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[No.75]
January 30, 2004 |
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International Legal News
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Cases
Source:
Westlawinternational.com
Previously, an Arizona appellate court upheld the
constitutionality of a Scottsdale city ordinance provision making it a
misdemeanor for any person to refuse to obey a peace officer engaged in the
discharge of his duty. The United States Supreme Court has now denied certiorari
from that decision. The Arizona court held, first, that the statute was not
unconstitutionally vague. A person of ordinary intelligence could understand
what the ordinance prohibited and in what context that conduct might be
prohibited. Furthermore, the provision provided sufficient objective standards
for one charged with its enforcement to know what conduct was unlawful. Finally,
the provision did not encourage arbitrary enforcement.
The Arizona court further held that the provision was
not unconstitutionally overbroad. There was no discernible realistic danger that
the provision could put at risk First Amendment rights of persons not before the
court. The refusal to obey a legitimate order of a sworn peace officer did not
implicate the constitutional rights of a person. The mere possibility that some
impermissible application could be conceived was not sufficient to render the
statute overbroad, the appellate court said.
Kaiser v. Arizona
An unmistakable intent by the Government to waive its
right to assert civil RICO claims against cigarette manufacturers and
tobacco-related entities was not established. Waiver would not be inferred from
the Government's alleged failure to speak out to the extent it considered the
defendants' conduct unlawful in light of longstanding knowledge of adverse
health consequences of tobacco use and the Government's extensive regulation of
cigarettes.
U.S. v. Philip Morris Inc.
A proponent of alternative health failed to allege any
fact that would excuse her from distributor liability under the common law for
redistributing an e-mail message to Internet newsgroups alleging that a doctor
had stalked women, if she knew or should have known that such statement was
false. The Communications Decency Act (CDA) of 1996 also did not immunize the
proponent from such liability. Thus, a doctor's complaint for libel, libel per
se, and conspiracy against the proponent arising from such redistribution was
not subject to dismissal under the anti-SLAPP (strategic lawsuit against public
participation) statute.
Barrett v. Rosenthal
News
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Microsoft Corp. has announced a reward of a $250,000
to anyone who helps authorities capture and prosecute the author of a
fast-spreading computer virus "MyDoom.B". This is a third award
offered under a $5 million program which Microsoft began in November, last year. The
programme was initiated to
help U.S. authorities to nab the authors of unusually damaging Internet
viruses aimed at consumers of the company's software products. Residents of any country
giving information about the author of the "MyDoom.B" to the FBI, Secret
Service or Interpol will be eligible for the reward.
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The verdict in the sensational trial of German
cannibal Armin Meiwes will be delivered on Friday. Armin Meiwes, a computer
expert had confessed of killing and then eating a man three years ago, after
placing an ad on the internet. He told the court it was a realisation of his
school boy fantasies of eating his classmates. A grisly home video of
stabbing of Bernd-Juergen Brandes, the victim was also shown in the court. The
argument put up by the defence is that it was a form of mercy
killing which carries a maximum sentence of five years in prison. Where as
prosecution said that this cannot apply to this case, because the victim was
mentally disturbed. It has demanded a life sentence.
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U.S. District Judge Mark Wolf of Massachusetts awarded first
death sentence in three decades on Thursday. The sentence was passed against
Gary Lee Sampson who pleaded guilty to carjacking and murder. Sampson
admitted of killing Jonathan Rizzo, 19, and Philip McCloskey, 69, during the
same week in July 2001 so he could take their cars.Sampson is the first
person sentenced to die in Massachusetts under the current federal death
penalty statute. The state abolished its capital punishment statute in 1984;
the last time a state court sentenced someone to die was in 1973.
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Time Warner Inc. has filed a lawsuit on Wednesday in U.S.
District Court of Los Angeles against several people including a Hollywood
actor. The company claims that Carmine Caridi received "screener"
copies of films "The Last Samurai" and "Mystic River"
and gave them to Illinois electrician Russell Sprague, who then made digital
versions and placed them on the Internet. Sony Corp has filed a similar
suit. The suit stems from an ongoing battle by Hollywood studios against
piracy of their copyrighted movies on the Internet.
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Arnold Schwarzenegger, governor of California is facing his
first plea for clemency. Kevin Cooper had been condemned to die on Feb 10
for murdering four people. Few expect that clemency will be granted by the
governor and in the history of california no overnor has granted clemency to
a condemned murderer since Ronald Reagan in 1967 spared the life of a
severely brain-damaged killer.
