating to imposition of Education Cess on excisable Goods and on imported goods, as pointed out by the trade and the field of formations – reg.
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Education Cess on excisable goods: not leviable retrospectively and applies only where duty is actually levied.
The Education Cess is a new levy not chargeable on goods manufactured before its imposition but cleared afterward. No Cess is leviable where goods are fully exempt, subject to nil duty, or cleared without payment of duty. The Cess applies only to goods listed in the First Schedule to the Central Excise Tariff Act and excludes items not specified. The Cess base is the aggregate duties of excise/customs actually levied and collected by the Department of Revenue, excluding certain customs duties such as anti dumping and safeguard duties.
Guidelines relating to issue of Trade Notices / Public Notices
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Trade notice rules require full reproduction of central circulars; local administrative matters must be issued only as facilities.
Notices communicating budgetary changes, Board circulars, and policy decisions from other departments may continue but must reproduce the entire circulars, instructions or guidelines without editing, paraphrasing or summarising. Notices dealing with purely local administrative matters (office timings, local meetings, website information, public relations arrangements) must no longer be issued as Trade/Public Notices and should instead be issued as a "Facility."
Foreign Exchange Management Act, 1999
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Amendments to foreign exchange regulations: authorised dealers to notify constituents of updated FDI, export and rupee loan rules.
Reserve Bank notified authorised dealers that amendments to the Foreign Exchange Management Regulations, 2000 have been issued and gazetted, enclosing the Notifications and directing dealers to inform constituents. The annex itemises amendments relating to the automatic route for residual FDI activities, export liberalisation (including exports by way of gifts), and liberalisation of rupee loans to non-resident Indians, with corresponding notification and Gazette references for compliance.
Notification of the Handbook of Procedures (Vol 1)
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Handbook of Procedures notification: Volume 1 promulgated and made available online, establishing procedural commencement and access.
Notification declares Handbook of Procedures (Volume 1) issued under the exercise of delegated powers in the Foreign Trade Policy, 2004-09. The Directorate General of Foreign Trade notifies the Handbook and its Appendices by Public Notice No. 01/2004-09, states the Handbook's provisions shall come into force on the specified commencement date, and directs users to the Directorate's website for access to the Appendices and Annexure.
Uniform Documentary Requirements for trading.
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Uniform client documentation requirement standardises broker forms, mandates broker client identification duties and directs exchanges to adopt formats.
SEBI prescribes a uniform set of model documents-Client Registration Form, Member-Client Agreement, Tripartite Agreement for cash segment, Uniform Risk Disclosure Document and Broker-Sub-broker Agreement-allowing additional non-conflicting clauses. Brokers must satisfactorily identify clients and may obtain extra information; specified institutional entities are exempt from the Client Registration Form and may agree on agreements and risk disclosures. All requirements are effective immediately except the tripartite agreement effective December 1, 2004. Exchanges must amend bye-laws, disseminate documents to members and report implementation to SEBI monthly.
Fixation and modification of input and output norms (Word Document)
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Fixation and modification of input-output norms updates Standard Input-Output Norms affecting chemicals, engineering and textile exports.
The Director General of Foreign Trade, under the Export and Import Policy, amends the Handbook of Procedures Vol. II by substituting, deleting and adding Standard Input Output Norms. Annexure A contains targeted amendments and corrections across chemicals, engineering, plastics, leather and textile groups and general notes; Annexure B and C add new chemical and engineering SIONs with specified input lists and quantities; Annexure E adds a textile SION specifying allowed input fibre ratios. These changes prescribe permitted input components and numeric input-output ratios for listed export products.
Non - Resident Deposits-Comprehensive Single Return (NRD-CSR) - Revised Version 2.1@
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Non-resident deposit reporting: revised standardized electronic return requires new fields, high-value flags and fixed-position file format.
The Reserve Bank issued NRD-CSR version 2.1 requiring Authorised Dealers to submit monthly electronic ASCII-file reports of non-resident deposit stocks and flows using prescribed fixed-position field layouts and record-type codes. The revision mandates separate capture of aggregate and "high value" inflows/outflows, adds fields for Number of Accounts and Account Type, introduces "Students" as an account-holder category, and requires interest rates to be reported in basis points. Technical provisions include backward compatibility at head/nodal offices, RBI-controlled cut-off changes, default-branch monitoring, and installation instructions for the NRD-CSR package.
Global Trust Bank Ltd
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Amalgamation record date triggers suspension of trading and ISIN freeze to prevent post-record transfers of shares.
Global Trust Bank has been amalgamated with Oriental Bank of Commerce and a record date has been fixed to determine former GTB shareholders. Trading in GTB equity is to be suspended from the business day before the record date, and depositories must freeze the GTB ISIN after the record date to prevent further transfers, including off market transactions; exchanges and depositories must notify constituents and publish the information.
Amendments to SEBI (Buy Back of Securities) Regulations, 1998 and consequent changes in the draft format of standard letter of offer
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Amendments to buy back regulations modify the standard letter of offer, replacing a term and deleting a provision.
Amendments effected by the SEBI (Buy back of Securities) (Amendment) Regulations, 2004 modify the draft standard letter of offer for buy backs: replace the word "earlier" with "later" at point 9.1 of the general instructions and delete point 9.2. The circular forwards the gazette notification and directs registered merchant bankers to implement these textual changes immediately under the regulatory powers conferred by Section 11(1) of the SEBI Act.

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