Goods and Services Tax

Service Tax – TN No. 52/2005 Madurai – Dated:- 13-6-2005 – Service Tax – Centralized registration to be granted by DGST OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE :: MADURAI-2. TRADE NOTICE NO. 52 / 2005- STU, DATED: 13-06-2005. SERTVICE TAX NO. 12/ 2005 Sub: Service Tax – Centralized registration to be granted by DGST The contents of Directorate General of Service Tax s F.No. V/DGST/(21)/CR/1/2005 Mumbai, dated 9.06.2005 is communicated herewith for information, guidance and necessary action, to follow uniform practice ,for granting Centralized Registration in terms of Rule 4(3)(b) of Service Tax Rules, 1994 (communicated vide this office Trade Notice NO. 47/2005 – STU dated 26.05.2005. In order to ensure that a uniform practice is adopted to grant such permission the following guidelines are issued: (1) A check list of information/Documents to be submitted along with ST-1 application for the assessees seeking centralized registration has been formulated .(copy enclosed – Annexure

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Commissioner, under intimation to the Zonal Chief Commissioner, will forward such verifications report to the office of Directorate General of Service Tax for grant of centralized registration; (6) The DGST on receipt of such verification report, will examine and grant permission for centralized registration. The same would be intimated to the jurisdictional Commissioners as well as the Zonal Chief Commissioners; (7) The Commissioner would then issue the Centralized Registration and intimate the same to the concerned persons (applicants) as well as Directorate General of Service Tax and Zonal Chief Commissioner in format already prescribed; The Registration Number will be invariably issued in the following format: ST/ CENT / COMMISSIONERATE / DIVISION / SERVICE CATEGORY (Abbreviated forms as used in SERMON Software to be adopted) / Sr.No./ year. The main objective of adopting such a uniform Registration Number is to easily identify the location of centrally registered assessees; This

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ctional Central Excise/ Service Tax Commissionerate. (10) Bank account numbers of the branches and the central office through which the receipts are deposited / transacted. (11) List of branches, offices or premises of the assessee along with postal addresses, e-mail addresses and telephone Nos. and the name of the persons in-charge at each premises. (12) Brief note on accounting system adopted by the assessee clearly indicating method of accounting at Central Office in respect of services rendered by branch offices and method of detecting errors in the data sent by the branches so as to ensure that no transaction remained unaccounted. An Undertaking to be given by the assessee to make available the required information, records and data within 10 days, to the Audit team at the time of audit of Service Tax records. (13) List and description of records maintained at the branches and the premises where such centralized registration is required (separate list should be attached) (14) List

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V/DGST/3-GTO/02/05 Dated:- 11-4-2005 Circular – Circulars – Service Tax – Goods transport agency Abatement of 75% Circular withdrawn Letter F.NO. V/DGST/3-GTO/02/2005, dated 11-4-2005 Government of India Ministry of Finance (Department of Revenue) Central Board of Excise Customs, New Delhi Subject : Applicability of Notification No. 32/2004, dated 3-12-2004 The letter F.No. V/DGST/03-GTO/02/2005, dated 30-3-2005 [2006 (1) S.T.R. C40] issued by this Directo

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V/DGST/43-GTO/02/2005/19879 Dated:- 30-3-2005 Trade Notice – Circulars – Service Tax – Transport of goods by road Scope of abatement of 75% Director General Service Tax, Letter F. No. V/DGST/43-GTO/02/2005/19879, dated 30-3-2005 Service Tax Circulars Trade Notices Subject: Applicability of Notification No. 32 dated 3-12-2004 Regarding. It is observed that there is wide spread confusion over the applicability of benefit provided under Notification No. 32/2004, dated 3

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2005 (1) TMI 624 – BOMBAY HIGH COURT – 2009 (234) E.L.T. 60 (Bom.) – – Writ jurisdiction – Adjudication – 1515 of 1990 Dated:- 27-1-2005 – S. Radhakrishnan and J.P. Devadhar, JJ. REPRESENTED BY :S/Shri Dinesh Pednekar with Ashis Parikar i/b. M/s. Khaitan and Jayakar, for the Petitioner. Mrs. N.V. Masurkar with Shri. H.V. Mehta, for the Respondent. [Order]. – P.C. : Learned counsel for the petitioner in this petition has made a statement that the bank guarantee has already been renewed and handed over to the concerned authorities. Learned counsel for the Revenue after verifying the said fact makes a statement that the renewed bank guarantee has been received by the Revenue. Statements made by both the parties are taken on record. 2. 

