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    News
    All› Customs, DGFT & SEZ › Customs, DGFT & SEZ - 2009
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    November 30, 2009
    Tariff value of edible oils, brass scrap and poppy seeds notified
    Show AI Summary
    Tariff values notified for edible oils, brass scrap and poppy seeds, updating import valuation regime.
    Notification No.176/2009-Customs (N.T.) dated November 30, 2009 notifies tariff values for specified imported commodities for customs valuation, listing US dollar per metric tonne rates for various edible oils (noted as largely unchanged), Brass Scrap (all grades), and Poppy Seeds in the tabular schedule for use in import assessment.
    November 28, 2009
    Export registers 6.6% decline in October 2009 - FDI AT US $ 15.3 BILLION DURING APRIL-SEPTEMBER 2009
    Show AI Summary
    Export stabilization signals improved external demand; FDI inflows remain strong and industrial growth revival gains momentum.
    October 2009 exports showed a moderated decline of 6.6% year on year, with certain sectors sustaining growth and several previously depressed commodities recording positive month on month turnaround. Labour intensive and manufacturing categories exhibited reduced contraction rates, while software exports showed no decline. The release attributes improvement to government Budget and Foreign Trade Policy support measures. Concurrently, FDI inflows for April-September 2009 were comparable to the prior year period, international reports rank India as an attractive FDI location, and industrial production registered robust recovery in September 2009.
    November 25, 2009
    Foreign Trade Policy
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    Foreign Trade Policy promotes market diversification and fiscal incentives to reverse export decline and expand India's share in global trade.
    The Foreign Trade Policy establishes a framework to stabilise and reverse export decline and to expand the country's share in world trade by combining fiscal incentives, procedural rationalisation and enhanced market access to promote sectoral support and market diversification; early indicators cited a reduced rate of export decline attributed to the Policy and accompanying stimulus.
    November 17, 2009
    17 FDI proposals approved
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    Foreign direct investment approvals and deferrals across sectors, with high value proposals referred for higher level clearance.
    Seventeen FDI proposals were approved across sectors for equity issuances, warrants, joint ventures, expansions and scheme based allotments, with some approvals involving no fresh inflow and others subject to policy constraints such as Press Note 1 of 2005. Twelve proposals were deferred due to sectoral sensitivities including retail single brand, insurance, defence manufacturing, telecom share transfers and structural conversions. Five proposals were rejected for involving non cash consideration or impermissible issuance mechanisms; two proposals were noted as court sanctioned mergers/demergers, and two high value proposals were referred to the Cabinet Committee on Economic Affairs for clearance.
    November 11, 2009
    HC ruling on change in customs duty
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    Commencement of customs duty: duty takes effect on the notification date, not on policy publication.
    Commencement of a revised customs duty is governed by the date of issuance of the implementing notification rather than by the date of publication of a broader trade policy; until such notification is published the prior duty rate remains applicable.
    November 11, 2009
    Customs, Central Excise and Service Tax Figures for October 2009
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    Tax revenue collections decline in aggregate, showing reduced year on year growth and varied Budget Estimate achievement.
    Provisional October 2009 collections present month and April-October receipts for Customs, Central Excise and Service Tax against prior-year figures and Budget Estimates, showing year-on-year declines in aggregate receipts, differences in percentage of BE achieved across heads, and noting that excise data exclude a cess not administered by the Department of Revenue.
    November 11, 2009
    Import of sensitive items during April-August 09
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    Import of sensitive items rose significantly, altering their share of total imports and shifting major source-country patterns.
    Import of sensitive items rose substantially in April-August 2009, increasing their share of total imports as gross imports fell; edible oils, pulses, fruits and vegetables, rubber, spices, marble and granite, tea and coffee, milk products and food grains showed increases while automobiles, cotton and silk, SSI products and alcoholic beverages declined. The edible oil surge was driven chiefly by higher imports of crude palm oil and its fractions, and source-country patterns shifted with increases from several countries and decreases from others.
    November 7, 2009
    Export of Services - Whether mere receipt is convertible foreign exchange is sufficient to hold that service has been exported and not liable to service tax? - Part 2 (Decision of High Court)
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    Export of services: tribunal pre-deposit upheld where performance, consumption, and remittance links to India raise triable issues.
    Whether receipt in convertible foreign exchange suffices as export of service for exemption from service tax turns on contractual performance, destination and consumption of services, and commercial activities in India. The tribunal imposed a conditional pre-deposit pending appeal, and the High Court declined to interfere, noting triable issues-mutual service obligations, Indian consumers as payors, and remittance routing-that require adjudication by the tribunal.
    November 7, 2009
    Export of Services - Whether mere receipt is convertible foreign exchange is sufficient to hold that service has been exported and not liable to service tax? - Part 1 (Decision of Tribunal)
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    Export of services: receipt in convertible foreign exchange insufficient to treat services as exported when benefits are consumed in India.
    The tribunal considered whether business auxiliary, marketing and support services supplied by an Indian subsidiary to foreign principals qualify as export of services under the Export of Services Rules, 2005. Although the Rules and Board guidance recognise recipient location and receipt in convertible foreign exchange as relevant, the tribunal concluded that where the ultimate benefit and consumption of the services occur in India the services are performed in India and do not meet the export criteria.
    October 28, 2009
    Taxes in India and Constitutional Provisions
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    Distribution of taxation power clarifies legislative competence and legal limits on taxation authority under the constitution.
    The constitutionally mandated distribution of taxing power allocates legislative competence among Parliament and State Legislatures via the Union, State and Concurrent Lists in the Seventh Schedule, with specific tax subjects assigned to each List. The principle that taxes may be levied only by authority of law imposes a legal prerequisite on tax imposition. Amendments changing fiscal allocations or the Lists require the constitutional amendment procedure with additional state ratification for specified categories.
