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Securities and Exchange Board of India (Real Estate Investment Trusts) (Amendment) Regulations, 2016
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REIT amendments tighten holdco investment, sponsor group rules and disclosure while capping general purpose funding.
The amendments define holdco and sponsor group, permit investment via holdco subject to minimum ultimate REIT holding and contractual safeguards, require managerial control and voting exercise in holdco/SPV boards, mandate substantial pass through distributions from SPVs and high distribution from holdco, cap amounts for unspecified general purposes relative to funds raised, strengthen valuer qualifications and disclosure obligations including full valuation reports and due diligence certificates, and impose refund obligations with interest where listing permission is not received.
Securities and Exchange Board of India (Infrastructure Investment Trusts) (Amendment) Regulations, 2016
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InvIT regulatory amendments broaden holdco investment framework, tighten disclosure, public offering and valuation requirements for InvITs.
Amendments revise InvIT regulations to enable investments through holding companies, define "holdco" and related terms, and set governance and distribution requirements ensuring InvIT control over underlying SPVs and board appointments. They rework issuance rules to distinguish initial public offers from private placements, set minimum public allotment thresholds, mandate placement memorandum and valuation disclosures, require merchant banker and valuer involvement, restrict general purpose use of proceeds, and impose refund and listing conditions. A new Board power allows relaxation of procedural or technical requirements in specified circumstances.
Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Fourth Amendment) Regulations, 2016
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Employee reservation allotment rules amended to allow proportionate allocation of unsubscribed shares subject to a per-employee cap.
The amendment permits allocation of the unsubscribed portion of the employee reservation on a proportionate basis in under-subscription scenarios, subject to a value threshold for individual allotments and an overall per-employee maximum ceiling, thereby adding a procedural fallback to the existing allotment rules under the Issue of Capital and Disclosure Requirements.
Securities and Exchange Board of India (Employees' Service) (Amendment) Regulations, 2016.
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Subscription to pension scheme: whole-time employees to join New Pension Scheme; prior members may opt to stay in Provident Fund.
The Amendment provides that employees shall be members of the SEBI Employee's Provident Fund and bound by its Rules unless specified otherwise, and that from a specified date whole time employees joining the Board shall become members of the SEBI New Pension Scheme and be bound by the Scheme Rules; existing whole time members of the Provident Fund before that date will be given an option to remain in the Provident Fund or join the New Pension Scheme in the prescribed manner.
Requests for issue of MHA Photo ID Cards to officers working in Special Economic Zones
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MHA Photo ID Cards access restricted: SEZ applications from officials below Deputy Development Commissioner level not entertained.
Applications for issuance of MHA Photo ID Cards from officials working in Special Economic Zones will not be entertained for applicants below the rank of Deputy Development Commissioner, as directed by the SEZ Division of the Department of Commerce with approval of the Competent Authority.
Seeks to levy definitive anti-dumping duty on “Axle for Trailers” originating in, or exported from People’s Republic of China
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Anti-dumping duty on Axle for Trailers imposed to counter subsidised imports from China, with specified per-unit rates.
Imposes definitive anti-dumping duty on Axle for Trailers (tariff item 8716 90 10) originating in or exported from the People's Republic of China following findings of dumping and material injury; specifies producer- and exporter-specific per-kilogram rates in United States Dollars with a residual rate for other producers/exporters and imports involving other countries, and mandates payment in Indian currency with conversion based on the Government-notified exchange rate on the bill-of-entry date.
Rate of exchange of conversion of the foreign currency with effect from 30th November, 2016
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Exchange rate notification: amended conversion rate for South African Rand affecting import and export customs valuation.
Amendment to customs exchange rates under authority of section 14 of the Customs Act, 1962 revises the rupee conversion values for the South African Rand with effect from 30th November, 2016, substituting the Schedule-I entry in Notification No.138/2016-CUSTOMS (N.T.) to specify distinct rates of exchange for imported goods and for exported goods to be used for customs valuation and related non-tariff procedures.