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m order, the consignment covered by the relevant bills of entry and invoices pertaining to the petitioner were allowed to be cleared. In other words, the interim order operated in favour of the petitioner and the goods were allowed to be cleared on compliance of the above conditions. 5. Now, what remains in the final adjudication of duty liability i.e. finalisation of the provisional assessment on the basis of which the goods were allowed to be cleared. 6. Learned counsel appearing for the petitioner submits that petitioner shall have no objection if the respondents desire to finally adjudicate upon the duty liability so as to finalise the provisional assessment made by them. The petitioner through their counsel undertook to co-op

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f India. 9. In the above premises, Revenue is directed to proceed with then adjudication proceedings as expeditiously as possible and to finally conclude the assessment proceedings within six months from today. 10. The petitioner shall keep the bank guarantee renewed and alive till the completion of the adjudication proceedings and eight weeks thereafter. If the adjudication proceedings are not completed within a period of 6 months from today, bank guarantee shall stand discharged. In that event, petitioner would be relieved of their obligation to keep the bank guarantee alive. 11. If the adjudication proceedings are not completed within six months from today and delay results in discharge of bank guarantee, then, in that eve

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V/DGST/21(9)/B & F Services/ 2/2004/18398 Dated:- 18-1-2005 Order-Instruction – Circulars – Service Tax – Service Tax Liability when on Departments and under takings of the State Police (Service tax instructions D.O.F. No V/DGST/21(9)/B F Services/ 2/2004/18398, dated 18-1 -2005 of D.G.S.T.] Subject: Payment of Service Tax by the departments and undertakings of the State Police. Let me first wish you and all your near and dear ones a very happy and productive new year. Perhaps, you would be quite aware about the numerous taxable services which are also available on www.cbec.gov.in. which are chargeable to service tax. Many such taxable services, like Mandap Keepers, Health Club Fitness Center Services are reportedly be

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the Health Club and Fitness Centers run by your establishments and providing services to persons for monetary consideration is also liable to pay service tax. Perhaps, due to ignorance, or otherwise, service tax liability, in some cases, is reportedly either not being discharged or not correctly discharged. It will be in the public interest if correct service tax is paid by them. Invoking of mandatory penal provisions of service tax against taxable service providing government bodies could be quite embarrassing. It will be advisable if such State Police bodies correctly comply with the requirements of the service tax rules and procedure. We seek your kind co-operation on the aforesaid and also request you to endorse this letter, with inst

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FEMA – 025 – Dated:- 1-11-2004 – Export of Goods and Services Period of Realisation for Export Oriented Units (EOUs) RBI/2004-05/264A.P. (DIR Series) Circular No. 25 November 1, 2004 ToAll Banks Authorised to Deal in Foreign Exchange Madam / Sirs, Export of Goods and Services Period of Realisation for Export Oriented Units (EOUs) Attention of Authorised Dealer (AD) banks is invited to the proviso 3 of sub-regulation (1) of Regulation 9 of Notification No. FEMA 23/2000-RB dated May 3, 2000 in terms of which the Reserve Bank has been empowered to extend the period for realisation and repatriation of export proceeds to India beyond six months. 2. Following the announcement by the Government in the Foreign Trade Policy in September 2004, it ha

