I may invite your attention to the Supreme Court’s Larger Bench judgement in the case of Commissioner of Customs & Central Excise Vs. Hongo India Pvt. Ltd. [2009 (236) E.L.T 417 (S.C)] wherein it has been held that the High Court has no power to condone the delay in filing the “reference application” filed by the Commissioner under unamended Section 35H(1) of the Central Excise Act, 1944 beyond the prescribed period of 180 days. The Board has taken up the matter with Law Ministry for filing Review Petition in the Supreme Court.
In case the DEPB Entry Serial Number is changed by the Regional Authority, thereby reducing or retaining the DEPB rate at the same level as that endorsed in the shipping bill, the matter need not be brought before DEPB Committee, and such DEPBs will be sent with Flag ‘M’ by DGFT Hqrs and accepted by the Customs authorities.
The Securities and Exchange Board of India (SEBI) vide circular ref. no. MRD/DoP/Cir-05/2007 dated April 27, 2007 made PAN the sole identification number for all participants transacting in the securities market, irrespective of the amount of such transaction.
The matter has been examined in detail. It is clarified that “Agricultural Products covered under Chapter 1 to 24 except 6(a) to 6(f) listed in Policy Circular 10 (Re2008) dated 5.6.2008.”as listed at Sr. No. 6 of Policy Circular 10(RE2008) dated 5.6.2008 and endorsed on the Duty Credit Scrips issued under Target Plus Scheme, are permitted only when nexus with exported products is clearly established.
It is clarified that the condition of ‘nexus with product group exported’ is mandatory in terms of Para 3.2.7.1(vi) read with Para 3.2.6A – II of Handbook of Procedures Vol. 1 (RE2003). All RAs to ensure that this condition is endorsed on Duty Credit Scrips being issued or if and when submitted for revalidation; and Customs to ensure that the condition of ‘nexus with product group exported’ is fulfilled while permitting imports.
A harmonious reading of the above provisions indicates that the provisions of Section 47 (1) are applicable to the goods entered for home consumption by filing a bill of entry accordingly, and the interest liability for delayed payment of duty after the return of Bill of Entry is attracted on import duty as assessed under Section 47 (1) on such goods.
A copy of this circular is available at the web page “F.I.I.” on our website www.sebi.gov.in. The custodians are requested to bring the contents of this circular to the notice of their FII clients.
General Manager, Division of Foreign Institutional Investors & Custodians, INVESTMENT MANAGEMENT DEPARTMENT Cir No. IMD/FII & C/ /2009 Dated :May 12, 2009 To All Foreign Institutional Investors through their designated Custodians of Securities Dear Madam/Sir Sub: Allocation methodology of debt investment limits to FIIs 1. Please refer to SEBI circular IMD/FII & C/37/2009 dated February 06, 2009 providing […]
These guidelines supersede the earlier instructions issued vide Circular No.818/15/2005-CX from F.No.224/1/2005-CX.6 dated 15th July, 2005 and Circular No.249/83/96-CX issued from F.No.206/1/96-CX.6 dated 11.10.96. These guidelines seek to explain the content of the Return Scrutiny Manual,
As the banks shall not be accepting returns or the corresponding tax payments from such dealers and as they shall not be able to get themselves registered for e-services, their physical returns shall be accepted by the Sales Tax Department.
