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Circulars
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Online Transmission of Duty Free Import Authorization issued between Customs and DGFT.
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Online transmission of DFIA links Customs and DGFT to automate license exchange, filing, and export obligation monitoring.
Implementation of online transmission of Duty Free Import Authorizations (DFIA) creates an automated electronic exchange between Customs and DGFT so that DFIA details populate Customs systems for filing Shipping Bills and Bills of Entry. Exporters and CHAs must provide DFIA details in revised Shipping Bill/Annexure A fields or License Table; for authorizations issued after implementation Customs will auto populate authorization numbers and require quoting at filing. Customs will transmit Shipping Bills to DGFT for monitoring; DGFT will return Export Obligation Discharge Certificates (EODC) and amendment messages based on Customs' license usage log prints, and Customs will act on EODCs to release bonds/LUTs and BGs after verification.
Appointment of Common Adjudicating Authority.
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Assignment of Show Cause Notice assigned to Nagpur Commissionerate for adjudication under the Customs Act.
The Board, invoking the delegation under Notification No. 15/2002 Customs (N.T.) issued under section 4 of the Customs Act, assigns the Show Cause Notice issued by the Directorate of Revenue Intelligence, Chennai Zonal Unit in the case of M/s Surya Lakshmi Cotton Mills Limited and others, to the Commissioner of Customs & Central Excise, Nagpur Commissionerate for adjudication, and notifies relevant departmental recipients and the departmental web channel to effect service and record the transfer of adjudicatory responsibility.
New Procedure of challan correction by banks (for physical challans).
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Challan correction mechanism allows banks to amend specified challan fields within prescribed windows, subject to validation and conditions.
Banks are authorised under OLTAS to correct specified fields in digitized physical challans - Assessment Year, Major Head Code, Minor Head Code, TAN/PAN, Total Amount, and Nature of Payment - subject to prescribed taxpayer request and bank action windows, strict validation conditions (including prohibition on name changes, matching of PAN/TAN with challan name, and amount corrections limited to amounts actually received), a one-correction-per-challan rule with a limited exception, and required supporting documentation; assessing officers may correct challans after the bank window to ensure tax credit.
Liberalised Remittance Scheme for Resident Individuals- Revised Application cum Declaration form.
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Liberalised Remittance Scheme revised application permits rupee gifts or loans to close relatives abroad within existing per year remittance limit.
Revises the Application cum Declaration form under the Liberalised Remittance Scheme, requiring applicants to declare total foreign exchange remitted in the financial year, certify source of funds and confirm compliance with the Scheme's annual remittance ceiling; collects applicant, remittance, instrument and beneficiary details and includes an authorised dealer certification block to confirm conformity with Reserve Bank instructions under FEMA.
Registration of Companies or LLPs which have one of their objectives to do business of architect
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Restriction on corporate practice of architecture: incorporations of companies/LLPs with architecture objects suspended pending government view.
Only an architect registered with the Council of Architecture or a partnership firm composed solely of registered architects may represent itself as an architect or practise the profession; pending legal examination and finalisation of the Central Government's view, incorporation of companies or LLPs whose objects include carrying on the business of an architect is to be suspended and not proceeded with until further order.
13 - 10-10-2011 VAT - Delhi
Clarification regarding "Steel Wire Ropes, Stainless Steel Ropes, Copper Wire Ropes and Copper Stay Wires" .
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Stainless steel wire classification affects VAT treatment of steel and copper wire ropes and stay wires under existing tax determinations.
The Supreme Court's ratio that stainless steel wire is not within the category of "Iron and Steel" governs classification for sales-tax purposes, and an administrative order has determined that steel wire ropes, stainless steel ropes, copper wire ropes and copper stay wires are to be treated as unscheduled goods taxable under the Delhi Value Added Tax; both the judicial ratio and the administrative determination are to be applied when deciding taxability of these items.
Grievance Committee
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Grievance Committee for Foreign Trade Policy established to expedite redressal of trade grievances; grievances to be filed with designated office.
