Companies have been issuing debt securities on private placement basis from time to time. In order to provide greater transparency to such issuances and to protect the interest of investors in such securities, it has been decided that any listed company making issue of debt securities on a private placement basis and listed on a stock exchange shall be required to comply with the following:-
This circular is being issued in exercise of powers conferred by 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.
The matter has been deliberated upon and it is clarified that the second hand personal computers (PCs)/Laptops are covered under the definition of “second hand goods” and their import is governed by the provisions of Para 2.17 of EXIM Policy,2002-07 and not covered under the definition of “capital goods” as defined under Para 9.10 of EXIM Policy and Para 2.33 of Hand Book of Procedures (Vol.I). In view of this, second hand personal computers (PCs)/Laptops can also not to be permitted for import under EPCG scheme under the provisions of para 5.1 of the Exim Policy, even for service providers.
Commissioner of Customs (EP), Mumbai has brought to Board’s notice the Tribunal’s judgment in the case of M/s. Akai Impex Ltd. vs Commissioner of Customs, Mumbai [reported in 2003 (156) ELT 700 (Tri-Mumbai)]. In the said case, goods imported under the DEEC Scheme and cleared against advance licenses, without payment of duty, in terms of the provisions of Notification 204/92-Cus were sold by the importer without utilising the imported material in export production, as required in terms of the Notification conditions.
Kind attention is invited to the judgment dated 26-02-2002 of the Hon’ble Supreme Court in the case of CCE, Madurai vs T.V.S. Srichakra Ltd. and the judgment dated 27-02-2002 in the case of CCE, Delhi Vs Maruti Udyog Ltd. [2002 (141) ELT 3 (SC)]. Vide the said judgment, appeals filed by the Department were dismissed by the Hon’ble Supreme Court, upholding that the sale price realised by the assessee is to be regarded as inclusive of excise duty and therefore, in arriving at the excisable value of the goods
I have been directed to enclose copy of the Hon’ble Supreme Court order dtd. 7th July, 2003 in CA Nos. 4151-4157/2001in the case of CC, Kolkata Vs M/s. Grand Prime Ltd. & Ors [reported in 2001 (137) ELT 795 (Tri-Kolkata)].
So far as refined, bleached and deodorized (RBD) palm oil/palmolein is concerned, the same should conform to the specifications of refined vegetable oil under category A.17.15 of the Prevention of Food Adulteration Act, 1956. Such RBD palm oil/palmolein would be classified under sub-heading 15119010 of the Customs Tariff.
I am directed to refer to Board’s Circular No. 40/2002-Cus., dated 17/7/2002, on the above-mentioned subject, wherein various issues involved in finalisation of provisional assessment cases of marble imports were clarified. In the said Circular, para 2(d) contained guidelines on valuation of marble slabs and marble blocks. Subsequently, vide Circular No.45/2002-Cus, dated 23.7.2002 , it was decided that application of the para 2(d) of said Circular should be kept in abeyance.
All the Foreign Institutional Investors who do not deal in / issue Offshore Derivative Instrument against underlying Indian Securities shall submit a ‘Nil-Report’ as per Circular IMD/CUST/8/2003 dated August 8, 2003.
I am directed to refer to the notifications 69/2003-CE (NT) to 73/2003-CE (NT) all dated 15th September, 2003 on the subject cited above and to say that as a measure towards simplification of indirect tax procedures with the objective of reducing the complexities and the transaction cost, the monthly/ quarterly returns to be filed by the manufacturer of excisable goods have been reduced to a unified , single and a simplified one page return.