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Federal Trade Commission regulations will require the
telemarketing firms to identify themselves. Previously such calls were being
shown up on Caller ID as "out of area." Now the name displayed by
Caller ID must either be the company trying to make a sale or the firm
making the call along with their phone numbers. This change is part of the
rules that set up the do-not-call registry, which consumers can use to block
certain telemarketers from calling.
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SEBI
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Secondary
Market Division
Circular No.
MIR&SD/DR-1/MSS/Cir-08/2004 Dated 20.01.2004 : In view of the amendment made
to sub-rule (4) of rule 8 of Securities Contracts (Regulation) Rules, 1957 vide
GSR 696 (E) dated 28th August 2003, where in it was permitted to banks to
participate in interest rate derivatives market, the stock exchanges have been
directed to amend their bye-laws. According to the amendments:
1. The purview of "Any
bank" has been made clear
2.Such bank can act as member
only for their proprietary dealings, to act on their own account, in the
interest rate derivatives market.
3.Such bank can not act as
member or an agent for any other person, client or customer in any segment of
exchange.
4.Such bank shall abide by
circulars, directions issued by RBI and SEBI in respect of dealing of such banks
in the exchange.
Mutual Funds
Division
Circular No. SEBI/IMD/CIR No.
01/1756/04 Dated 27.01.2004 : SEBI had already stipulated that the stock
exchanges would generate a Unique Client Code (UCC). It has further been decided
that certain intermediaries including Mutual Funds would be permitted to operate
in the securities market only upon quoting the UCC with effect from a date which
will be announced separately. It has been advised that whenever a new scheme(s)
/ plan(s) (wherever the portfolio of the plans is different) is launched after
the issue of this circular, the concerned Mutual Fund shall obtain the UCC from
BSE or NSE before commencing the trading on behalf of the scheme(s)/plan(s).
Further, it is of utmost importance that the secrecy of the UCC is maintained by
the mutual funds and the same should be furnished only to the member broker
through whom the mutual funds are trading.
Foreign
Institutional Investor
Circular No. IMD/CUST/02/2004
Dated 26.01.2004 : In the interests of greater efficacy of the market, amendment
is being made to the Securities and Exchange Board of India (Foreign
Institutional Investors) Regulations, 1995.
Press Release
Press Release No. PR 12/2004
Dated 22.01.2004 : AAmendments have been made in the SEBI (Informal Guidance)
Scheme, 2003 which was issued on 24.6.2003, providing for the listed companies
and registered capital market intermediaries to request for informal guidance
regarding applicability of laws and regulations administered by SEBI in the form
of no action letters or interpretive letters from SEBI. Accordingly, it has been
decided to expand the scope of the Scheme to enable the following persons (in
addition to listed companies and SEBI-registered intermediaries) to seek
informal guidance under the Scheme:
1. Any company which intends to
get any of its securities listed and which has filed either a listing
application with any stock exchange or a draft offer document with the Board or
the Central Listing Authority;
2. Any mutual fund trustee
company or asset management company;
3. Any acquirer or prospective
acquirer under the Securities and Exchange Board of India (Substantial
Acquisition of Shares and Takeovers) Regulations, 1997.
The amendments have been made
effective from 21st January, 2004.
Press Release No. PR 11/2004
Dated 21.01.2004 : The Securities and Exchange Board of India (SEBI) has
cancelled the certificate of registration of the 4 Stock-Brokers with immediate
effect. The 4 Stock-Brokers were expelled from the Stock Exchange and ceased to
be a members of the Exchange, thereby failed to fulfill the pre-requisite
condition of registration as Stock-Broker with SEBI. The registrations have been
cancelled in terms of Sub-Regulation (5) of Regulation 16 of SEBI (Procedure for
Holding Enquiry by Enquiry Officer and Imposing Penalty) Regulations, 2002.
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CBEC Excise Tariff
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Notification No. 10/2004 Dated
22.01.2004 : In the Notification, in the Annexure, for Condition No. 61 and the
Conditions relating thereto has been substituted, namely:-
"If, at the time of
importation, the importer produces to the Deputy Commissioner of Customs or the
Assistant Commissioner of Customs, as the case may be, a certificate from the
Chairman or the Managing Director or the Director (Rolling Stock, Electrical and
Signaling) or the Director (Finance) of the Delhi Metro Rail Corporation Ltd.,
to the effect that -
(i) the goods are procured by
or on behalf of the Delhi Metro Rail Corporation Ltd. for use in the Delhi MRTS
project; and
(ii) the goods are part of the
inventory maintained by the Delhi Metro Rail Corporation Ltd. and shall be
finally owned by the Delhi Metro Rail Corporation Ltd."
