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Circulars
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Exim Bank's Line of Credit of USD 10 Million to Banque Marocaine du Commerce Exterieur (BMCE Bank), Morocco
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Line of Credit for export finance: regulatory terms, documentation and conditional agency commission under FEMA provisions.
A foreign credit facility is notified whereby Exim Bank has made a Line of Credit available to a Moroccan bank to finance eligible exports under India's Foreign Trade Policy; the LOC is subject to specified deadlines for L/C opening and final disbursement, shipment declaration on GR/SDF forms, a general prohibition on agency commission under the LOC, and procedures allowing commission payment from exporter resources or EEFC balances with prior authorisation and Reserve Bank discretion to permit commission for after sales service exports. The direction is issued under sections 10(4) and 11(1) of FEMA.
Amendments in Appendix-4C and 8 of the Handbook of Procedures (Vol. I)
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Handbook amendment updates agricultural product district listings and adds an authorized agency for non preferential certificates of origin.
Amendments revise Appendix 8 to change district listings for specified agricultural products, altering geographic applicability, and add the Tirupur Chamber of Commerce and Industry to Appendix 4 C as an agency authorized to issue Certificates of Origin-Non Preferential, with its contact details recorded.
Amendments in the Appendix 5 of the Handbook of Procedures( Vol .I )
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Appendix amendment adds a new registered exporter entry, updating contact details for trade facilitation under foreign trade policy.
Amendment adds a new entry to Appendix 5 of the Handbook of Procedures (Vol. I) under paragraph 2.4 of the Foreign Trade Policy, updating the official registry by inserting a listed exporter with its office address, telephone, fax and e mail contact particulars for use in trade and export facilitation.
Regarding submission of declaration in Para 5A of Aayat Niryaat Form
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SCOMET declaration: separate declaration accepted temporarily for processing until integrated into Aayat Niryaat Form procedure
Because Para 5A has not yet been incorporated into the Aayat Niryaat Form, separate written SCOMET declarations submitted by applicants will be accepted for processing until the declaration is integrated; earlier declarations filed under the prior trade notice will also be treated as sufficient without insisting on submission in Para 5A.
032 - 16-09-2005 VAT - Delhi
Clarification with respect to industrial cables (Entry No.40 of Third Schedule of DVAT Act, 2004)
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Industrial cables classification clarified: Entry 40 covers specified cable types including winding wire, coaxial, wiring sets, telephone and optical fibre.
Entry 40 of the Third Schedule to the DVAT Act, 2004 covers specified industrial cables including winding wire of copper, co-axial cables, ignition and other wiring sets used in vehicles/aircraft/ships, electric conductors fitted with connectors categorized by voltage bands, telephone cables, and optical fibre cables, with corresponding Central Excise Tariff headings listed. The circular is clarificatory and not an authoritative legal interpretation; trade members may seek further clarification from the issuing office.
Non acceptance of Pre-Shipment Inspection Certificate - Reg.
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Non-acceptance of pre-shipment inspection certificates; named agencies' certificates must be refused for scrap imports.
Directive instructing non-acceptance of Pre-Shipment Inspection Certificates for imports of metallic waste and scrap issued by M/s. Alex Stewart International Corporation, BV, Rotterdam, M/s. BSI Inspectorate Ltd. Essex and M/s. Intertek Group Plc, London, which were found false and blacklisted by the Directorate General of Foreign Trade; field formations must refuse such certificates and take necessary action to enforce the instruction.
Transfer of Advance Licence by buyer in favour of seller of goods enabling him to import duty-free raw materials and bring down cost of production/procurement-benefit accrued on this account including in assessable value as per Apex Court judgment in the case of CCE Bhubaneshwar-II Vs. M/s. IFGL Refractories Ltd.
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Transfer of advance licence treated as additional consideration, increasing assessable value and prompting reassessment and revenue notices.
Transfer of advance licence by a buyer to the seller constitutes additional consideration and must be included in the seller's assessable value; the Supreme Court ratio applies to both old and new formulations of Section 4, and authorities are directed to issue notices and reassess value to protect revenue.
Trading by Mutual Funds in Exchange Traded Derivative Contracts
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Mutual Fund parity in derivatives trading permitted with conditions, position limits and exchange monitoring required.
Mutual Funds may trade in exchange traded derivatives on par with registered FIIs, with schemes treated as client sub-accounts and Mutual Funds as trading members. New schemes must disclose extent, manner and risks of derivatives participation in offer documents; existing schemes require unit-holder disclosure, majority consent and an exit option without exit load. Prescribed position limits apply to index and stock derivatives, additional notional hedging limits are linked to fund holdings, and scheme-wise limits and disclosures follow the FII sub-account regime. Stock exchanges will monitor scheme-wise limits and assign unique client codes.
Deletion of items in Appendix-37A of the Handbook of Procedures (Vol. I)
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Vishesh Krishi Upaj Yojana benefits revoked for sesame exports; entry removed from Appendix by Foreign Trade Policy amendment.
The entry for SESAMUM INDICUM (sesamum, til) at Sl. No. 526 is deleted from Appendix 37A of the Handbook of Procedures (Vol. I) and, under Paragraph 2.4 of the Foreign Trade Policy 2004-2009, Appendix 37A is amended to reflect that no Vishesh Krishi Upaj Yojana benefits shall be admissible on exports of SESAMUM INDICUM.
Customs and excise duty exemption machinery, apparatus and appliances and components, required for initial setting up of a power project using non-conventional materials - Clarification regarding
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Concessional customs duty and excise exemption for renewable power project equipment subject to Ministry certification.
