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Circulars
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08/2008-09 - 07-10-2008 Central Excise
Regarding annual installed capacity statement namely ER-7 and notifications issued in this regard.
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Annual installed capacity statement ER-7: strengthened mandatory reporting and expanded disclosure to enhance tax compliance.
The Central Government mandated an annual installed capacity statement, ER-7, to be filed by every assessee for each financial year by the prescribed deadline and expanded small scale exemption declarations to include PAN, VAT registration and electricity connection details. It also amended criteria to require ER-4, ER-5 and ER-6 filings for assessees whose aggregate duty outgo exceeds the notified threshold, with ER-4 providing annual financial details and ER-5/ER-6 reporting principal inputs and their monthly consumption. The notifications authorize collection of information from third parties or manufacturers to detect tax evasion and promote voluntary compliance.
Eligibility criteria for introduction of derivatives on shares
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Derivative eligibility criteria: Exchanges may list derivatives on shares meeting prescribed criteria regardless of listing date or issue size.
Exchanges may introduce derivatives on shares that satisfy the eligibility criteria in the Circular dated July 16, 2004 irrespective of the shares' date of listing or size of the issue; the earlier arrangement linking introduction at listing to a specified net public offer threshold is superseded. The circular is issued under sub section (1) of section 11 of the SEBI Act to protect investors and to promote and regulate the securities market.
Amendment in Appendix 5 (LIST OF INSPECTION AND CERTIFICATION AGENCIES)
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Delisting of inspection and certification agencies: certain firms removed from Appendix 5 under the Foreign Trade Policy, affecting eligibility.
Under paragraph 2.4 of the Foreign Trade Policy 2004-09, a public notice amends the Handbook of Procedures (Vol. I) by delisting specified entities from Appendix 5 (List of Inspection and Certification Agencies), naming Alex Stewart International (Australia) Pvt. Ltd. and Interglobe Marine Consultants; the amendment is recorded as issued in public interest and constitutes an administrative change to the roster of recognized inspection and certification agencies.
Show cause notice — Waiver of, on payment of Service tax with interest
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Voluntary payment of service tax with interest bars a show cause notice if timely notified, except for fraud or collusion.
Immediate voluntary payment of service tax with interest, made on the assessee's own ascertainment or ascertained by a Central Excise Officer and notified in writing to the Officer, prevents issuance of a show cause notice for the amount so paid; however the Officer may determine any unpaid balance and recover it, interest applies to payments and determined shortfalls, and the waiver does not apply where short payment or refund results from fraud, collusion, wilful misstatement, suppression of facts or intent to evade tax.
Manual processing of refund in the cities where refund banker scheme is operational
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Manual processing of refunds permitted where refund banker scheme technical issues impede ITR 5 filings, enabling manual handling.
Manual processing is authorized for refund cases in cities where the refund banker scheme is operational when technical problems prevent assessing officers from processing ITR-5 filings that include a fringe benefit tax component; for the assessment year 2007-08 such cases may be processed manually.
Order under Section 119 of the Income Tax Act, 1961 - Extension of due date of filing income tax returns for Sikkim
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Extension of tax return deadline for non-Sikkimese residents in Sikkim due to delay in instruction issuance.
The Board, exercising its administrative power, extends the filing deadline for returns due 31st July, 2008 to 31st October, 2008 for non Sikkimese assessees residing in Sikkim for assessment year 2008 09, on account of delay in issuance of Instruction No.8/2008.
Shifting of a vessel to outer anchorage without port clearance
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Shifting to outer anchorage without port clearance permitted case by case subject to application, terminal permission and customs undertaking.
Permission to shift a vessel to outer anchorage without immediate Port Clearance is allowed on a case by case basis provided the Shipping Agent submits the Annexure A application to the Boarding Officer, encloses terminal permission, and obtains processing by the Assistant Commissioner (Preventive General). The operator must undertake to discharge all legal liabilities and complete documentation, ensuring valid Port Clearance is obtained before sailing if the ship departs from outer anchorage; bonded stores and Customs seals must remain intact until reberthing and final Port Clearance.