Circular No. 772/5/2004-CX
Dated 21.01.2004 : Area base exemptions from central excise duty is applicable
either to the new industrial units or units undertaking substantial expansion by
way of increase in installed capacity by not less than 25%. With a view to
ensure smooth implementation of the exemption schemes, guidelines have been
circulated to explain the scope of "substantial expansion" so far as
it relates to the applicability of area base exemption notifications issued from
time to time. According to the guidelines issued:-
(a) Increase in installed
capacity of an existing unit by not less than 25% should be the result of
installation of additional plant and machinery.
(b) Increase in installed
capacity of an existing unit by not less than 25% should be the result of
installation of additional plant and machinery.
(c) no bar on use of second
hand machinery for undertaking substantial expansion so long as it enhances the
existing installed capacity by not less than 25%.
(d) Additional investment in
plant and machinery for modernization or for improving the quality of existing
products, unless it leads to increase in installed capacity by 25% or more,
would not tantamount to substantial expansion.
Notification No. 09/2004 Dated
21.01.2004 : In the notification:-
(1). in condition (i) to para
3, for the figures, letters and words "31st day of July, 2004", the
figures, letters and words "31st day of December, 2004", have been
substituted.
(2). in the Explanation I , for
clause (ii), the following has been substituted, namely:-
(ii) the expression "set
up on or after the date of publication of this notification in the Official
Gazette but not later than the 31st day of December, 2004" shall mean
that,-
(a) any civil construction work
on its factory premises and any installation of plant and machinery therein
commences only on or after the date of publication of this notification in the
Official Gazette; and
(b) the said civil construction
work on its factory premises and installation of plant and machinery therein is
completed, and the unit starts commercial production, not later than the 31st
day of December, 2004.
Notification No. 07/2004 Dated
19.01.2004 : The Central Government has exempted unprocessed fabrics cleared and
subjected to job work in a place other than the place of manufacture of such
unprocessed fabrics, falling under Chapter 51,52,54,55,58 or 60 of the First
Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) from whole of the
duty of excise specified thereon in the said First Schedule to the Central
Excise Tariff Act and in the First Schedule to the said Additional Duties of
Excise (Goods of Special Importance) Act, subject to the condition that after
job work, such processed fabrics are sent back by the job worker to the
manufacturer of such unprocessed fabrics.
Notification No. 05/2004 Dated
19.01.2004 : In the notification, in the Table, after S. No. 279 and the entries
relating thereto, the new entries with S. No. 280 and 281 have been inserted.
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CBEC Excise non Tariff
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Notification No. 2/2004 NT
Dated 19.01.2004 : In the notification, in the Table :-
(i) against S. No. 48, for the
entry in column (4), the entry 40% has been substituted; and
(ii) against S. No. 92, for the
entry in column (4), the entry 35% has been substituted.
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CBEC Customs Tariff
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Circular No. 06/2004 Dated
27.01.2004 : It has been decided to allow the trading units which were in
existence prior to 31-3-2002 and have valid LOP as on date to continue under EOU
Scheme till the expiry of their LOP. Accordingly , notification Nos 52/2003-Cus
and 22/2003-CE both dated 31-3-2003 governing duty free import and procurement
by EOU/EHTP/STP respectively, have been amended vide notification Nos 1/2004-Cus
and 1/2004-CE both dated 2-1-2004. Since , under the Present Policy, trading
units are not allowed to be set up under EOU Scheme, it is needless to mention
here that the trading units which were in existence prior to 31-3-2002 should
not be given any further extension of LOP and would not be allowed to operate
under EOU Scheme once validity of the LOP has expired.
It may also be noted that the
amending notifications do not have any retrospective effect. In other words
these notifications will not regularise duty free import/ domestic procurement
of goods effected by trading units between 24-6-2002 and 1-1-2004. No such
amendment is necessary for units in EPZ since all existing EPZs have been
converted into SEZ and EPZ Scheme has been discontinued w.e.f 1-4-2003. Trading
activity is already allowed under the SEZ Scheme.