A Grievance Committee is constituted to expedite redressal of grievances under the Foreign Trade Policy and Handbook of Procedures; grievances are to be filed with the designated office of the Joint Director General of Foreign Trade. The committee is chaired by the Joint Director General with the Foreign Trade Development Officer as Member Secretary and includes members from customs, income tax, sectoral development boards, export promotion bodies, and industry associations to address submitted trade grievances.
Mandatory E filing of ST3/ST3A Return by all the assessees
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Service tax e filing is mandatory; pre 2010 registrants must obtain a TPIN to access ACES and file returns electronically.
The notice mandates electronic filing of half yearly Service Tax returns in Form ST 3/ST 3A through the ACES web portal; ACES issued registrations have login credentials, while pre 15 02 2010 registrants must apply for a TPIN via a prescribed format to the jurisdictional Deputy/Assistant Commissioner to obtain login details and enable electronic filing.
Mandatory e-filing of Central Excise Returns in ACES
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Mandatory e-filing of central excise returns required, with specified ER forms to be submitted electronically under amended rules.
Amendments to the Central Excise Rules, 2002 and the CENVAT Credit Rules, 2004 mandate electronic filing of prescribed ER returns via the ACES system. ER-I, ER-2 and ER-3 must be filed electronically irrespective of duty paid; ER-4, ER-5 and ER-6 remain electronically filed for assessees not exempted by notification; ER-7 (Annual Installed Capacity Statement) and ER-8 tied to specified exemptions must be filed electronically. Assessees must obtain ACES login credentials and may use divisional Help Centers for assistance.
Uniform Know Your Client (KYC) Requirements for the Securities Markets
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Uniform KYC form required for securities intermediaries; Part I standardizes core client identification, Part II captures additional specifics.
The circular mandates use of a single standardized KYC application form (Annexure 1) as Part I for core customer due diligence across specified SEBI-registered intermediaries, with intermediary-specific additional data to be collected in Part II. Depositories and AMFI will prescribe Part II requirements for their participants; depositories must amend bye laws, notify participants and verify compliance. Intermediaries must implement the uniform KYC and prescribed POI/POA, PAN and entity-specific documentary requirements for new clients from January 1, 2012.
Amendments to the Equity, IDR and SME Equity Listing Agreements
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Disclosure obligations: listed entities must publish comparative quarterly and audited annual financial results with prescribed review and filing timelines.
Amendments require listed issuers to disclose comparative quarterly figures including the immediately preceding quarter, submit last-quarter figures with audited annual results, and accompany unaudited interim results with auditors' limited review reports. Issuers must provide full annual reports electronically to shareholders who register email addresses, abridged hard copies to others and full hard copies on request. A new obligation mandates publication of detailed voting results in a prescribed format within 48 hours of meetings, initially for top entities by market capitalization.
Appointment of Common Adjudicating Authority
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Assignment of Show Cause Notice to local customs commissioner for adjudication under customs administrative procedure.
The Board, exercising delegation under Notification No. 15/2002 Customs (N.T.) issued under sub section (1) of section 4 of the Customs Act, 1962, assigns Show Cause Notice DRI F.No.856(31)LDH/2007/Pt dated 06.12.2010 in the matter of M/s Prime Leathers and others to the Commissioner of Customs (Customs Preventive) at the specified customs house for the purpose of adjudication.
66/2011 - 04-10-2011 Companies Law
Time period for DIN-4 for PAN has been extended upto 15.12.2011.
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Director Identification Number update: DIN holders must file PAN via DIN 4 e form to avoid penal action.
The Ministry extended the deadline to 15.12.2011 for DIN holders to furnish PAN by filing the DIN-4 e-form; non-filing may attract penal action. The DIN Cell and professional bodies are instructed to notify DIN holders through email, SMS and publicity to ensure compliance.
65/2011 - 04-10-2011 Companies Law
Company Law Settlement Scheme, has been extended upto 15th December, 2011.
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Company Law Settlement Scheme extension: scheme period prolonged and existing terms continue, affecting filings and compliance timelines.