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FEMA – 010 – Dated:- 13-9-2004 – Export of Goods and Services to Latin American Countries RBI/2004-05/175A.P.(DIR Series) Circular No. 10 September 13, 2004 ToAll Banks Authorised to Deal in Foreign Exchange Madam / Sirs, Export of Goods and Services to Latin American Countries Attention of Authorised Dealer Banks is invited to AP (DIR Series) Circular No.12 dated August 20, 2003 in terms of which, the facility for realisation and repatriation of full value of goods / software exported to the countries listed in the annexure to the above circular within 360 days, was extended upto August 31, 2004 subject to review. 2. It has been decided to discontinue the facility with effect from September 1, 2004. Accordingly, i.e. for exports made on o

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V/DGST/03/GEN/INS/01/2004 Dated:- 17-8-2004 Order-Instruction – Circulars – Service Tax – Service Tax Applicability in the State of Jammu Kashmir [Service Tax Instructions F. No. V/DGST/03/GEN/INS/01/2004, dated 17-8-2004] Subject : Applicability of Service Tax in Jammu Kashmir Kindly refer to your letter of NIL no dated 20th July on the subject cited above. Section 64 of Chapter V of the Finance Act, 1994 deals with the levy of Service Tax and excludes the applicabilit

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FEMA – 116/2004 – Dated:- 25-3-2004 – Foreign Exchange Management (Export of Goods and Services) (Second Amendment) Regulations, 2004 RESERVE BANK OF INDIA (FOREIGN EXCHANGE DEPARTMENT) (CENTRAL OFFICE) G.S.R.352(E) dated June 8, 2004 – Part II – Section 3 – Sub-section (i) Notification No.FEMA.116/2004-RB dated March 25, 2004 In exercise of the powers conferred by clause (a) of sub-section (1) and sub-section (3) of Section 7, sub-section (2) of Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999) and in partial modification of its Notification No.FEMA.23/2000-RB, dated 3rd May 2000, the Reserve Bank of India makes the following amendment in the Foreign Exchange Management (Export of Goods and Services) Regulations, 2000,

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FEMA – 114/2004 – Dated:- 13-3-2004 – Foreign Exchange Management (Export of Goods and Services) (Amendment) Regulations, 2004 RESERVE BANK OF INDIA(FOREIGN EXCHANGE DEPARTMENT)(CENTRAL OFFICE) G.S.R.279(E) dated April 23, 2004 – Part II – Section 3 – Sub-section (i) Notification No.FEMA.114/2004-RB dated 13 March , 2004 In exercise of the powers conferred by clause (a) of sub-section (1) and sub-section (3) of Section 7, sub-section (2) of Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999) and in partial modification of its Notification No.FEMA.23/ 2000-RB, dated 3rd May 2000, as amended from time to time, the Reserve Bank of India makes the following amendment in the Foreign Exchange Management (Export of Goods and Serv

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withheld or may be given subject to such conditions as may be specified by the Reserve Bank by directions issued from time to time. (ii) for sub-regulation (2), the following shall be substituted, namely : (2) No direction under sub-regulation (1) shall be given by the Reserve Bank and no approval under clause (b) of that sub-regulation shall be withheld by the Authorised Dealer, unless the exporter has been given a reasonable opportunity to make a representation in the matter. Shyamala GopinathExecutive Director Foot Note :The Principal Regulations were published in the Official Gazette vide G.S.R.No.409(E) dated May 3, 2000 in Part II, Section 3, Sub-section (i) and subsequently amended vide a) G.S.R.No.199(E) dated February 27, 2001, b)

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FEMA – 068 – Dated:- 11-2-2004 – Export of Goods and Services – Liberalisation RESERVE BANK OF INDIA FOREIGN EXCHANGE DEPARTMENT CENTRAL OFFICE MUMBAI – 400 001 RBI/2004/54 A.P.(DIR Series) Circular No.68 February 11, 2004 To All Authorised Dealers in Foreign Exchange Madam / Sirs, Export of Goods and Services – Liberalisation Attention of Authorised Dealers is invited to paragraph C 20 of Part C to the Annexure to AP(Dir Series) Circular No.12 of September 9, 2000 in terms of which they were prohibited from either accepting for negotiation/collection shipping documents from caution listed exporters concerning exports declared on GR / SDF / PP / Softex forms or countersigning PP forms completed by them unless these forms bear approval of t

