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Amendments in the Hand Book of Procedure (Vol.1), 2004-2009
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Sale of imported weapons by renowned shooters permitted after specified holding periods, subject to regulator approval.
An amendment to paragraph 2.43.2 permits persons with "Renowned Shooter" status who have held that status for three consecutive years to sell imported weapons after three years from import, and permits other "Renowned Shooter" persons to sell after five years from import, in each case subject to prior approval from the trade regulator.
Amendments in the Hand Book of Procedure (Vol.1), 2004-2009
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Export obligation schedule under EPCG modified; phased fulfilment, set off rules, digital filing and proportionate duty remedy.
Amendments require the RA to issue EPCG authorisation based on a nexus certificate from an independent Chartered Engineer and forward a copy to the Jurisdictional Central Excise Authority. Installation of capital goods must be certified to the RA by the Central Excise Authority within six months (three years for spares); non excise units may submit an independent Chartered Engineer's certificate. Export obligations are restructured into two phased blocks with 50% to be met in each block (and a separate 12 year phased schedule for high value cases); set off of excess exports between blocks is allowed, electronic filing with digital signatures is required, and proportionate customs duty with interest is payable for unfulfilled blocks.
Clarification on the facility of Export Promotion Schemes administered by DGFT
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ACU dollar equivalence to freely convertible currency - exporters with ACU$ realisation remain eligible for export promotion incentives.
Because the ACU dollar is recognised as equivalent to a freely convertible currency under central bank guidelines, exporters who realize foreign exchange in ACU$ are eligible to claim benefits under Export Promotion Schemes and associated incentive programmes administered by the Directorate General of Foreign Trade.
Clarification on the availability of benefit of DFIA scheme for physical exports to RPA countries
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DFIA scheme benefit extends to exports to Rupee Payment Area countries subject to meeting prescribed value addition criteria.
DFIA scheme benefits apply to exports to Rupee Payment Area countries provided exporters achieve the higher of: value addition prescribed under DFIA, value addition in Appendix 11 of HBP Vol. I, or value addition prescribed for the specific product under the Advance Authorisation scheme.
Extension of time limit for submission of DVAT 51 along with central statutory forms for first quarter of 2007-2008 to 31.12.2007
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Extension of filing deadline: reconciliation return DVAT 51 and original declaration forms allowed under VAT and CST rules.
Under delegated administrative authority, the Commissioner extended the deadline for filing the reconciliation return in Form DVAT 51 for the first quarter returns and separately extended the deadline for furnishing the original portion of statutory declaration forms (Forms C, D, E I/E II, F, I, J and H) relating to that quarter, regularising late submission under the Delhi VAT and Central Sales Tax procedural framework and directing departmental dissemination and publicity.
One time approval for import of Soyabean oil obtained from Round-up- Ready Soyabean
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Import approval for GM soybean oil: permitted after refining, subject to monthly import data reporting requirement.
One-time approval permits import of genetically modified soybean oil derived from Roundup-Ready soybean in crude de-gummed or refined form solely for consumption after refining, under the applicable ITC(HS) import condition. Importers must comply with a monthly reporting obligation: the solvent extractors' industry association will submit monthly import data for GM soybean oil and related products to the commerce division handling agricultural trade.
Misuse of unaccompanied baggage facility- regarding
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Misuse of unaccompanied baggage facility curtailed; bonafide baggage requirement enforced and non bonafide imports face adjudication.
Only a passenger's bonafide baggage may be cleared as unaccompanied baggage; all provisions of the Customs Act and Baggage Rules apply except free allowance, and facilitation exceptions for personal effects cannot be used to circumvent import controls. Imports not demonstrably bonafide must be adjudicated for Foreign Trade Policy violations and may attract fines and penalties; field formations must verify the bonafide nature of unaccompanied baggage at clearance.
Issue of Forms by and transfer of records to CFC
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Central Statutory Forms issuance centralized; dealers must submit registration documents and a no dues certificate before forms issued.
Centralized issuance of Central Statutory Forms is effected via a Centralized Form Cell; Assessing Authorities must forward dealers' form folders containing latest form issue sheets, authority letters, and, for new registrations, copies of local and central registration certificates and part D of Form DVAT 04. The CFC accepts applications at its counter within set hours, processes applications on the same day after verification against system records, and will require first time applicants to submit a No Dues certificate and proof of security under the CST framework with their application.
Additions in the Hand Book of Procedure (Vol.1), 2004-2009
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Export Obligation condition removed under EPCG scheme, deleting specified Handbook provisions and altering compliance requirements.
The Director General of Foreign Trade, under Paragraph 2.4 of the Foreign Trade Policy 2004-2009, deletes Paragraphs 5.7.8 and 5.8.6 of the Handbook of Procedures (Vol. I), which related to the condition for fulfillment of Export Obligation under the EPCG scheme, thereby removing those specified procedural conditions governing export obligation compliance.
Additions in the Hand Book of Procedure (Vol.2), 2004-2009
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Textile input import limits clarified: imports capped at 10% plus actual utilization or the SION quantity, whichever is lower.
SIONs permitting fabric import in square meters include an incorporated 10% wastage allowance; permitted imports are limited to the lower of (10% plus actual utilization in square meters) or the SION quantity. Actual utilization is calculated by Square Meter = Net Weight * 1000 / GSM. These rules apply to DFIA benefits.
13/2007 - 27-09-2007 Companies Law
Order of the Company Law Board under Section 141 of the Companies Act, 1956 regarding extension of time for filing documents by companies and levy of additional fee.
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Extension of filing time permits delayed charge filings to be accepted on payment of additional fee through e filing.
