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Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Tenth Amendment) Regulations, 2015
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Composite foreign investment cap now includes all direct and indirect investments, with debt-like instruments excluded until conversion.
Amendments clarify that Total Foreign Investment comprises all direct and indirect foreign investments made under the Regulations' Schedules; FCCBs and DRs with debt-like underlying instruments are excluded unless converted into equity, in which case resulting equity is counted. Schedule 1 provisos establish that sectoral caps are composite (including all foreign investment), set rules on minimum capitalization (including share premium only at time of issue to non-residents), confirm approval requirements where ownership or control transfers to non-residents, permit certain portfolio investments to avoid approval if they do not transfer ownership/control, and impose onus of compliance on the investee company.
Seeks to further amend Notification No.42/2001-Central Excise(N.T.) dated 26.06.2001
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Exemption from sealing allowed for unsealable goods subject to safeguards, verification requirements and limited case-by-case permissions renewable annually.
Amendment permits exemption from sealing of packages or containers for goods that cannot practicably be sealed, subject to permission by the competent customs/central excise authority and specified safeguards: verification methods including testing at removal and at export/SEZ receipt, no remission of duty for transit loss, case-by-case time-limited permissions withdrawable for misuse, and any additional safeguards the authority may impose.
Tariff Notification in respect of fixation of T V of Edible oil, Brass, Poppy seed, Areca nut, gold and Sliver
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Tariff value fixation establishes customs tariff values for edible oils, brass, poppy seed, areca nut, gold and silver.
The Central Board of Excise & Customs, exercising powers under section 14(2) of the Customs Act, 1962, amends Notification No. 36/2001-Customs (N.T.) by substituting TABLE-1, TABLE-2 and TABLE-3 to fix tariff values in US dollars for specified goods - including specified edible oils, crude soybean oil, brass scrap, poppy seeds, areca nuts, and unit values for gold and silver benefiting from entries in Notification No. 12/2012-Customs - to serve as the operative customs valuation reference.
Transfer pricing - Computation of Arm's length price - Notified percentage under third proviso to section 92C
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Arm's length price tolerance allows the actual transaction price to be treated as ALP where variation falls within notified narrow margins.
For Assessment Year 2015 2016 the actual transaction price is deemed to be the arm's length price where the variation between the arm's length price under section 92C and the actual price does not exceed the notified tolerances for wholesale trading and for other cases. Wholesale trading is defined as trading in goods where purchase cost of finished goods is at least eighty percent of total cost and average monthly closing inventory is ten percent or less of sales.
To further amend Cenvat Credit Rules, 2004, so as to allow credit of Education Cess and Secondary and Higher Education Cess paid on inputs/input services and capital goods, to be utilized for payment of service tax in specified circumstances.
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Cenvat credit utilization broadened to allow education cesses on inputs, input services and capital goods for service tax payment.
Amendment allows utilization of CENVAT credit of Education Cess and Secondary and Higher Education Cess paid on inputs, input services and capital goods for payment of service tax where inputs or capital goods are received in the provider's premises or where input service documents are received on or after the specified commencement date, and permits use of the balance fifty percent of such cesses paid on capital goods received in the preceding financial year for service tax on any output service.
Seeks to to extend the validity of notification No 108/2010-Customs, dated the 6th October, 2010 for a further period of one year
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Anti-dumping duty continuation extended for Narrow Woven Fabric from China and Chinese Taipei until 5 October 2016.
Extension of anti-dumping duty on Narrow Woven Fabric under heading 5806, originating in or exported from the People's Republic of China and Chinese Taipei, is effected by inserting a paragraph in Notification No. 108/2010-Customs to keep the notification in force up to and inclusive of the 5th day of October, 2016, following a continuation review and recommendation by the designated authority under the Customs Tariff Act and the relevant anti-dumping rules.
Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Seventh Amendment) Regulations, 2015.
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Abridged prospectus format requirement tightens disclosure and presentation standards for public issue documents, including page, font and tabular presentation rules.
The amendment substitutes Part D to require issuers to disclose material information in an abridged prospectus in the Board specified format; submit one copy to the Board; print as an A4 booklet with minimum readable font and single line spacing; position the application form so prospectus information is not mutilated on removal; use tabular formats where required; present items in the order prescribed; and provide generic non issuer information via a General Information Document.