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Central Excise – 774/07/2004 – Dated:- 4-2-2004 – CIR NO.774/07/2004-CX, DT. 04/02/2004Jurisdiction of Chief Commissioners of Central Excise relating to allocation of Appeal cases within their respective jurisdictions amongst Commissioners of Central Excise (Appeals) – regarding. I am directed to state that the Board has examined the proposal for specifying the jurisdiction of Chief Commissioners of Central Excise relating to allocation of Appeal cases within their respective jurisdictions amongst Commissioners of Central Excise (Appeals). References have been received to consider specifying the jurisdiction of Chief Commissioners of Central Excise relating to allocation of Appeal cases within their respective jurisdiction amongst Commissi

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all the Commissioners of Central Excise (Appeals) within his zone. Chief Commissioner of Central Excise, within his jurisdiction, may specify the jurisdiction of individual Commissioner of Central Excise (Appeals), under his charge, by issuing suitable orders. 4. In normal situations, each Commissioner of Central Excise (Appeals) should continue to handle the appeals arising out of the jurisdiction of specific Commissionerates of Central Excise, as specified by Chief Commissioner of Central Excise. However, Chief Commissioner, may allocate the additional charge or any individual cases to Commissioner of Central Excise (Appeals), as and when, required.5. The field formations may suitably be informed.6. Receipt of this Circular may please be

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Service Tax – 69/18/2003 – Dated:- 15-12-2003 – Distribution of work amongst various sections of CBEC- regarding. Circular No 69/18/2003-ST Dated December 15, 2003 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. 2. It has been decided by the Board that the work relating to Service Tax exemptions under Section 93 of the Finance Act 1994 being handled by the CX-4 Section shall henceforth be handled by the TRU. 3. R

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FEMA – 040 – Dated:- 5-12-2003 – Export of Goods and Services – Liberalisation Reserve Bank of IndiaExchange Control DepartmentCentral OfficeMumbai A.P.(DIR Series) Circular No.40 December 5, 2003 ToAll Authorised Dealers in Foreign Exchange Madam / Sirs, Export of Goods and Services – Liberalisation Attention of Authorised Dealers is invited to A.P (DIR Series) Circular No.12 dated September 9, 2000, as amended from time to time, relating to Export of Goods and Services and Part C of the said circular wherein directions have been issued for allowing write-off, reduction in invoice value and extension of time limit for realisation of export proceeds to exporters in respect of outstanding / overdue export bills 2. With a view to simplifying and liberalising the procedure, providing full flexibility to all exporters and reducing the paper work associated with seeking extension of time or reduction in invoice value or write-off, it has been decided to allow all exporters (including Statu

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003, but proceeds of which are due for realisation within the prescribed period of one year. 3. Exporters dealing with more than one Authorised Dealer can avail of this facility through each AD, i..e., the limit of 10 per cent for self write-off (including reduction in invoice value) and extension of time for realisation of export proceeds would be applicable for export bills lodged for realisation with that Authorised Dealer. However, exporters operating under a consortium of banks or with multiple banks will also have the option of computing the 10 per cent limit on an aggregate basis with all the banks, provided the lead bank of the consortium or in case of multiple banking, a nodal bank undertakes to verify the exporters annual performance on behalf of all the banks. 4. Within a month from the close of the calendar year, exporters should submit a statement, as per enclosed format, giving details of export proceeds due, realised and not realised to the concerned Authorised Dealer. E

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lue/write-off in respect of non-realisation in excess of the 10 per cent limit, failing which, the Authorised Dealers may inform the exporter about the withdrawal of this facility of self write-off / extension of time, within a month, under advice to the concerned Regional Office of the Reserve Bank. 5. Requests received from exporters in terms of Paragraph 4 above may be dealt with by the Authorised Dealers as per the existing instructions relating to extension of time for realisation of export proceeds, reduction in invoice value and write-off issued by the Reserve Bank. 6. Regarding disposal of GR/SOFTEX/SDF/PP forms under the above facility, Authorised Dealers may release the respective forms relating to the write-off (including reduction in invoice value) by the exporter himself, provided the exporter submits evidence to the Authorised Dealer for surrender of export incentives availed of, if any, along with the annual statement. In the case of export bills extended for realisation

