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Computerised Processing of Bills of Entry Under the Indian Customs EDI System – Imports (ICES/I) at the Custom House- Mumbai
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Computerised EDI processing expanded for provisional assessment, fast track and single window imports, with Green Channel clearance applied.
Computerised EDI processing is extended to provisional assessment cases with Related Party valuation adjustments-importers/CHAs must indicate the required R.D. percentage and submit Bills of Entry to the GATT Valuation Cell for debit to the General Bond Account, after which Assessing Officers will provisionally assess those Bills in EDI or charge R.D. if not indicated. Into-bond ship stores Bills of Entry will be handled in EDI; Fast Track and Single Window Clearance Bills will be processed in EDI under the Green Channel with examination generally waived and verification limited to marks, numbers or container seals. Diplomatic goods will be assessed in EDI under the Systems Appraisal Scheme.
Introduction of Service Tax Code (STC) Number based on Permanent Account Number (PAN) allotted by th
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Service Tax Code based on PAN creates a unified identifier with prescribed allocation, application and monitoring procedures.
Introduction of a nationwide alphanumeric Service Tax Code (STC) anchored on the Permanent Account Number (PAN) creates a uniform identifier comprising PAN + "ST" + serial numeric suffix for each registered premise; allocation authority depends on whether premises are centralized, within one Commissionerate, or across Commissionerates, with prescribed application, acknowledgement, three-working-day allotment targets for complete applications, forwarding protocols, obligatory database creation, NIC automation plans, mandatory PAN for all registered service taxpayers, and monitoring, publicity and reporting obligations for timely rollout.
Export of Goods and Services
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Extension of export realisation period to 360 days for specified countries, temporarily altering repatriation compliance obligations.
Reserve Bank temporarily extended the period for realisation and repatriation of full export value for goods and software from six months to 360 days for exports to listed countries, effective for one year for exports made on or after September 1, 2001; thereafter the six-month period resumes. The measure is issued under Section 10(4) and Section 11(1) of the Foreign Exchange Management Act, 1999, and authorised dealers must notify constituents and ensure compliance, with penalties for contravention under the Act.
Counter-Trade Arrangements with Romania
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Counter-trade arrangements permit exporters to use escrowed foreign currency for matched imports, subject to reserve bank approval and monitoring.
Permission is granted for counter-trade arrangements between Indian and Romanian parties permitting exports to precede imports and allowing Indian exporters to open U.S. Dollar Escrow Accounts with banks in Romania, provided funds credited to those accounts are used for imports from Romania into India within six months; authorised dealers must forward proposals to the Reserve Bank regional office and monitor escrow transactions through a mirror account, and the directions are issued under FEMA with penalties for non-observance.
Service Tax — Payment into non-designated banks would not amount to paying Tax
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Payment into non-designated banks not treated as tax payment; one-time transfer to designated banks allowed with concurrence.
Payment of service tax into non-designated banks does not constitute valid payment of tax; as a one-time administrative remedy, amounts deposited in non-designated banks may be transferred to the appropriate designated banks in consultation with and with the concurrence of the Pay and Accounts Offices (PAOs) of the respective Commissionerates to address genuine mistakes in payment routing.
Reporting of derivative transactions to the media and the newspapers.
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Derivative transaction reporting: standardized daily disclosure to media and newspapers of specified contract and market fields.
The circular requires derivative exchanges and their clearing houses to provide uniform daily media disclosure of specified transaction data: contracts description; number of contracts traded; notional value (for options calculated as [strike + premium] x lot size x number of contracts); open, high, low; value of premium traded for options; and open interest in number of contracts.
Clarification on provisions governing transfer price in an international transaction
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Arms length price: taxpayer pricing within a narrow margin accepted; limited assessing officer recourse and temporary document relief.
Sections 92 and 92A-92F require income from international transactions between associated enterprises to be computed with reference to the arms length price, with methods and selection criteria in section 92C and rules 10A-10E; primary responsibility rests with the assessee while the Assessing Officer may determine the price under specified conditions. The Board directed that taxpayer prices within a narrow margin may be accepted, early failures to maintain prescribed documents should not trigger invocation of section 92C(3) or penalties for the initial period, and Assessing Officers may invoke section 92C(3) only where the subsection's circumstances and material information exist.
Centralization of search cases and decentralization of non-search cases
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Centralization of search cases limited by central charge capacity; imminent time-barred searches remain with local charges under decentralization rules.
Centralization of search cases in Central Charges is to proceed only according to available workload and manpower, and search cases in non-central charges whose assessment time limits would expire imminently shall not be transferred; no general decentralization of non-search cases is ordered, and decentralization must follow existing guidelines including retention review based on duration, sensitivity, and prior allotment of Permanent Account Number.
Import of consumer durables including automobiles in CKD/SKD condition
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Import of consumer durables in CKD/SKD condition exempt when the specific item is freely allowed, permitting unrestricted imports.
Where a specific consumer durable or automobile is listed as freely importable in the ITC(HS) classification, its import in CKD/SKD condition or as ready to assemble sets is likewise free of licensing restrictions; the licensing note at the end of Section XVI does not add controls to partly assembled consignments when the complete item is permitted for free importation.
Rescheduling of settlements due to bank holidays
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Settlement rescheduling allows exchanges to merge multiple settlement cycles into a single day when bank holidays disrupt settlement.