Rescinds the sector specific Special Economic Zone for pharmaceuticals at Plot No.C-21, MIDC, Shendre Five Star Industrial Area, District Aurangabad in the State of Maharashtra
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De notification of Special Economic Zone: central rescission follows developer proposal, state no objection, and official recommendation.
Exercising delegated authority under the Special Economic Zones regulatory framework, the Central Government rescinds the prior notification authorising the sector specific pharmaceuticals SEZ at the specified MIDC plot, at the developer's request, following the State Government's no objection and the Development Commissioner's recommendation, and subject to a saving clause preserving acts done or omitted before rescission.
Rescinds the sector specific Special Economic Zone for information technology and information technology enabled services including electronic hardware at villages B.M. Kaval and Rachanamadu, Kangeri Hobli, District Bangalore in the State of Karnataka
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Special Economic Zone rescission: central government withdraws SEZ notification after proponent request and state no-objection.
Central Government rescinds the notification establishing a sector-specific Special Economic Zone for information technology and IT-enabled services proposed by M/s. Bhuvana Comforts Private Limited, following the proponent's de-notification request, the State Government's No Objection, and the Development Commissioner's recommendation; the rescission is effected under the first proviso to rule 8 of the SEZ Rules and preserves prior acts done or omitted before rescission.
Appointment of Takodara Bhikhalal Devsibhai as liquidator
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Liquidator appointment under cooperative society law: new liquidator named to continue statutory winding-up responsibilities.
Pursuant to the Multi-State Co-operative Societies Act and governing rules, Takodara Bhikhalal Devsibhai was appointed as liquidator effective from 18-09-2015 to wind up The Gujarat Industrial Co-operative Bank Limited, Ahmedabad, replacing the prior incumbent and taking over statutory winding-up responsibilities by formal notification of the Central Registrar.
The Patents (Amendment), Rules, 2015
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Patents: Rules mandate electronic filing and Indian contact details, revise fees, and create an expedited examination route with conditions.
The amendments require electronically authenticated transmission and mandate that every person and patentee furnish an Indian postal address for service, an e mail and an Indian mobile number; patent agents must send all documents only by electronic transmission. Examination procedure changes allow withdrawal of examination requests before referral, prescribe order and timelines for referral and disposal, and create an expedited examination route (Form 18A) on specified grounds subject to corroborating evidence, claim limits and affidavit requirements. Fees rules are revised with a new detailed First Schedule, limited refunds, electronic payment options and non refundability of expedited fees.
Amendment in import policy of Human Embryo classified under Exim Code 0511 99 99 of Chapter 05 of ITC (HS), 2012 – Schedule – 1 (Import Policy).
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Import prohibition on human embryo now restricted to research under health research guidelines.
Import regulation amended to prohibit the import of Human Embryo under Exim Code 0511 99 99, replacing prior allowance subject to a No Objection Certificate; imports are now "Prohibited" except for research purposes compliant with applicable health research guidelines.
Notify that the Form DP-1 shall be submitted online by all the dealers latest by 23/11/2015. The form shall be filled by dealers registered upto 30/09/2015.
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Online submission requirement for Form DP-1 mandates filing by specified deadline for all registered dealers.
Notification requires online submission of Form DP-1 by all dealers by the prescribed final date, applying to dealers registered on or before the stated registration cutoff; other provisions of the earlier notification remain unchanged and the Commissioner acts under the Delhi Value Added Tax Act, 2004.
Ministry of Corporate Affairs, Serious Fraud Investigation Office, Additional Director (Capital Market)/Joint Director (Capital Market) and Additional Director (Financial Transactions)/Joint Director (Financial Transactions) Group ‘A’ Post Recruitment Rules, 2015.
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Deputation recruitment to senior SFIO posts: professional finance qualifications and sector experience required, with fixed tenure and UPSC consultation.