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eriod as applicable No of GR/SOFTEX/SDF/PP Amount forms due Fully Realised Partly Realised ( PART B ) (Amount in Rs 000s ) Details of Export Bills not Realised (partly or fully) within the prescribed period GR No. Amount Details of Extension /Reduction in invoice value/ write-off by the exporter himself Amount Revised due date @ Extension/Reduction in invoice value /write-off sought from AD Amount Revised due date @ (1) (2) (3) Total NOTE: 1) The exporter should approach AD/RBI for extension of time in respect of bills in Column (3) in PART B. 2)Total of Bills in column.( 2) in PART B should not exceed 10% of those in Column.1 of PART A 3) From 2005 onwards, Bills in column 1 of PART A will include those which have been extended for realisation by the exporter himself or with the approval of AD/RBI. 4) In respect of export bills written off (including reduction in invoice value), evidence for surrender of export incentives to be produced. @ For cases of extension Exporter s Signature:

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FEMA – 107/2003 – Dated:- 29-10-2003 – Foreign Exchange Management (Export of Goods and Services) (Second Amendment) Regulations, 2003 RESERVE BANK OF INDIAEXCHANGE CONTROL DEPARTMENTCENTRAL OFFICEMUMBAI 400 001 Notification No.FEMA.107/2003-RB dated October 29, 2003 Published in the Official Gazette of Government of India – Extraordinary – Part-II, Section 3, Sub-Section (i) dated 22.11.2003 – G.S.R. No. 900(E) In exercise of the powers conferred by clause (a) of sub-section (1) and sub-section (3) of Section 7, sub-section (2) of Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999) and in partial modification of its Notification No.FEMA.23/2000-RB dated 3rd May 2000, the Reserve Bank of India makes the following amendment

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FEMA – 032 – Dated:- 28-10-2003 – Export of Goods and Services – Project Exports Reserve Bank of IndiaExchange Control DepartmentCentral OfficeMumbai – 400 001 A.P.(DIR Series) Circular No.32 October 28, 2003 ToAll Authorised Dealers in Foreign Exchange Madam / Sirs, Export of Goods and Services – Project Exports Attention of Authorised Dealers is invited to Regulation 18 of Notification No.FEMA 23/2000-RB dated 3rd May 2000 viz. Foreign Exchange Management (Export of Goods and Services) Regulations, 2000 in terms of which export of goods or services on deferred payment terms or in execution of a turnkey project or a civil construction contract requires prior approval of the approving authority, which shall consider the proposal in accordance with the guidelines issued by Reserve Bank from time to time. 2. With a view to simplifying and rationalising procedures, the Memorandum of Instructions on Project and Service Exports (PEM) has been revised. A copy of the revised Memorandum is en

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Rs.50 crore for authorised dealers and Rs.200 crore for Exim Bank. Proposals in excess of Rs.200 crore in value were required to be cleared by the Working Group. Monetary limits for clearance of service export contracts have also been revised from Rs.5 crore for authorised dealers and Rs.10 crore for Exim Bank to USD 100 million uniformly for authorised dealers and Exim Bank. Service export contracts exceeding USD 100 million (revised from the present limit of Rs.10 crore) will need to be cleared by the Working Group. 2. Buyer s Credit Scheme of Exim Bank Authorisation granted to Exim Bank to extend Buyer s credit under its Buyer s Credit Scheme has been revised from Rs.50 crore to USD 20 million. 3. Periods of Deferred Credit Period for which deferred credit may be offered by the exporter was linked to the value and type of the contract. The period of deferred credit can now be determined by the exporter and his banker in mutual consultation on merits of each case and on the basis of