Notification No. 28/2004 Dated
23.01.2004 : In the notification, in the Table,-
(i) against S.No.244, for the
entry in column (4), the entry 10% has been substituted;
(ii) after S.No.442 and the
entries relating thereto, two new entries with S. No. 443 & 444 have been
inserted.
Notification No. 27/2004 Dated
23.01.2004 : The Central Government has exempted certain goods, when imported
into India for use in the manufacture of goods, from duty of customs leviable
thereon subject to the condition that the importer follows the procedure set out
in the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of
Excisable Goods) Rules, 1996.
Notification No. 26/2004 Dated
22.01.2004 : In the notification :-
(i) in the Table, against
S.No.30, in column (3), in item (A) and item (B), for the words 'All oils', the
words 'All goods' have been substituted; and
(ii) in the ANNEXURE, for
Condition No. 92 and the entry relating thereto has been substituted.
Notification No. 24/2004 Dated
21.01.2004 : In the notification, in the Annexure, in List 3, for item (28), the
following has been substituted, namely:-
"(28) Disopyramide phosphate".
Notification No. 25/2004 Dated
22.01.2004 : Anti Dumping Duty has been Withdrawn On Copper Clad Laminates From
China PR, Hong Kong, Taiwan, South Korea, Singapore, Philippines And Thailand
Notification No. 23/2004 Dated
21.01.2004 : Anti Dumping Duty has been Imposed On Metallurgical Coke From China
PR
Notification No. 21/2004 Dated
20.01.2004 : Anti Dumping Duty has been Imposed On Flexible Slabstock Polyol
From China PR, Korea RP, Taiwan and Brazil
Notification No. 22/2004 Dated
21.01.2004 :The Central Government has rescinded the notification of the
Government of India in the Ministry of Finance (Department of Revenue) No.
69/2000-Customs, dated the 19th May, 2000, published in Gazette of India, vide
number G.S.R. 466(E), dated 19th May, 2000.
Corrigendum Dated 20.01.2004 :
In the notification
for "5210.59", read "5209.59"
Notification No. 20/2004 Dated
16.01.2004 : In the notification :-
(A) in the Table,-
(i) S.No.30 and the entries
relating thereto has been substituted;
(ii) S. No. 442 has been
inserted after S.No.441
(B) in the Annexure, in the
conditions, after condition 94, a new condition has been inserted.
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CBEC Customs Non Tariff
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Notification No. 11/2004-N.T.
Dated 27.01.2004 : The Board has determined the rate of exchange of conversion
of each of the foreign currency specified into Indian currency or vice versa,
relating to export goods. The rates of conversion shall be effective from the
1st February, 2004.
Notification No. 10/2004-N.T.
Dated 27.01.2004 : The Board has determined the rate of exchange of conversion
of each of the foreign currency specified into Indian currency or vice versa,
relating to imported goods. The rates of conversion shall be effective from the
1st February, 2004.
Notification No. 9/2004-N.T.
Dated 23.01.2004 : The Central Board of Excise and Customs has appointed the
Commissioner of Customs, Bangalore, to act as Commissioner of Customs, Air Cargo
(Import and General), New Custom House, Indira Gandhi International Airport, New
Delhi for the purpose of adjudicating the matters relating to Show Cause Notice
pertaining to M/s. Micro Village Communication Private Limited, 730, C.M.H.
Road, Indiranagar, Ist Stage, Bangalore, issued vide DRI F.No. 50D/91/2000-C.I.,
dated the 16th July, 2003, by the Assistant Director, Directorate of Revenue
Intelligence, 7th Floor, I.P.Bhavan, I.P. Estate, New Delhi- 110 002.
Notification No. 8/2004-N.T.
Dated 22.01.2004 : In the Table to the notification, against serial number 11
relating to the State of Tamil Nadu, after entry (vii) in column (3) and the
corresponding entries relating thereto in column (4), the two new entries
numbering (viii) and (ix) have been inserted.
Notification No. 7/2004-N.T.
Dated : 21.01.2004 : In the Table to the notification, after S.No.12 and the
entries relating thereto, a new entry with S. No. 13 has been inserted.
Notification No. 6/2004-N.T.