The rules prescribe deputation-based recruitment to Additional Director/Joint Director posts in the Serious Fraud Investigation Office, specifying Group 'A' classification, pay matrix levels, that only one post per stream operates at a time, essential qualifications (professional finance qualifications and specified years of sectoral experience), desirable legal and evidentiary skills, deputation tenure ordinarily not exceeding five years with an upper age limit, reservation and relaxations for specified categories, a spousal marriage disqualification subject to exemption, and mandatory consultation with the Union Public Service Commission for deputation appointments.
CORRIGENDUM - NOTIFICATION NO. 78/2015, 12th October, 2015
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Corrigendum to notification corrects typographical wording and revises the previously published effective date.
Corrigendum to Notification No.78/2015 replaces the phrase "by vide" with "vide" and corrects the date "29th October,2015" to "29th September,2015" in the Gazette entry; issued as Notification No.85/2015 dated October 21, 2015 to rectify publishing errors.
Seeks to levy definitive anti-dumping duty on imports of All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non - POY), originating in or exported from the People's Republic of China and Thailand for a period of five years
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Anti-dumping duty on polyester fully drawn yarn imports imposed to prevent likely continuation or recurrence of dumping and injury.
The Central Government imposed anti-dumping duties on fully drawn or fully oriented polyester yarn (non-textured and non-POY) based on designated authority findings that cessation would likely cause continuation or recurrence of dumping and injury. Duties are specified in a table with differentiated rates by country of origin, country of export and by named producers/exporters, stated per metric ton in US dollars, with exchange rate conversion for payment in Indian currency tied to the bill of entry date.
Seeks to levy definitive anti-dumping duty on imports of Hexamine, originating in or exported from the People's Republic of China and UAE for a period of five years
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Anti-dumping duty on Hexamine imports from China and UAE imposed for a five-year period, payable in domestic currency.
Imposes definitive anti-dumping duty on Hexamine (tariff item 2921 29 10) from the People's Republic of China and UAE for five years, specifying rate(s) per metric tonne by origin/export combinations in US Dollars. Duty is payable in Indian currency with the exchange rate determined by Government notifications and the relevant date being the bill of entry presentation; imposed under section 9A of the Customs Tariff Act read with anti-dumping rules.
Seeks to levy definitive anti-dumping duty on imports of Front Axle Beam and Steering Knuckles for medium and heavy commercial vehicles, originating in or exported from the People's Republic of China for a period of five years
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Anti dumping duty continuation on axle components from China imposes per kg charges and conversion rules for importers.
Imposition of definitive anti-dumping duty on imports of Front Axle Beam and Steering Knuckles for medium and heavy commercial vehicles from the People's Republic of China following findings of continued dumping, likely recurrence of injury if duties cease, and specification of producer- and exporter-specific per-kilogram duty rates in US dollars, payable in Indian currency and converted at the government-specified rate of exchange on bill of entry.
Seeks to levy definitive anti-dumping duty on imports of Plain medium Density Fibre Board of thickness 6 mm and above , originating in or exported from the People's Republic of China, Malaysia, Thailand and Sri Lanka for a period of five years
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Anti-dumping duty on medium density fibreboard imposed to offset dumping and remove injury, with country-specific rates.
Imposes anti-dumping duty on plain Medium Density Fibre Board (6 mm and above) from China PR, Malaysia, Thailand and Sri Lanka based on findings of dumping and material injury; duties are country- and exporter/producer-specific, expressed per unit volume in US dollars, apply to exports routed via non-subject countries, are effective for a fixed statutory period unless earlier changed, and employ the lesser duty rule with exchange-rate and bill-of-entry provisions for calculation and payment in Indian currency.
Seeks to further amend notification No. 25/2012-Service Tax dated 20.06.2012
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Service tax exemption extended to business facilitators and correspondents for rural basic bank account and insurance outreach activities.
The notification substitutes and adds clauses to extend Service Tax exemption coverage to business facilitators and business correspondents performing account opening, cash deposits and withdrawals, e life certificate procurement and Aadhaar seeding for Basic Savings Bank Deposit Accounts in rural branches; it covers intermediaries to those facilitators and extends similar coverage for insurance company facilitators in rural areas. It inserts a definition of Basic Savings Bank Deposit Account per Reserve Bank guidelines and adds yoga alongside religion and spirituality in the specified exemption clause.

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