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Acceptance of e-BRC of DGFT towards proof of realization of sale proceeds for exports with LEO date upto 31.03.2014 under drawback scheme
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Acceptance of e-BRC as proof of realization for specified export LEOs, subject to exporter declaration and misuse safeguards.
Acceptance of DGFT electronic Bank Realisation Certificate (e-BRC) is permitted as proof of realization for drawback claims on Shipping Bills with LEO dates from 12.08.2012 to 31.03.2014, except where specific intelligence of misuse exists. Acceptance is conditional on an exporter declaration on the reverse of the e-BRC stating that the realized value represents sale proceeds within the allowed period and confirming whether the realized value meets drawback valuation or, if short, providing a breakup of freight, insurance and commission and returning any excess drawback with interest.
Exemption from drawal of samples for the purpose of grant of drawback to the AEO certificate holders
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Exemption from drawal of samples: AEO tier ii and iii exporters relieved from sample requirement for drawback except on intelligence.
Exporters holding AEO certificates at Tier II and Tier III are exempt from drawal of samples for grant of drawback except where specific information or intelligence necessitates drawal; customs authorities must issue public notices and standing orders for guidance and report any difficulties to the Board.
Filing of online return for 3rd quarter of 2016-17 — extension of period thereof
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Extension of filing deadline for quarterly VAT returns; tax remains payable and e-filed returns need no hard copy.
The department extended the last date for filing third quarter online or hard-copy VAT returns for 2016-17 for Forms DVAT-16, DVAT-17 and DVAT-48 with required annexures under its rule-making authority; tax payment obligations under the Delhi VAT framework remain unchanged, and dealers filing with a digital signature are not required to submit a hard copy of the return or Form DVAT-56.
Container Scanning Operations and Examination revised procedures.
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Container scanning selection by IGM targeting mandates verification, scanning, and CSD NOC before seal cutting and clearance.
Containers are selected for scanning by an IGM based Targeting Module; registered stakeholders must provide authorized e mail IDs. Selected import containers must report to the Container Scanning Division for seal and container number verification against EIR or dock gate pass and be scanned on the Container Motion System. Post scan image analysis and instructions are issued to DC/Docks and DC/SIIB (Imp); scanned containers remain deemed suspicious until the Bill of Entry is filed and require DC/Docks written permission for seal cutting. No IGM amendments are permitted for selected/scanned containers without final CSD NOC.
CORRIGENDUM TO PUBLIC NOTICE NO.21/2016 Dated 21.6.2016
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Factory Stuffing Permission: exporters must approach the FSP cell to obtain the required Letter of ESP before stuffing.
The corrigendum deletes the second sentence of paragraph 5 and paragraph 7.2 of Public Notice No.21/2016. Paragraph 5 is revised to require that all exporters seeking Factory Stuffing Permission immediately approach the FSP Cell at ICD, Bangalore to obtain a Letter of ESP, thereby centralizing the procedural requirement for issuance of the Letter of ESP through the designated FSP Cell.
CORRIGENDUM TO PUBLIC NOTICE NO. 21/2016 Dated 21.6.2016
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Factory stuffing permission: exporters must obtain Letter of ESP from the FSP Cell at ICD Bangalore.
The corrigendum deletes the second sentence of paragraph 5 and restates paragraph 5 to require that all exporters seeking Factory Stuffing Permission shall immediately approach the FSP Cell at the ICD, Bangalore to obtain a Letter of ESP; paragraph 7.2 of the Public Notice is deleted in full.
Customs-Notification of FSSAl's Authorised Officer under Section 47(5) of FSS Act, 2006-Reg.
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Single-sample testing by NABL accredited labs: comprehensive reports obviate CRCL referral and provisional assessment.
Customs procedure is amended to require only one sample set for imported food, to be submitted to a NABL accredited laboratory chosen by the importer; if the NABL report covers all FSSAI, Customs Act and Notification 12/2012-Cus. parameters and meets prescribed limits, onward submission to CRCL and provisional assessment are not required.
Applicability of service tax on the services by way of transportation of goods by a vessel from a place outside India to the customs station in India w.r.t. goods intended for transhipment to any country outside India
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Place of provision rule: sea transport to customs for transhipment is not taxable as destination lies outside the domestic territory.
Under Section 66B and Section 66C and rule 10 of the Place of Provision of Services Rules, the place of provision for sea transportation is the destination of the goods; where import documentation and customs transhipment procedures identify the ultimate destination as a country outside the domestic territory and goods are transhipped accordingly, the transportation service to the customs station is not within the taxable territory and is not subject to service tax.
(a) Last date for Disabling Provisional Id and Access Token of Non-Compliant Phase 1 & Phase 2 dealers, (b) Distribution of Provisional Id and Access Token for Phase 3 dealers and (c) Last date for submission of signed Enrollment Applications.
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Provisional Id noncompliance: failure to activate and submit signed GST enrolment leads to deletion and loss of transitional benefits.
Active Phase 1 and Phase 2 dealers must collect Provisional Ids and Access Tokens, activate and complete GST enrolment including signed submission via DSC or e-Sign, by the stated deadline; failure to do so will result in permanent disabling/deletion of provisional credentials and loss of eligibility for transitional provisions, though post-GST registration remains available without transitional benefits.
Expansion of 24X7 customs clearance and clarification of levy of MOT Charges in CFSs attached to 24 X 7 ports
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24x7 customs clearance expanded to all bills of entry; MOT charges exempted for customs services in attached CFSs.
The Board extended 24x7 customs clearance to all bills of entry at designated ports and air cargo complexes and clarified that, under amended regulations, no merchant overtime fee shall be collected for services rendered by customs officers at 24x7 ports. This MOT exemption is confirmed to apply to services performed within Container Freight Stations attached exclusively to designated 24x7 sea ports, treating CFS activity as an extension of port clearance; factory stuffed containers and exports under free shipping bills are therefore not leviable for MOT in such CFSs.