Concessional customs duty and full excise exemption apply to machinery, apparatus, appliances and components required for initial setting up of power projects using specified non-conventional materials, subject to certification by the Ministry of Non-Conventional Energy Sources. Imports of such goods are also eligible for exemption from additional customs duty where the excise exemption applies, provided the importer produces the requisite Ministry certificate.
Import of Air-conditioners covered under EXIM Code 8415
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Importability of Air Conditioners: HCFC 22 charged units to be treated as freely importable pending regulatory formulation.
Import of Air Conditioners under EXIM Code 8415 is free under ITC (HS) classification even when units are filled with HCFC 22 (R 22); Customs objections requiring import licences for such consignments are overridden. While a GATT compatible regulation for HCFC charged air conditioners is being developed in consultation with the environmental authority, already landed but uncleared consignments shall be treated as freely importable and allowed clearance by Customs.
Electronic issuance of contract notes – Additional conditions
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Electronic contract notes: consented, digitally signed delivery by email with backup physical dispatch if undelivered.
Members may issue Electronic Contract Notes only to clients who have specifically opted in; ECNs must be digitally signed, encrypted and non tamperable and delivered normally by email. Members must retain soft, non tamperable acknowledgements and system log reports as proof of delivery, record bounced or rejected mails, and treat non receipt of bounce notifications as delivery. If ECNs are undelivered or clients have not opted in, physical contract notes must be sent within prescribed timeframes. Members must also publish ECNs securely on designated websites with unique client access and archive electronic records per SEBI and exchange rules.
031 - 07-09-2005 VAT - Delhi
TRADE CIRCULAR REGARDING 'Utensils'
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Taxation of cutlery clarified as taxable under unspecified goods provision, covering spoons ladles and skimmers.
Spoons, ladles, skimmers and similar kitchen or dining implements are treated as cutlery and taxable as unspecified goods under the Delhi Value Added Tax Act; the Commissioner has issued this administrative clarification to ensure uniform classification and tax treatment by VAT authorities and trade stakeholders.
Advisory Committee on Abatement
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Abatement data requirements: submissions must include supporting accounts and segment-specific actuals to enable committee review.
Requests for increases in excise duty or service tax abatement must be accompanied by complete supporting books of account and representative information covering different industry sections. Submissions should describe trade sale patterns, margins and discounts, and include calculations based on recent actuals for varied industry segments. Trade and industry associations should advise members to comply with these requirements to enable the Advisory Committee on Abatement to decide expeditiously.
Abatement for Excise duty or Service tax — Information sought by Advisory Committee
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Abatement information requirements: submissions for higher excise or service tax abatements must include complete supporting accounts and industry data.
Requests for increased abatement for excise duty and service tax must be accompanied by complete supporting books of accounts and recent, segment-specific calculations based on actuals (small, medium and large). Representations should also disclose trade practices-sale patterns, trade margins and discounts-and Trade and Industry Associations should advise members to provide this information to enable the Advisory Committee to consider requests expeditiously.
Starting of Courier operations through Cochin International Airport - procedure reg.
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Courier clearance procedures require segregated filing, mandatory X ray screening and formal detention for discrepant consignments.
Courier operations require segregation of consignments into documents, samples/gifts and dutiable goods and submission of CSB I/II for exports and CBE I-V for imports. All courier bags are subject to 100% X ray screening and percentage based physical examination; discrepancies lead to formal detention memos, examination, and possible reassessment. Filing, serialisation, airline and CBC endorsements, reconciliation of manifests and Bills of Entry, prior filing on documentary proof, and custodian custody with 'out of charge' release are mandatory procedural steps.
Bank Realisation Certificate (BRC) Entry for Drawback Shipping Bills: Amendment of ICES software – clarification - Reg.
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Bank Realisation Certificate entry requirement suspended, affecting drawback shipping bill processing pending Board review.
Amendment to ICES introduced a BRC verification module requiring entry of Bank Realisation Certificates for drawback shipping bills to monitor bank realisation of export proceeds; following trade representations about hardship caused by blocking drawback where earlier BRCs were not submitted, the Board is examining the issue and operation of the BRC module has been suspended until further notice.
Importability of Boric Acid – reg
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Import permit requirement for boric acid now mandated for non insecticidal uses, enforced via CIB&RC recommendation.
Importation of boric acid for identified non insecticidal uses is permitted only on the basis of an import permit issued by the Central Insecticide Board & Registration Committee (CIB&RC) of the Ministry of Agriculture, issued on the recommendation of the nodal Administrative Ministry; customs field formations must follow the Ministry of Agriculture's instructions and finalize pending assessments accordingly.
Amendment to the 'Issue of Foreign Currency Convertible Bonds and Ordinary Shares (Through Depositary Receipt Mechanism) Scheme, 1993'
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ADR/GDR guideline alignment with domestic capital norms updates issuance and compliance requirements for FCCBs and depository receipts.
Amendment aligns the ADR/GDR guidelines under the Foreign Currency Convertible Bonds and Ordinary Shares (Through Depositary Receipt Mechanism) Scheme, 1993 with domestic capital-issue norms framed by SEBI, refers to the Government press note and notification implementing those changes, and notes that consequential amendments to FEMA transfer/issue of securities rules will follow; Authorised Dealer banks must inform constituents and the directions are issued under FEMA powers.
Revised Activity schedule for T+2 rolling settlement
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Custodial confirmation deadline extended to provide additional time, revising clearing corporation download and settlement timing in rolling settlement.
Extends the custodial confirmation deadline to 1.00 pm on the first post-trade day and requires clearing corporations/clearing houses to process and download obligation files to brokers and custodians by 2.30 pm the same day; pay-in and pay-out timings on the second settlement day are retained to align settlement operations with the discontinuance of hand-delivery bargains. Stock exchanges must amend bye-laws, notify members, publish the changes, and report implementation status.

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