Dated 19.01.2004 : In the Customs Valuation (Determination of Price of Imported
Goods) Rules, 1988, in sub-rule (2) of rule 9, after third proviso, the
following proviso has been inserted, namely:-
"Provided also that in case
of goods imported by sea stuffed in a container for clearance at an Inland
Container Depot or Container Freight Station, the cost of freight incurred in
the movement of container from the port of entry to the Inland Container Depot
or Container freight Station shall not be included in the cost of transport
referred to in clause (a)."
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Service Tax
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Circular No. 74/4/2004 Dated
23.01.2004 : It has been clarified that computers are essentially data
processing machines and their function is to process analog or digital data.
There may be machines, which use such processed data to perform certain
specified functions. These machines may involve processing of data but their
principal function is not processing of data per se, but using such processed
data for performing independent functions. These are not "computers" but are
computerised machines. ATM is one such machine. For the purposes of Customs
Tariff also, whereas computer falls under heading 84.73, ATMs fall under
sub-heading 8472.90. In view of the stated facts, the Board has taken a decision
that Automatic Teller Machine is not a 'Computer', 'Computer System' or
'Computer Peripherals' (all of which perform or aid primarily in, data
processing per se) and thus their maintenance and repair does not fall under
exemption Notification No.20/2003-ST, dated 21st August, 2003. Accordingly such
services are liable for service tax.
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RBI
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Circular No. A.P.(DIR Series)
Circular No. 59 Dated 19.01.2004 : Authorised Dealers have been advised that a
further revision has taken place on December 29, 2003 and accordingly the rupee
value of the special currency basket has been fixed at Rs.59.3395 with effect
from January 1, 2004.
Notification No. IDMD.PDRS.No.
2 /03.64.00/2003-04 Dated 21.01.2004 : In order to encourage PDs to improve
their retail business, it has been decided that non-competitive bids can also be
taken into account for fulfillment of bidding commitment and success ratio of
PDs. Accordingly, it has been clarified that PDs may also report the
non-competitive bids submitted by them on behalf of their constituents
separately in the PDR-II statement. PDs may also report the trades done with
non-NDS members separately in their turnover data in PDR II statement. Revised
format of PDR-II statement has been provided. PDs are required to submit the
information in the revised statement from February, 2004.
Press Release No. 2003-2004/899
Dated 22.01.2004 : The Reserve Bank of India will shortly be issuing Rs.1000
denomination notes without inset letter in numbering panel in Mahatma Gandhi
Series. These notes will bear the signature of Dr.Y.V.Reddy, Governor. Except
for the signature of the Governor, the design of Rs.1000 denomination notes to
be issued now is similar in all respect to those issued in Mahatma Gandhi
Series. All Rs.1000 denomination notes in Mahatma Gandhi Series issued by the
Reserve Bank since October 2000 will continue to be legal tender.
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DGFT
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Notification No. 30
(RE-2003)/2002-2007 Dated 28.01.2004 : The Central Government has made the
following amendments in the ITC(HS) Classification of Export and Import Items,
2002-2007 as amended from time to time:-
(i) Against item code numbers
3102, 3103 , 3104 and 3105 under Heading "Fertilizers" in Schedule 2 of
ITC(HS) , the amendments have been made
(ii) The list of manufacturers
of NP / NPK Fertilisers has been given which will form Appendix 5 (C ) of
Schedule 2 of ITC(HS).
Notification No.
29(RE-2004)/2002-2007 Dated 28.01.2004 : The Central Government has amended the
ITC (HS) Classification of Export and Import Items 2002-07. Amendments have been
made under chapters of ITC (HS) Classification of Export and Import Items
2002-07. The chapters which have been amended are Chapters I A, 11, 48, 71and
87.
Notification No. 28
(RE-2003)/2002-2007 Dated 28.01.2004 : The Central Government has made the
certain amendments in Exim Policy, 2002-07. Amendments have been made in or
under, as the case may be, paragraph 2.22, 2.32, 2.33, 2.38, 3.7.2.1, 3.8,
4.1.6, 4.1.7A, 4.2.3, 4.2.4, 4.2.7, 4.3.5, 5.1, 5.1A, 5.4(i), 6.6(a), 6.7(a),
7.7(a), 7.11(a), 8.2(f) and 9.47(iv).