    October 8, 2009
    Import of sensitive items during April-July 09
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    Import of sensitive items rose significantly, increasing their share of gross imports and driven by edible oil imports.
    Import of sensitive items rose by 34.5% in April-July 2009, increasing their share of gross imports from 2.7% to 4.7%. Automobiles, small-scale industry products and alcoholic beverages declined, whereas edible oil, pulses, fruits and vegetables, cotton and silk, rubber, spices, marble and granite, milk products, tea and coffee and food grains increased. Edible oil imports surged, driven mainly by higher crude palm oil and its fractions. Imports rose from suppliers such as Indonesia, Myanmar, the United States and Malaysia, and fell from China, Korea, Japan, Germany and the Czech Republic.
    September 23, 2009
    13 FDI Proposals approved
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    Foreign direct investment approvals and regulatory regularisations announced, including ex post approvals, waivers, and deferred proposals.
    Government approved thirteen FIPB recommended proposals covering fresh foreign equity inductions, issuance of shares and warrants, ex post facto regularisations of prior foreign participation, issuance against non cash consideration and advances, and waivers or amendments of capitalisation and approval conditions. Eight proposals were deferred pending further inputs; two were rejected for seeking capitalisation relaxations and impermissible foreign fund investments; one conversion to an operating cum holding company for downstream investment was noted without fresh inflow.
    September 15, 2009
    Tariff value of edible oils, brass scrap and Poppy seeds notified
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    Tariff value notification for import commodities clarifies valuation basis for edible oils, brass scrap and poppy seeds.
    Notification sets tariff values in US dollars per metric tonne for specified imported goods-various edible oil categories (noting no change for several items), brass scrap (all grades), and poppy seeds-providing commodity-specific valuation benchmarks to be applied for customs assessment and import valuation purposes under the listed chapter headings and tariff items.
    September 8, 2009
    Govt determined to revert to the path of fiscal consolidation at the earliest: FM
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    Fiscal consolidation urged as CBEC must adopt innovative measures to address indirect tax revenue shortfall.
    The Finance Minister urged restoration of fiscal consolidation and directed CBEC to adopt innovative measures to address a pronounced decline in indirect tax receipts, while redefining Customs and Central Excise roles toward trade facilitation, expansion of Service Tax, reduction of dwell time, and enhanced use of IT and Risk Management Systems to improve compliance, curb smuggling, and prepare administratively for implementation of a dual GST.
    September 7, 2009
    FDI into SSI/ MSE and in Industrial undertaking manufacturing items reserved for SSI/MSE – Clarification
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    Foreign investment in micro and small enterprises permitted subject to sectoral caps and entry route conditions.
    FDI in micro and small enterprises is permitted subject only to sectoral equity caps, entry routes and relevant sectoral regulations following the MSMED Act; Press Note 18 (1997) is modified accordingly. Industrial undertakings that are not MSEs but manufacture items reserved for the MSE sector must obtain an Industrial Licence and undertake to export a significant share of new or additional annual production within a set period, and require prior government approval when foreign investment exceeds the automatic route threshold.
    September 3, 2009
    8 FDI Proposals approved
    Show AI Summary
    Foreign direct investment approvals: cleared, deferred, rejected, withdrawn, and one referred for higher-level consideration in varied sectors.
    Eight foreign direct investment proposals were approved while seven were deferred, one rejected, one withdrawn, one advised to approach the sectoral regulator, and one recommended for higher level consideration; approved transactions included non cash consideration mechanisms (share allotments for machinery or pre incorporation expenses), share swaps, convertible warrants, and increases in foreign equity, and one matter was subject to a judicial direction to hear both parties before final communication of decision.
    September 2, 2009
    Regarding undervaluation in the imports of branded glassware by M/s Swastik Stockists and Traders Private Limited, a Kolkata based importer
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    Undervaluation of imports prompts seizure, valuation comparison and interim duty payment amid ongoing customs investigation.
    Undervaluation in import declarations of branded glassware by a Kolkata importer prompted search, seizure and document recovery showing routings through a Hong Kong trader and declared values substantially lower than those reported by the domestic distributor; seized stock and preliminary estimates indicated import duty evasion, the importer admitted undervaluation and paid an interim deposit while investigation continues.
    September 2, 2009
    Regarding smuggling racket of red sanders
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    Prohibited export seizure of red sanders: containers intercepted, goods seized under customs law and suspect arrested for smuggling.
    DRI Kolkata intercepted two export containers declared as ductile iron castings but found stuffed with logs believed to be Red Sanders, seized under the Customs Act as a prohibited export under the Foreign Trade Policy. An individual apprehended admitted transporting and delivering the wood, was identified as a mastermind of a smuggling racket, arrested and remanded, and further investigation into the export facilitation network is ongoing.
    September 1, 2009
    Tariff value of edible oils, brass scrap and poppy seeds notified
    Show AI Summary
    Tariff value notification sets import values for edible oils, brass scrap and poppy seeds affecting customs valuation.
    The Department of Revenue notified per metric tonne tariff values for specified commodities to guide import valuation: multiple edible oil categories (Crude Palm Oil; RBD Palm Oil; other Palm Oil; Crude Palmolein; RBD Palmolein; other Palmolein; Crude Soyabean Oil) are recorded as unchanged, while Brass Scrap (all grades) and Poppy Seeds have prescribed tariff values to be applied for customs assessment.
    August 12, 2009
    BOA grants two formal and one in-principle approvals
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    SEZ approvals: formal and in-principle project sanctions plus delegation to Unit Approval Committee for default operations.
    The Board of Approval granted Formal Approvals for two SEZ projects and one In-Principle Approval for a Solar SEZ, approved nine co-developer statuses, decided to enlarge the list of default operations, and authorised the Unit Approval Committee to approve default operations, with a notification to be issued.