When scheduled bank holidays make settlement days fewer than trading days, exchanges may merge settlements of multiple trading days into one settlement day and allot a single settlement number if a calendar was drawn in advance; unscheduled settlement holidays may preclude last minute clubbing and prior SEBI guidance will apply. Exchanges may adopt appropriate risk containment measures and must draw up settlement schedules accordingly.
Central Excise - Excisability and classification of Cable Jointing Kits - Clarification regarding.
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Excisability of cable jointing kits: assembled kits retaining constituent character are not treated as manufacture for excise.
Assembling duty-paid components into a packaged 'cable jointing kit' that leaves constituent articles' character and use unchanged does not amount to manufacture for excise purposes and therefore is not excisable; administrative classification will follow the judicial position and the prior departmental circular treating such kits as a new excisable product is withdrawn.
Gazette Notification dated July 23, 2001
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Director transaction disclosure: quarterly filings to trustees; mutual funds may invest in venture capital units within NAV limits.
Each director of the Asset Management Company must file details of his securities dealings with trustees quarterly; specified filing and communication periods are shortened; half yearly financial results must follow a substituted Twelfth Schedule in a prescribed tabular format and be printed in at least 7 point Times Roman. Mutual fund schemes may invest, within existing NAV percentage limits for open and close ended schemes, in listed or unlisted securities or units of venture capital funds or shares of venture capital companies. Mutual funds must pay applicable volatility margins on equity sales except where early pay in is effected.
Clarification regarding deductions u/s 80HH & 80I.
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Deductions under section 80HH and section 80I are to be allowed independently from gross total income.
The Instruction clarifies that deductions under 80HH and 80I are to be allowed independently with reference to the gross total income, so each deduction is computed on the gross total income without regard to any reduction produced by the other provision.
Centralisation of cases subsequent to the restructuring of the Income-tax Department.
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Centralisation of income tax cases requires initial transfer under revised jurisdiction, then statutory transfer orders with prior central approval.
All files must first be transferred according to the revised jurisdictional allocations effective 1 August 2001; subsequent centralisation of files with any Range must be effected by an Order under section 127 of the Income-tax Act and issued only with prior approval of the Central Board of Direct Taxes. Requests for centralisation should not be made for at least three months to permit completion of the initial transfers.
Regarding Green Cards
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Green Card eligibility extended to senior executives; application requires employer certificate and prescribed appendix documents.
Green Cards may now be issued to regular senior-level employees (e.g., Company Secretary, Managing Director, Vice President, General Manager) provided the firm submits the prescribed application documents together with a firm letter-head certificate signed by a Partner/Director/Proprietor certifying the employee's regular employment, designation and start date; the certificate must follow the template and be enclosed with the Appendix 56 documents.
Amendments to the Uniform Norms for Good/Bad Deliveries
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Validity period of company objection memos: clause 97 prevails over clause 100, exchanges must notify members accordingly.
Where there is a conflict on the validity period of company objection memos under the Uniform Norms for Good/Bad Deliveries, the provisions of clause 97 shall prevail over clause 100; stock exchanges are instructed to inform their members of this clarification.
Notification 36/2001- Cus(NT) dated 3rd August 2001 - Clarification Rgd
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Tariff valuation date determines applicability of new palm oil tariff values for consignments and warehouse clearances.
Tariff values for specified palm oils take effect from the gazette publication date and are inclusive of insurance, freight and landing charges. The critical tariff valuation date is the date relevant to bills of entry and vessel entry inwards; if entry inwards is on or after the effective date the new values apply even if bills were filed earlier. Warehouse clearances on or after the effective date attract the new values regardless of earlier ex-bond presentation. Foreign currency conversion uses the government-notified exchange rate in force on the bill presentation date.
Eligibility for trading member
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Eligibility for trading member: subsidiaries may join derivatives segments subject to eligibility criteria and specified compliance conditions.
Permission is granted for subsidiaries of stock exchanges to become trading and/or clearing members in the derivatives segment provided they satisfy the exchanges' eligibility criteria and the applicable regulatory requirements governing brokers and sub-brokers, subject to two express conditions: adherence to prescribed risk containment measures and a prohibition on proprietary trading.
Facility of Electronic Filing of Applications in the Office of Zonal JT.D.G.F.T., Mumbai
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Electronic filing of export licence applications enables same-day issuance for compliant applicants who submit required hard copies.
Electronic filing of DEPB and Advance Licence applications is available to non-status and Green Card holders; firms receive a secured password after declaring intent and providing IEC and RCMC/Green Card. Applications are submitted via the DGFT website with password authentication, producing a file number and key number. A complete hard copy quoting those numbers must be submitted to the counter; the hard-copy submission date is the date of application and licences will be issued the same day if procedural requirements are met.
Amendments to Handbook of Procedures including DEPB Rates
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Export obligation monitoring: earthquake affected EOU/EPZ/SEZ units granted a blank year, easing compliance for eligible licences.
EOU/EPZ/SEZ units in earthquake affected Gujarat areas are declared to have a blank year for export obligation monitoring, conditional on the relevant licences having been valid at the time of the earthquake; one year amnesty periods where granted run for the year following the event. Additionally, the Notice deletes the split licence facility, adds Chemicals and Allied Products to the Major Export Product Groups, inserts measurement/value columns into export detail tables, corrects DEPB rates and value caps for specified engineering and chemical products, updates a certification agency address, and adds a state export agency to authorised origin issuers.

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