Meanwhile, SEBI has vide press release dated November 25, 2003 granted a transition period up to March 31, 2004 to those issuer companies who had issued privately placed debt securities but did not list those securities prior to September 30, 2003 (the date of the circular) to enable them to comply with the provisions of the circular.
I am directed to refer to Board’s Circular No.30-Cus, dated 4.4.2003 issued from F.No.450/30/2003 vide which self assessment scheme for accelerated clearance of import/export cargo was introduced on the pilot basis at Air Customs (both export and import) at Sahar, Mumbai , ICD , Tughlakabad, New Delhi and Chennai Sea Customs ( both import & export).
It is clarified that Rule 3(2)(d) inter- alia provides for the incorporation of average amount of duties paid, on materials wasted in the process of manufacture. In terms of proviso to this Rule, if any waste is sold, the average amount of duties on the waste so sold shall be deducted.
An issue has been raised whether the organisations who are engaged in design, development are maintenance of Software and enter into Annual Maintenance contracts for maintenance of their software, are exempt from Service Tax or not.
The Board has accepted the recommendation of the Conference and it is accordingly clarified that classification of software protection lock shall be done as discussed at para 5 above.
I am directed to say that divergence of practice regarding the classification of Thermal Camera capable of infrared imaging and measuring temperature has been brought to the notice of the Board. This item is being assessed under Customs Tariff Headings 9006.59, CTH 9027.30 or 9027.50 in different Commissionerates.
I am directed to say that divergence of practice regarding the classification of high capacity disc arrays has been brought to the notice of the Board. This item is being assessed under CTH 8471.70 as “Storage Unit” or under CTH 84715000 as a “Digital Processing unit” by different Commissionerates.
I am directed to state that instances have come to the notice of the Board that even after the completion of one month period from the due date where the amount of duty outstanding and the interest payable thereon are not paid within the due date, immediate necessary action as per law to recover such arrears is not taken by the field officers. It has also been represented to Board by Trade and Industry that in the event, the duty is not being paid by the manufacturer of the goods
Please refer to Circular No. 661/52/2002-CX Dated 11.09.2002 issued under File No. 137/8/2001-CX-4 on the subject mentioned above.
.This circular is being issued in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act, 1992 to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.