Courier Imports and Exports (Clearance) Amendment Regulations, 2016
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Courier Shipping Bill CSB-V governs courier exports of specified foreign trade policy goods through mandatory structured declarations.
Courier Shipping Bill CSB-V is introduced as an additional prescribed export declaration form under regulation 6 of the Courier Imports and Exports (Clearance) Regulations, 1998. Goods specified in Appendix 3C of the Foreign Trade Policy (2015-20) must be entered in CSB-V. The form captures courier, shipment, exporter, consignee, invoice, goods classification, e-commerce and MEIS details, and requires declarations by the authorised courier regarding exporter authorisation and reliance on the exporter's declaration.
Regarding appointment of Common Adjudicating Authority
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Common Adjudicating Authority appointed to adjudicate specified customs show cause notices for named importers, consolidating adjudication.
The Board appoints a Common Adjudicating Authority under sub section (1) of sections 4 and 5 of the Customs Act to exercise powers and discharge duties conferred on the originally named adjudicating officers, thereby consolidating adjudication of the specific show cause notices listed in the notification against the named parties.
Income-tax (34th Amendment) Rules, 2016
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Reckoning of holding period clarified: immovable property counts from acquisition if deed registered; otherwise from scheme start.
The amendment prescribes that for a capital asset declared under the Income Declaration Scheme, 2016, an immovable property's holding period shall be reckoned from the acquisition date if evidenced by a deed registered with a State Government authority; in other cases the holding period shall be reckoned from the commencement of the scheme. The rules are titled Income-tax (34th Amendment) Rules, 2016 and take effect from the scheme commencement date.
Seeks to exempt Point of Sale (POS) devices and goods required for its manufacature from central excise duty till 31st March, 2017
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Excise exemption for Point of Sale devices and their components introduced with a built in sunset limitation.
Amendment adds tariff entries exempting Point of Sale (POS) Devices and all goods used in their manufacture from central excise duty by inserting serial entries 256A and 256B with nil duty rates into the Central Excise notification, and introduces a sunset proviso limiting the exemption's applicability after the terminal date specified in the proviso.
Income-tax ( 33rd Amendment) Rules, 2016
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Securitisation trust reporting: mandatory electronic filing and investor statements ensure head-wise disclosure and accountant verification.
Rule 12CC requires securitisation trusts to file a statement of income distributed to the tax commissioner and to investors by specified dates. Filings to the tax office must be made electronically in Form 64E, verified by an accountant and submitted under digital signature; investors must receive Form 64F verified by the distributor. The forms require trust identification, registration and audited accounts, a head-wise income breakdown, investor-wise allocation of distributed or deemed credited amounts, and attachments of registration certificates and audited financials. The Systems office will prescribe filing procedures and security policies.
CORRIGENDUM - Notification No. FEMA. 362/2016-RB dated February 15, 2016
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Foreign investment caps in air transport services revised; foreign airlines require government approval and regulatory and security clearances.
Revision to foreign investment policy for Air Transport Services sets sectoral ceilings and entry routes: scheduled and regional passenger airlines have a capped foreign equity limit while non-scheduled, helicopter and seaplane services are permitted full foreign investment on the automatic route, with an NRI dispensation noted. Foreign airlines may invest in cargo, helicopter and seaplane operators within limits and may invest in scheduled and non-scheduled operators up to the ceiling under the government approval route; that ceiling subsumes other foreign investments and is subject to SEBI compliance. Scheduled Operator's Permit and security, ownership, director nationality, and equipment clearance conditions apply; policy excludes Air India Limited.
Seeks to levy anti-dumping duty on the imports of Low Ash Metallurgical Coke originating in or exported from Australia and People’s Republic of China for a period of five years
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Anti-dumping duty on low ash metallurgical coke imposed with specified per-tonne rates and a five-year effective period.