Circular No. 25
(RE-2003)/2002-2007 Dated 28.01.2004 : having regard to the matter of
transaction cost involved in 100% sampling of edible / food products under the
PFA Act in terms of Condition 8 of Chapter I A (General conditions of import) of
the ITC (HS) Classification of Export and Import items, the department in
consultation with the Ministry of Health and Family Welfare has modified the
procedure for sampling. It has been further clarified that the condition on
import of edible / food products as per Condition No. 8 of the Chapter I A
(General conditions of import), of ITC (HS) Classification of Export and Import
items shall not be applicable on imports made under Annual Advance Licenses and
Advance Licenses for physical exports issued with A.U. condition. Similarly,
this condition will not be applicable on imports made by 100% EOUs and units in
EPZ / SEZ. However, the aforementioned condition shall be applicable when the
100% EOUs and units in EPZ / SEZ, effect sale / transfer any edible / food
products to Domestic Tariff Area.
Public Notice No. 45
(RE-03)/2002-07 Dated 28.01.2004 : The Director General of Foreign Trade has
made the following amendments in Handbook of Procedures (Vol. I):-
1. A new Appendix 6 B
pertaining to the "Refund of Application fee submitted through Electronic Fund
Transfer" has been added.
2.The following sub paragraph
has beenadded at the end of the 2nd sub heading pertaining to "Scale of
Application Fee" in Appendix 29 which refers to the "Procedure for Deposit/
Refund of Import Application Fee and Other Fee" as under:
"However from 01.04.2004
onwards, this 50% reduction in the application fee would be applicable to only
those electronic applications which are digitally signed and submitted online on
the DGFT website and where the application fee is paid electronically through
the Electronic Fund Transfer (EFT). For details on various aspects of digital
signatures and EFT, information on the DGFT website at www.nic.in/eximpol may
kindly be perused."
3. Appendix 29 A pertaining to
"Procedure of Electronic Fund Transfer" has been.
Public Notice No. 44
(RE-2003)/2002-07 Dated 28.01.2004 : The Director General of Foreign Trade has
made the amendments in Handbook of Procedures (Vol. I) which relates to Deemed
Export Policy. Amendments have been made in the Paragraphs, related to Deemed
Export Policy, 8.6.4.1, 8.6.5, 8.6.6, 8.8.2, 8.8.3.
Public Notice No. 43
(RE-2003)/2002-07 Dated 28.01.2004 : The Director General of Foreign Trade has
made the following amendments in Handbook of Procedures (Vol. I):-
(i) Paragraphs 4.2, 4.6 and
27(a) of Appendix 14 -I pertaining to "EOUs, EHTPs and STPs Scheme" have
been amended through substitution
(ii) A new Appendix 14 IMM
pertaining to "Proforma for extension of LOP for Export Oriented Units" has
been added.
(iii) In paragraph 7.3 and
paragraph 31(a) of Appendix 14 II, after the word "except", in bracket, the
word " R & D," has been inserted.
Public Notice No. 42
(RE-2003)/2002-07 Dated 28.01.2004 : Amendments have been made in the Handbook
of Procedures (Vol. 1) Related To EPCG Procedure. Accordingly,
(i) paragraphs 5.3, 5.3.1,
5.3.2 pertaining to the "Consideration of EPCG applications" have been
substituted
(ii) A new para 5.3.4 subtitled
"Import of Spares including Refractories, Catalysts & Consumables" has
been added
(iii) At the end of paragraph
5.7.3, the following sentence has been added:-
"Payment received in rupee
terms for the port handling services provided by the service provider in terms
of paragraph 9.47 (iv) of the Exim Policy shall also be counted for export
obligation discharge under the Scheme."
(iv) After para 5.7.6, new para
5.7.7 has been added
(v) Paragraph 5.9 pertaining to
"Monitoring of Export Obligation" has been deleted
(vi) After para 5.11 pertaining
to the "Extension of export obligation period" a new para 5.11.1 has been
added
(vii) A new para 5.18
pertaining to the "Clubbing of EPCG licences" has been added
(viii) A new Appendix 9 C
pertaining to "Application Form for clubbing of licences under the EPCG scheme"
has been added.
Public Notice No. 41
(RE-2003)/2002-07 Dated 28.01.2004 : The Director General of Foreign Trade has
made the amendments in Handbook of Procedures (Vol. I) with regard to Duty
Exemption Scheme. Relevant amendments have been made in the said Handbook.