Periodicity of CAS -4 certificates
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Periodic issuance of CAS-4 certificates within the prescribed deadline ensures timely provisional assessment finalization thereafter.
Requirement that a CAS-4 certificate for a financial year ending 31 March must be issued by 31 December of the subsequent financial year; cost of production of captively consumed goods must follow CAS, and assessing officers shall finalize provisional assessments expeditiously after receipt of the CAS-4 certificate.
Amendment pursuant to comprehensive review of Investor Grievance Redressal Mechanism
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Investor grievance redressal mechanism reformed to strengthen arbitration, empanelment, fund governance and interim relief procedures.
Exchanges and depositories must revamp investor grievance redressal by publicising arbitrator profiles, enabling electronic document submissions, conducting annual arbitrator reviews and training, segregating arbitration and appellate panels with prior SEBI empanelment approval, revising arbitration and filing fees to accelerate resolution, and creating shared defaulter databases. IPF and ISF governance, permissible utilisations and interest treatment are redefined with IPF Trust oversight, interim relief release rules and committee compositions specified. Exchanges must amend bye laws, notify stakeholders and implement the measures immediately.
Implementation of "Service Delivery Excellence Model" called "SEVOTTAM" in General Commissionerate of Air Cargo Complex, Mumbai
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Public grievance officer designation for Sevottam implementation at air cargo complex; stakeholders urged to lodge and escalate service grievances.
SEVOTTAM implementation at the General Commissionerate of Air Cargo Complex, Mumbai designates Ms. Varsha Kolhatkar as Public Grievance Officer, operating under the supervision of the Commissioner of Customs (General), with provided contact details for receipt and management of grievances; trade associations and stakeholders are requested to disseminate and use this grievance facility.
Clarification for determination of Place of Effective Management (POEM) of a company, other than an Indian company-reg
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Place of Effective Management exempted for lower turnover foreign companies, restricting residential status test applicability.
The provision in clause (ii) of sub section (3) of section 6 of the Income tax Act, operative from assessment year 2017 18, shall not apply to a company (other than an Indian company) that has turnover or gross receipts of fifty crores or less in a financial year, thereby exempting lower turnover foreign companies from the POEM based residential status test.
Grant of on line Registration under DVAT and CST
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Online registration process: real time PAN verification enables issuance of a digitally signed registration certificate after ward officer approval.
Applicants must submit PAN and contact details for real time PAN verification; on successful verification credentials are issued same day to file the DVAT/CST application, pay fees online, and upload scanned documents for examination by the ward VAT Officer. After VATO approval a digitally signed Registration Certificate/TIN is downloadable preferably within one day without VATI verification; bank account details in the application are optional but must be provided before filing the first return.
Classification of articles of paper and printing industry- regarding
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Classification of paper and printing products clarified: printed items that impart essential character treated as printed documents, others remain paper goods.
Classification is clarified by applying the General Rules for Interpretation, chapter notes and HSN explanatory notes to distinguish items where printing imparts essential character or where documents function as formal, validated instruments from items whose printing is merely incidental and intended for further writing; tickets, ticket rolls, OMR sheets, application forms, certain inland letter cards, strip seals and security-numbered receipts are classified as printed articles or documents of title, while answer books, passbooks and plain practical notebooks intended for manuscript completion remain within paper headings.
Periodicity of CAS-4 certificates
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Periodicity of CAS-4 certificates: issue by the year-end following the financial year to allow assessment finalisation.
CAS-4 certificates must be issued to reflect cost of production for captively consumed goods in accordance with CAS-4 methodology; certificates for a financial year ending 31 March are required to be issued by 31 December of the next financial year, after which provisional assessments will be finalised.
Prudential limits in sector exposure for Housing Finance Companies (HFCs)
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Prudential sector exposure for housing finance companies expanded, permitting additional investment subject to AA and NHB registration.
SEBI permits additional exposure to Housing Finance Companies within the financial services sector for debt schemes by allowing an increased incremental allocation while maintaining the 25% sectoral limit (subject to specified exclusions). The additional exposure is allowed only for securities rated AA and above issued by HFCs registered with NHB, and total investment in HFCs shall not exceed 25% of scheme net assets. Appropriate SID and KIM disclosures are required and the change is effective immediately.
Procedure for clearance of Unaccompanied Baggage in the Indian Customs EDI System (ICES 1.5 System) at the Unaccompanied Baggage Section, Mangaluru- reg.
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Unaccompanied baggage EDI filing now mandatory; electronic Baggage Declaration required and EDI-driven clearance procedure enforced.
Implementation of Electronic Data Interchange requires mandatory electronic filing of the Baggage Declaration Form by passengers or authorised Customs Brokers at the service centre, which issues a printed checklist and location slip to move packages to the Customs Examination Area. Inspectors reconcile entries in the EDI system and forward routine cases to Superintendent (UB) for assessment. Escalated assessment by Assistant/Deputy Commissioner (UB) is required for transfer-of-residence claims, high-value consignments, and goods imported in contravention of law. After assessment and bank payment of duties, Superintendent (UB) endorses out-of-charge and the custodian issues gate passes on payment of handling charges; certain supporting documents remain manual.
01/2017 - 22-02-2017 Companies Law
Section 391 (2) closure of place of business by a Foreign Company. — req.
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Closure of foreign company place of business: applies only where the company issued a prospectus or IDRs.
The mutatis mutandis application of Chapter XX to closure of a foreign company's place of business in India is confined to foreign companies that have issued a prospectus or Indian Depository Receipts (IDRs) pursuant to the capital raising regime applicable to foreign issuers.

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