Definitive anti-dumping duty is imposed on Low Ash Metallurgical Coke (excluding ash over 18%) originating in, exported from, or routed through the People's Republic of China and Australia, with specified per metric tonne rates in US dollars for various origin-export permutations. Duty is payable in Indian currency using the exchange rate prescribed by Government notification, the relevant date being presentation of the bill of entry. The measure is effective for five years from publication unless earlier revoked, superseded or amended.
Rescinds Publication of Daily List of Imports & Exports Rules, 2004- Notification No. 128/2004- Cus (N.T.) dated 19th November, 2004
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Rescission of Customs notification ends daily imports-exports publication; prior actions preserved under statutory saving clause authority.
Rescission of Notification No. 128/2004-Customs (N.T.) terminates the rule establishing publication of the daily list of imports and exports. The Central Government, invoking its authority under section 156 of the Customs Act, 1962, has declared the 19 November 2004 notification rescinded, subject to a saving clause preserving actions or omissions done before rescission.
Amendment in Principal Notification No. 12/97-Customs (N.T) dated 02.04.1997
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Customs facility designation: Jharsuguda added for unloading imported goods and loading export goods under notification amendment.
Amendment inserts item (iii) Jharsuguda against serial 6B for the State of Orissa in Notification No. 12/97-CUSTOMS (N.T.), authorising the unloading of imported goods and loading of export goods at that location; issued by the Central Board of Excise and Customs under powers of section 7 of the Customs Act and published as Notification No. 139/2016-Customs (N.T.).
Seeks to levy safeguard duty on Hot Rolled flat sheets and plates (excluding hot rolled flat products in coil form) of alloy or non-alloy steel having nominal thickness less than or equal to 150mm and nominal width of greater than or equal to 600mm
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Safeguard duty on hot rolled flat steel imports imposed with tiered ad valorem rates tied to CIF import price.
Imposes a safeguard duty on specified hot rolled flat sheets and plates of alloy and non-alloy steel, with tiered ad valorem rates for defined import periods when imports are below a CIF price threshold; rates are offset by any anti-dumping duty. Excludes imports from developing countries except China, Ukraine and Indonesia, and lists product and grade exclusions. Defines "import price on CIF basis" as the assessable value under section 14 of the Customs Act, 1962.
Seeks to amend notification No. 20/2014-ST dated 16th September, 2014 so as to provide exclusive jurisdiction to LTU-Bangalore with respect to online information and database access or retrieval services provided or agreed to be provided by a person located in non-taxable territory and received by a ‘non-assesse online recipient’.
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Exclusive jurisdiction for LTU-Bangalore over online information and database access services received by non assesse online recipients from non taxable territories.
The amendment restricts Chapter V enforcement powers for online information and database access or retrieval services provided from a non-taxable territory and received by a non-assesse online recipient to the officer specified against S.No (23) in Table 3 and his subordinates, excluding all other officers and their subordinates; it adopts the Service Tax Rules, 1994 definitions for the relevant service and recipient.
Central Government notifies the 20.234 hectares area at SAS Nagar, Mohali Punjab and constitutes a Approval Committee
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Special Economic Zone designation at SAS Nagar Mohali establishes sector-specific IT SEZ and constitutes statutory Approval Committee.
Notification designates a 20.234-hectare area in SAS Nagar, Mohali as a Special Economic Zone for Information Technology and IT Enabled Services proposed by M/s Infosys Limited; the Central Government, having granted a Letter of Approval, notifies specified land parcels by village and khasra numbers as the SEZ, constitutes an Approval Committee with listed ex officio members and a developer representative, and declares the SEZ to be deemed an Inland Container Depot under the Customs Act from the appointed date.
Special Economic Zones (Amendment) Rules, 2016
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SEZ rules amendment lengthens prescribed response period and advances reporting from first to second quarter.
Amendment substitutes the time limit in Form H Condition 7 with an extended compliance period and shifts the reference in Annexure-I item (1) from the earlier quarter to the subsequent quarter; the rules take effect on publication and are made under the Act's rulemaking power.

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