The Company Law Settlement Scheme has been extended until 15th December, 2011, with all terms and conditions of General Circulars No. 59/2011 and No. 60/2011 remaining unchanged; Regional Directors and Registrars of Companies are directed to implement and disseminate the extension under the existing procedural framework.
Attention is invited to Trade Notice No. 15 dated 10th August 2011 issued by DGFT HQ
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Penalty-based removal from defaulter list: firms paid prescribed penalty and had names removed after compliance.
Pursuant to a prior Trade Notice naming exporters as defaulters for cotton export shortfalls and offering removal upon payment of a prescribed penalty, 76 firms under the office's jurisdiction were reviewed; 38 firms submitted documents and paid the penalty in accordance with that notice, and their names have been removed from the defaulter list, as detailed in the attached annexure.
Procedure for supervision of stuffing and sealing of containerized cargo
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Supervision of stuffing and sealing of containerized cargo requires prescribed advance application and FIFO scheduling for inspection.
Exporters with factory stuffing permission must apply to the jurisdictional Range Superintendent in the prescribed format at least 24 hours in advance (or a mutually agreed shorter period) to schedule Central Excise supervision for examination, stuffing and sealing of export containers. Applications are time and date endorsed and processed on a First in First out (FIFO) basis; if range capacity is insufficient, exporters are informed to reschedule or officers will be deputed from divisional or Headquarters pools. Exporters pay MOT fees, may deposit a lumpsum in advance, and nominated officers must submit signed export documents, samples and completed examination reports to the jurisdictional range office.
Appointment of Agents / Franchisees by Authorised Dealer Category-I banks, Authorised Dealer Category-II and Full Fledged Money Changers– Revised guidelines.
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Franchisee surrender requirement: foreign currency must be handed only to franchiser; stricter due diligence and distance limits.
Mandates that foreign currency purchased by franchisees be surrendered only to the franchiser within seven working days; requires franchisers to conduct annual due diligence including business activity checks, physical verification, identity and PAN documentation, declarations on criminal proceedings, photographs of key persons and a Chartered Accountant's certificate confirming ongoing maintenance of the Net Owned Funds requirement. Imposes a distance based selection criterion for franchisee appointment with exemptions for recognised hotel chains and designated hilly/North Eastern areas, requires immediate application to new franchisees, phased compliance for existing franchisees and reporting to the Reserve Bank regional office.
12 - 03-10-2011 VAT - Delhi
Dealers who required to the file monthly returns (DVAT-16 and Form-I) along with Annexures 2A & 2B through the electronically filed
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Extension of electronic VAT return filing: online submission deadline extended while tax payments remain due with penalties for late deposit.
Dealers required to file monthly returns (DVAT 16 and Form I) with Annexures 2A and 2B via the new electronic application for the August 2011 tax period are granted an extended on line filing deadline to 14.10.2011 and may file the hard copy by 17.10.2011, by administrative authorization; however, the obligation to deposit the tax remains governed by the statute and penalties for late payment will apply.
Procedure and documents required in respect of Centralized registration sunder Rule 4(2)(iii) of Service Tax Rules, 1994–reg.
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Centralized Registration requires centralized billing or accounting, online ST 1 filing and a compulsory undertaking for record retention and audits.
Centralized registration under Rule 4(2)(iii) is available only where there is centralized billing or accounting; applicants must file an online ST-1 and submit printed application with Annexures II-IV disclosing branch wise registrations, pending SCNs/appeals/audits and a written justification of centralized systems, together with prescribed identity, address and bank proofs. The applicant must furnish an undertaking to maintain and produce centralized records for five years, allow audits at branch level, surrender single registrations within two months of grant and report branch Cenvat balances within 15 days for transfer.
Clarification on 100% promoter holding in demat form
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100% promoter demat holding compliance extended; stock exchanges must implement systems, amend rules and report monthly.
Extension of the deadline for 100% promoter holding in demat form by one quarter to the quarter ending December 2011; stock exchanges must implement systems and guidelines, amend bye laws and rules immediately, notify member brokers and publish the circular online, and submit monthly reports to SEBI on implementation.

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