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      Regarding smuggling racket of red sanders

      September 2, 2009

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      Regarding smuggling racket of red sanders

      DIRECTORATE OF REVENUE INTELLIGENCE

      KOLKATA ZONAL UNIT

      8, HO CHI MINH SARANI, KOLKATA-700071

      PRESS RELEASE

      Based on a specific intelligence, the officers of DRI. Kolkata Zonal Unit intercepted two Containers on 27.08.09 at Haldia Dock reported to be carrying export consignments of M/s Linkers India, Sitarampur, Asansol consigned to M/s Ghulam Hamdan Sajwani Trading Est, Dubai, UAE and was about to be loaded in vessel named Noble. The commodity declared in the export documents was 'Ductile Iron Castings (Rough / Machined)'. Both the containers were found sealed with Central Excise Seals. On examination, the containers were found to be stuffed with Red coloured logs of wood of assorted size believed to be of Red Sanders wood. The combined total weight of the logs stuffed in the two containers was found to be 13580 kgs valued at Rs. 5432000/- which was seized under Customs Act, being a prohibited item for export under prevailing Foreign Trade Policy. Later on, one person named Jaffar Ali Khan, a resident of Chennai / Manipur was nabbed from a hotel at Kolkata and interrogated at length. On interrogation, he admitted that he carried the wood from Andhra Pradesh and gave delivery at a place near Dankuni (Hooghly, West Bengal). On preliminary investigation, it was found that Jaffar Ali Khan is one of the masterminds of running the smuggling racket of red sanders and in the past had facilitated in illegally exporting several consignments of red sanders to other countries. He was ultimately arrested on 29/08/2009 and was remanded in judicial custody till 11/09/09 by Ld. Chief Metropolitan Magistrate. Kolkata. Further investigation is under progress.

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