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n site offices have been delegated to authorised dealers subject to certain conditions. Hitherto, exporters were required to approach Reserve Bank for such permission. 6. Liaison Office At present, number of liaison offices which can be opened by the exporter is restricted to one in a country where more than one project export contract is executed. This restriction has been removed. Exporters can now be permitted by the approving authority viz. authorised dealer/Exim Bank/Working Group to open more than one liaison office in one country, if required. 7. Initial Remittance Remittance for meeting initial / mobilisation expenses from India in the absence of adequate advance payment or an overdraft / loan arrangement abroad by the exporter required approval of Reserve Bank where the amount of remittance exceeded 5 per cent of contract value and / or period of repatriation of such amount to India exceeded one year from the date of such remittance. Approving authority viz. authorised dealer/

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ird country imports approved by the approving authority while according post award clearance to the project export proposal and payment under such letters of credit should be made from out of the project receipts. Authorised dealers can now grant waiver for submission of the exchange control copy of the bill of entry subject to certain conditions where third country purchases are directly transported by the overseas supplier to the project site and for which payment is made under letter of credit opened in India. Exporters were earlier required to approach Reserve Bank for grant of such waiver. 9. Export of Equipment on Re-import Basis Export of equipment on re-import basis was being allowed by Reserve Bank and necessary GR approval was being accorded. Exporter was required to submit an undertaking that he will re-import the equipment or if sold abroad, repatriate the sale proceeds. The exporter will now be required to make an application to the authorised dealer for permission, citing

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bmitted on a half-yearly basis by the exporter to all the institutions constituting the Working Group and the concerned Regional Office of Reserve Bank through the exporter s bank. Such report may now be sent to the authority approving the project export contract and the concerned Regional Office of Reserve Bank. It will however, be necessary to forward the report to Exim Bank / ECGC also in all cases where their financial / non-financial assistance / risk cover has been obtained. In the case of project export proposals approved by the Working Group, the report in Form DPX 3 may be sent to Exim Bank, ECGC and the concerned Regional Office of Reserve Bank. The final DPX 3 report may clearly indicate the fact of completion of the project and full compliance with closing procedures laid down in para B.10 of the revised Memorandum. 12. Inter-Project Transfer of Funds Presently, copies of applications for inter-project transfer of funds together with the approval accorded by authorised deal

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required to be submitted to Reserve Bank. Such evidence will now be submitted to the authorised dealer who is monitoring the project. 14. Completion of Projects On completion of the Project, the exporter is required to submit a report giving full account of the various steps taken by him to Reserve Bank and all the members of the Working Group. Such report will now be sent within one month from the completion of the Project, by the exporter through his banker to the approving authority which had cleared the project export contract at the post award stage and in addition, to ECGC / Exim Bank if they have participatory interest in the facilities / risks. Where the project export proposal was cleared by the Working Group, the report may be sent to Exim Bank and ECGC. 15. Single Foreign Currency Account -Monitoring Exporter can maintain a single foreign currency account for more than one project being executed in the same country. He is however, required to submit project-wise statements

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ency Account in India Approving authority of the overseas contract i.e. Authorised Dealer/Exim Bank/Working Group can now allow project/service exporters to open, hold and maintain foreign currency account in India subject to certain terms and conditions. Hitherto, project/service exporters were required to approach Reserve Bank for permission to open such account in India. 18. Details of Site / Liaison Office, Payment of Agency Commission on Overseas Borrowings. The exporter may submit the following information/statements to the concerned authorised dealer which was hitherto being submitted to the regional office of Reserve Bank. Details regarding opening of liaison office/site office (expenses on these offices, closure of offices) etc. within 15 days from the date of opening of such office. Expenditure of site/liaison office within one month from the expiry of the relevant half year. The account number, name of the bank, etc. of over draft / loan account of the exporter within 15 day

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FEMA – 030 – Dated:- 21-10-2003 – Export of Goods and Services Reserve Bank of IndiaExchange Control DepartmentCentral OfficeMumbai 400 001 A.P. (DIR Series) Circular No.30 October 21, 2003 ToAll Authorised Dealers in Foreign Exchange Madam/Sirs, Export of Goods and Services Attention of Authorised Dealers is invited to A.P. (DIR Series) Circulars No.6 dated September 24, 2001, No.2 dated July 4, 2002 and No.33 dated October 23, 2002, in terms of which manufacturer exporters/merchant exporters/traders of certain products and having export contracts of Rs.100 crore and above in value terms in one year, have been allowed a period upto 365 days from the date of shipment for realisation and repatriation of full value of the export of products