Central Government authority is authorised to accept registration, modification and satisfaction of charges in non disputed cases beyond prescribed filing periods by permitting filings through the MCA 21 e filing system up to a specified outer limit, subject to levy of additional fee under the statutory additional fee provision on a slab basis. Exceptions where Company Law Board jurisdiction continues include delays beyond the outer limit, rectification of the register of charges, and filings by lenders. Pending Board applications and pre effective date electronic filings remain subject to regional bench condonation.
Creation of Centralized Forms Cell (CFC)
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Centralized Forms Issuance directs CFC to issue statutory VAT forms with same day verification and processing for eligible dealers.
Creation of a Centralized Forms Cell (CFC) to issue Central Statutory Forms for Key Customer Services and Special Zone dealers from Vyapar Bhawan; Forms to be issued on working days between 10:00 am and 6:00 pm, applications accepted until 1:00 pm at the counter, and processed same day after verification of departmental system information and records.
Overseas Investments by Mutual Funds
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Overseas investment limits set obligations for mutual funds including permitted instruments, governance, disclosure and reporting requirements.
SEBI permits mutual funds to make overseas investments within an overall aggregate ceiling and a per-fund cap, and a separate ceiling for overseas ETFs, enumerating permitted instruments (ADRs/GDRs, overseas listed equity, IPOs, rated foreign debt and money market instruments, repos, government securities, exchange-traded derivatives for hedging, short-term bank deposits, and overseas mutual fund units with limits). Funds must appoint a Dedicated Fund Manager, Boards of AMCs and Trustees must undertake documented due diligence, mandatory disclosures in offer documents and half-yearly reports are required, AMCs must report performance and breaches to Trustees, Trustees must comment in half-yearly filings to SEBI, and specified prudential norms and expense disclosure rules apply; prior circulars on these matters are withdrawn and an application procedure to SEBI is prescribed.
Improving quality of the Appraisal Report
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Appraisal report standards require post-search action plans and detailed issue-based evidence to support assessment and prosecution potential.
Appraisal Reports must be supported by a Post-Search Action Plan identifying enquiries, core documents and timelines; each main issue must be framed and discussed in a self-contained narrative with corroborative evidence (including digital evidence), seized records and statements. Admissions of undisclosed income require documentary corroboration and continued inquiry. Reports must assess prosecution potential, indicate offences and applicable provisions, recommend actions where other parties or other-law contraventions are implicated, set timeframes for collateral enquiries and require timely supervisory approval and submission of supplementary findings.
Corrigendum to circular Nos. 829/06/2006-CX dated 01.05.2006, 830/07/2006-CX dated 03.07.2006 and 850/08/2007-CX dated 27.04.2007
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Warehouse location eligibility: inclusion of Kancheepuram district expands approved places for establishment and registration under excise framework.
Corrigendum corrects earlier circulars by including the district of Kancheepuram (Tamilnadu) in the list of places where warehouses may be established and registered under paragraph 2(2), and restates the full operative list of approved cities, districts and talukas for warehouse registration; trade and field formations are to be notified and acknowledgment obtained.
Overseas Investment by Mutual Funds - Liberalisation
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Overseas investment liberalisation: mutual funds permitted expanded instrument classes and higher aggregate ceiling, subject to reporting requirements.
Mutual funds registered in India may increase aggregate overseas allocations and invest in an expanded range of foreign instruments, including ADRs/GDRs, overseas listed equity, public offerings for overseas listings, investment grade foreign debt and money market instruments, repos (without borrowing), investment grade government securities, exchange traded derivatives for hedging, short term deposits with rated banks, and units of overseas mutual funds or unit trusts; monthly reporting by AD Category I banks to the Reserve Bank remains mandatory.
Overseas Direct Investment- Liberalisation
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Overseas direct investment liberalisation expands permissible overseas investment limits and eases portfolio rules for listed Indian companies.
AD Category I banks may allow overseas investments under the Automatic Route up to an enhanced ceiling calculated on the investing party's net worth as per the last audited balance sheet. Listed Indian companies are permitted to invest a larger proportion of their net worth in shares and in rated bonds or fixed income securities of listed overseas companies rated not below investment grade, and the reciprocal shareholding requirement has been removed; other conditions of the existing regulation remain unchanged.
Prepayment of External Commercial Borrowings
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Prepayment of External Commercial Borrowings permitted without prior approval, subject to minimum average maturity and review.
Authorised Dealer Category I banks may permit prepayment of External Commercial Borrowings without prior approval of the Reserve Bank, provided the minimum average maturity period applicable to the loan is complied with; the enhanced operational ceiling takes effect immediately and is subject to review, and banks must notify their constituents. The direction is issued under FEMA and does not affect other legal permissions that may be required.
Liberalised Remittance Scheme for Resident Individuals- Enhancement of limit from USD 100,000 to USD 200,000
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Liberalised Remittance Scheme expanded to permit higher annual remittances for resident individuals across permitted current and capital transactions.
The Liberalised Remittance Scheme limit for resident individuals is enhanced with immediate effect, allowing Authorised Dealer Category I banks to permit remittances up to the revised annual ceiling per financial year for any permitted current or capital account transaction or a combination thereof; all other terms and conditions in prior A. P. (DIR Series) circulars remain unchanged and amendments to the FEMA Permissible Capital Account Transactions regulations will be notified separately.
Amendments/additions/deletions/deletions/corrections in the Hand Book of Procedure (Vol.2), 2004-2009
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Standard Input Output Norms deletion: export SION entry for Processed Filtered Honey removed immediately under foreign trade policy authority.
Under powers of the Foreign Trade Policy and the Handbook of Procedures, the Director General of Foreign Trade amends the Handbook (Vol.2) to delete the SION entry E-113 Processed Filtered Honey; the SION entry is deleted with immediate effect and issued in the public interest.

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