Drawing of export samples of basmati rice and PUSA 1121 non Basmati Rice for variety identification purposes- Notification No 39 dated 16.9.2008 - Procedure regarding
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Varietal identification controls allow export after sampling; discrepancies must be reported to authorities for remedial action.
Exports of specified Basmati and PUSA 1121 non Basmati rice are allowed subject to varietal identification based on grain length and grain length to breadth ratio. Customs may draw random samples and send them to AGMARK testing centres, but will not detain consignments pending test reports. Discrepant test results must be reported to the Zonal Joint DGFT and DGFT Headquarters for remedial action.
Extension of time for submission of DVAT-51 and furnishing of Central Declaration Forms for the third quarter of the year 2007-08 (up to 20th November 2008) & first quarter of the year 2008-09 (up to 20th December 2008)
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Extension of time for VAT reconciliation and central declaration filings, granting short-term deadline relief for specified quarters.
The Commissioner extends the time for filing the reconciliation return in Form DVAT-51 and for furnishing the portion marked 'original' of Declaration Forms C, E-I/E-II, F, I, J and H under the Delhi VAT Rules, the Central Sales Tax Act and the Central Sales Tax (Registration and Turnover) Rules, specifying short-term deadlines for the referenced quarters and directing departmental dissemination and publicity of the order.
Order under Section 119 of the Income Tax Act, 1961 - Extension of due date of filing income tax returns and tax audit reports for Orissa
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Extension of filing deadline for tax audit reports and income tax returns following flood disruption in Orissa.
The Central Board of Direct Taxes, under Section 119, extended the due dates for assessees in Orissa affected by floods for obtaining a tax audit report and for filing income tax returns, postponing the original filing and audit deadlines to a later date specified in the Board's order.
Annual installed capacity statement - ER-7 form notified
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Annual installed capacity reporting ER-7 required; enhanced declarations and data checks to detect production underreporting.
The Central Government mandated the annual installed capacity statement ER-7 to be filed by every assessee for each financial year, required enhanced declaration details for units availing small scale exemption (including PAN, VAT registration and electricity connection) and directed field formations to obtain electricity-consumption data from distribution companies to verify production declared in monthly excise returns. Filing criteria for ER-4, ER-5 and ER-6 were tightened to make them mandatory for assessees whose aggregate duty liability exceeds the prescribed threshold, enabling regular analysis of third party and return data to detect evasion.
Tax Deduction at Source – Income Tax deduction from Salaries under section 192 during the Financial Year 2008-2009
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Tax Deduction at Source: Employers must compute and deduct tax from salary payments and remit timely using prescribed forms.
Employers must, under section 192, estimate employees' salary income including taxable perquisites, calculate tax at prescribed slab rates and deduct tax on average at each payment; employers may opt to pay tax on non monetary perquisites which is treated as TDS, and deductors must obtain/quote TAN and ensure deductee PAN, issue Form 16/Form 16AA and Form 12BA where applicable, file quarterly electronic TDS returns, apply valuation rules for perquisites and allow specified deductions and exemptions only after verification, with penalties and interest for non compliance. Arrears are subject to TDS only when paid.
MRP based CVD on radial/non radial tyres- reg.
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MRP-based valuation on pre-packed tyres confirms additional duty under Central Excise Act applies only to pre-packed retail sales.
MRP-based valuation and additional duty on tyres and tubes apply only when goods are cleared or imported in pre-packed form intended for retail sale, triggering mandatory retail price declaration under the Standards of Weights & Measures rules; unpacked tyres and tubes are assessed under ordinary valuation, but subsequent pre-packing for retail is treated as manufacture and attracts MRP-based Central Excise duty at clearance.
7/2008-09 - 26-09-2008 Central Excise
SSI Exemption on to branded packing goods, diaries etc.
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SSI exemption on branded packaging and diaries prompts publicity among trade members regarding applicable relief.