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FEMA – 026 – Dated:- 3-10-2003 – Export of Goods and Services – Export of Books on Consignment Basis Reserve Bank of IndiaExchange Control DepartmentCentral OfficeMumbai 400 001 A.P.(DIR Series) Circular No.26 October 3, 2003 ToAll Authorised Dealers in Foreign Exchange Madam / Sirs, Export of Goods and Services – Export of Books on Consignment Basis Attention of Authorised Dealers is invited to paragraph A.11 of the Annexure to A.P.(DIR Series) Circular No.12 dated September 9, 2000 in terms of which the exporters intending to export goods on elongated credit terms may submit their proposals giving full particulars through their banks to Reserve Bank for consideration. 2. With a view to liberalising the procedure for export of books, it h

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FEMA – 022 – Dated:- 24-9-2003 – Export of Goods and Services – Payment of Claims by ECGC Reserve Bank of IndiaExchange Control DepartmentCentral OfficeMumbai 400 001 A.P.(DIR Series) Circular No.22 September 24, 2003 ToAll Authorised Dealers in Foreign Exchange Madam / Sirs, Export of Goods and Services – Payment of Claims by ECGC Attention of Authorised Dealers is invited to Paragraph C.17 of the annexure to A.P.(DIR Series) Circular No.12 dated September 9, 2000 in terms of which exporter is not absolved of the statutory obligation undertaken by him on the GR/SDF/PP/SOFTEX forms, to realise proceeds of the exports within prescribed period, even if the claim is settled by Export Credit Guarantee Corporation of India Ltd. (ECGC), under th

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FEMA – 099/2003 – Dated:- 27-8-2003 – Foreign Exchange Management (Export of Goods & Services) (Amendment) Regulations, 2003 RESERVE BANK OF INDIAEXCHANGE CONTROL DEPARTMENTCENTRAL OFFICEMUMBAI 400 001 Notification No.FEMA.99/2003-RB dated August 27, 2003 Published in the Official Gazette of Government of India – Extraordinary – Part-II, Section 3, Sub-Section (i) dated 29.09.2003 – G.S.R. No. 773(E) In exercise of the powers conferred by clause (a) of sub-section (1), sub-section (3) of Section 7 and sub-section (2) of Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999) and in partial modification of its Notification No.FEMA.23/2000-RB dated May 3, 2000 and Notification No.FEMA.36/2001-RB dated February 27, 2001, Rese

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FEMA – 012 – Dated:- 20-8-2003 – Export of Goods and Services Reserve Bank of IndiaExchange Control DepartmentCentral OfficeMumbai – 400 001 A.P. (DIR Series) Circular No.12 August 20, 2003 ToAll Authorised Dealers in Foreign Exchange Madam/Sirs, Export of Goods and Services Attention of authorised dealers is invited to A.P.(DIR Series) Circular No.12 dated August 28, 2002, in terms of which the facility for realisation and repatriation of full value of goods/software exported to the countries included in the list annexed to the above circular was extended for a period of one year from September 1, 2002. On a review, it has been decided to extend the above facility for a further period of one year with effect from September 1, 2003 to Augu

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FEMA – 100 – Dated:- 2-5-2003 – Export of Goods and Services- Exports to Warehouses Abroad Reserve Bank of IndiaExchange Control DepartmentCentral OfficeMumbai 400 001 A.P. (DIR Series) Circular No.100 May 2, 2003 ToAll Authorised Dealers in Foreign Exchange Madam/Sirs, Export of Goods and Services – Exports to Warehouses Abroad Attention of authorised dealers is invited to note B of paragraph C.6 of Annexure to A. P. (DIR Series) Circular No.12 dated September 9, 2000 in terms of which Reserve Bank on an application made to it may permit individual exporters to hire warehouses abroad, subject to certain conditions. 2. It has now been decided that authorised dealers may consider the applications received from exporters and grant permission

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FEMA – 094 – Dated:- 26-4-2003 – Export of Goods and Services – Export of goods on promotional grounds Reserve Bank of IndiaExchange Control DepartmentCentral OfficeMumbai 400 001. A.P. (DIR Series) Circular No. 94 April 26, 2003 To All Authorised Dealers in Foreign Exchange Madam/Sirs, Export of Goods and Services – Export of goods on promotional grounds Authorised Dealers are aware that Reserve Bank considers applications for grant of GR waiver from recognised and well established exporters for export of various items free of cost to the overseas buyer for export promotion. 2. With a view to facilitate expeditious disposal of such applications, it has now been decided that authorised dealers may henceforth consider such requests for expo

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FEMA – 091 – Dated:- 1-4-2003 – Export of Goods and Services – Facilities to Units in Special Economic Zones (SEZs) Reserve Bank of IndiaExchange Control DepartmentCentral OfficeMumbai 400 001 A.P.(DIR Series) Circular No.91 April 1, 2003 To All Authorised Dealers in Foreign Exchange Madam / Sirs, Export of Goods and Services – Facilities to Units in Special Economic Zones (SEZs) Attention of authorised dealers is invited to A.P. (DIR Series) Circular No.28 dated March 30, 2001 and subsequent circulars issued extending various facilities to units in Special Economic Zones. It has been decided to extend the following facilities to the units located in the Special Economic Zones (SEZs) : – A. Realisation of export proceeds In terms of para 11(c) of AP (DIR Series) Circular No.28 dated March 30, 2001, units situated in Special Economic Zones have been permitted to realise and repatriate to India the full value of goods or software within a period of twelve months from the date of export.

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d to para. A.4 of Annexure to AP (DIR Series) Circular No.12 dated September 9, 2000 in terms of which the amount representing the full export value of goods exported shall be received through an authorised dealer in the manner specified in Notification No.FEMA. 14/2000-RB dated May 3, 2000 (Manner of Receipt & Payment) Regulations, 2000. It has been decided that payment of export may also be received by the Gem & Jewellery units in SEZs and EOUs in form of precious metals i.e. Gold / Silver / Platinum equivalent to value of jewellery exported on the condition that the sale contract provides for the same and the approximate value of the precious metal is indicated in the relevant GR/SDF/PP forms. D. Netting off of export receivables against import payments It has been decided that authorised dealers may allow requests received from exporters for netting off of export receivables against import payments for units located in Special Economic Zones subject to the following : (i) T

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hares to non-residents against import of capital goods subject to the following :- a. The valuation should be verified by a Committee consisting of Development Commissioner and the appropriate Customs officials. b. The SEZ units issuing equity in the above manner should report the particulars of the shares issued in the form FC-GPR prescribed under para 9 of Schedule I [Regulation 5(1)] to Notification No.FEMA.20/2000- RB dated May 3, 2000 to the concerned Regional Office under whose jurisdiction the SEZ falls, together with the copy of the valuation certificate. A copy of the report may be forwarded to Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India, Udyog Bhavan, New Delhi-110 001. 2. Necessary amendments to the Foreign Exchange Management Regulations are being notified separately. 3. These facilities will be available in respect of the shipments made on or after April 1, 2003. 4. Authorised Dealers may bring the contents o

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FEMA – 033 – Dated:- 23-10-2002 – Export of Goods and Services Reserve Bank of IndiaExchange Control DepartmentCentral OfficeMumbai 400 001 A.P. (DIR Series) Circular No.33 October 23, 2002 To All Authorised Dealers in Foreign Exchange Madam/Sirs, Export of Goods and Services Attention of authorised dealers is invited to A.P. (DIR Series) Circular No.6 dated September 24, 2001 and A.P. (DIR Series) Circular No.2 dated July 4, 2002 in terms of which manufacturer exporters/merchant exporters/traders of certain products and having export contracts of Rs.100 crore and above in value terms in one year, have been allowed a period upto 365 days from the date of shipment for realisation and repatriation of full value of the export of products spec

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