Notification communicates a Ministry of Finance letter regarding a SSI exemption on branded packing goods and diaries, and directs Trade Associations, Chambers and Regional Advisory Committee members to publicize the enclosed communication among their constituents; issued by the Joint Commissioner, Central Excise & Customs, Vapi.
Exim Bank's Line of Credit of USD 20 million to Government of the Republic of Mozambique
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Line of Credit enables financing of eligible exports for technology transfer, subject to Indian-content and FEMA compliance.
A Line of Credit from Exim Bank to Mozambique finances eligible exports and consultancy for water drilling technology transfer; at least 85 per cent of contract value (excluding consultancy) must be supplied from India, with the balance permissible from outside India. The Credit Agreement fixes windows for opening Letters of Credit and disbursement for project and supply contracts. Shipments must be declared on GR/SDF forms. No agency commission is payable under the facility, though exporters may use their own funds or EEFC balances to pay commission in free foreign exchange subject to AD Category I bank compliance. Directions are issued under FEMA without prejudice to other statutory approvals.
Deferred Payment Protocols dated April 30, 1981 and December 23, 1985 between Government of India and erstwhile USSR
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Special currency basket revision adjusts rupee conversion value, requiring authorised banks to update compliance and notify constituents.
Revision of the special currency basket rupee value under the Deferred Payment Protocols notifies Authorised Dealer Category I banks of a revised rupee conversion value effective from the implementation date; banks must inform constituents and apply the revised conversion for relevant transactions. The direction is issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 and is without prejudice to other required permissions or approvals.
Authentication of supply invoice by the Central Excise Authorities for Claiming Deemed export benefits- reg.
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Authentication of supply invoices: central excise endorsement required for deemed export benefits; registered recipients must notify and allow verification.
For claiming deemed export benefits, registered recipient units must notify the jurisdictional Superintendent of Central Excise, obtain a dated acknowledgement, and permit physical verification within five working days; if invoice details match, the Superintendent shall endorse the invoice or statement immediately but not later than twenty one days from the date of supply or receipt of intimation. Unregistered recipients may provide a certificate from a Chartered Accountant or Chartered Engineer; Central Excise officers need not issue certificates in such cases.
Issue of installation certificate for the capital goods imported/ procured locally under EPCG scheme- procedure- reg
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Installation certificate requirement for EPCG capital goods: deemed installation if certificate not issued within the statutory period.
Authorisation holders under the EPCG scheme must notify the jurisdictional Superintendent of Central Excise with EPCG authorisation and ANF 5A and obtain dated acknowledgement; the Superintendent shall verify installed capital goods against the authorisation and application and, if details are in order, issue an installation certificate immediately and in any case within thirty days of intimation, failing which installation at the declared address is deemed. Units unregistered with Central Excise must produce a Chartered Engineer's certificate. Discrepancies require recall of acknowledgement and escalation to Assistant/Deputy Commissioner, Commissioner of Customs and the Regional Licensing Authority.
Applications Supported by Blocked Amount (ASBA) facility in Rights Issues
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ASBA facility in rights issues: shareholders may apply via blocked bank funds pending registrar validation and allotment.
Extension of ASBA to rights issues allows eligible shareholders on the record date who hold dematerialised shares, have not renounced entitlements, and apply through SCSB-linked bank accounts to select ASBA on the application form; the SCSB blocks the specified application money and transmits application data to the Registrar, who validates applications, finalises the basis of allotment, and instructs release of funds to the issuer only after confirming prescribed minimum subscription under applicable guidelines.
Waiver of interest u/s 234B & 234C in search cases where adjustment out of cash lying in the P.D.A/c is delayed for no fault of the assessee
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Waiver of interest where PDA adjustment delay is not the assessee's fault; superseding order withdraws earlier reiteration
Waiver of interest is permitted in search cases where adjustment from cash in the Provisional Deposit Account (P.D.A.) is delayed for reasons not attributable to the assessee; a 2006 Board order supersedes the earlier order and a later reiteration of the superseded order has been withdrawn.

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