Public Notice No. 40
(RE-2003)/2002-07 Dated 28.01.2004 : Paragraphs 3.7.2.1, 3.2.5, 3.18 of hndbook
of Procedures have been amended. The amendments are related with Duty Free
Credit Entitlement for Status Holders. The amended version of Appendix 36A
pertaining to "application form for duty free entitlement to service providers"
has been added.
Public Notice No. 39 (RE-
03)/2002-07 Dated 28.01.2004 : The Director General of Foreign Trade has made
the following amendments in Handbook of Procedures (Vol. I):-
(i) Paragraph 2.12(iii)
pertaining to the validity of an import licence/ certificate/ permission has
been amended
(ii) Paragraph 2.47 pertaining
to "Prototypes" has been amended as under:
Import of new/second hand
prototypes/ second hand samples may be allowed on payment of duty without a
licence/ certificate/ permission to an Actual User (industrial) engaged in the
production of or having industrial licence/letter of intent for research in the
item for which prototype is sought for product development or research, as the
case may be, upon a self - declaration to that effect, to the satisfaction of
the customs authorities.
(iii) Paragraph 2.52.1 has also
been amended
(iv) Appendix 16A pertaining to
application form for grant of export licence for export of SCOMET items
mentioned as restricted for export in appendix - 3 schedule 2 of ITC(HS)
classifications of export and import items has been added.
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Department of Commerce
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Notification No.
14/42/2002-DGAD Dated 16.01.2004 : Anti-dumping Investigation Concerning Imports
of Potassium Carbonate from the European Union (EU), China PR, Korea RP and
Taiwan--Final Findings
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Ministry of Consumer Affairs
food and Public distribution
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Order No. GSR44(E)/Ess.Com./Sugarcane
Dated 14.01.2004 : The Central Government, after consultation with such
authorities, bodies and associations as are considered necessary by it to be
consulted and on the basis of the basic minimum price of sugarcane at Rs. 73 per
quintal linked to a basic recovery of 8.5% sugar subject to a premium of Rs.
0.85 for every 0.1% point increase in the recovery above that level has fixed
the price specified in column (4) of the Schedule as the minimum price that
shall be payable by the owners of the vacuum pan process sugar factory specified
in the corresponding entry in column (3) of the said Schedule or their agents
for the sugarcane delivered at the gate of the factory or any purchasing centre
for the sugar year 2003-2004 ending the 30th September, 2004 subject to the
rebates payable therefor under clause 3A of the Sugarcane (Control) Order, 1966.
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Department of
Telecommunications
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Notification No. 301-4/2004
Dated 16.01.2004 : The Telecom Regulatory Authority of India (TRAI) has made the
order by an amendment to the Telecommunication Tariff Order, 1999 by
notification in the Official Gazette, in respect of tariffs at which
Telecommunication services within India and outside India shall be provided.
Notification No. 301-3/2004
Dated 15.01.2004 : The Telecom Regulatory Authority of India Act, 1997 to
notify, by an Order in the Official Gazette, tariffs at which Telecommunications
(Broadcasting and Cable Operation) Services shall be provided, the Telecom
Regulatory Authority of India has made the Order "The Telecommunication
(Broadcasting and Cable) Services Tariff Order 2004".
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Ministry of Labour
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Notification No. GSR47(E) Dated
06.01.2004 : The Central Government after consultation with the Employees' State
Insurance Corporation has made the draft Rules further to amend the Employees'
State Insurance (Central) Rules, 1950 which proposes to make in exercise of the
powers conferred by Section 95 of the Employees' Insurance Act, 1948 for
information of all persons likely to be affected thereby and notice to this
effect has been given that the said draft Rules will be taken into consideration
after 45 days from the date of publication in the Official Gazette. Objection or
suggestion has been invited from any person in respect of the said draft Rules
within the period specified above and the same will be considered by the Central
Government.
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Press Information Bureau
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Dated 28.01.2004 : In a major
initiative on the Electronic Data Interchange (EDI) front to boost exports, Shri
Arun Jaitley, Union Minister of Commerce & Industry, has launched the
Digital Signature and Electronic Fund Transfer facility, to enable the exporters
to submit online import/export applications in the offices of Directorate
General of Foreign trade (DGFT). To encourage electronic filing of applications
by the exporting community, DGFT has reduced the licence fee to 50% in cases
where online digitally signed applications with electronic fund transfer are
submitted on its website.
Dated 28.01.2004 : The
Directorate General of Foreign Trade (DGFT), Department of Commerce, through a
series of measures announced has made sincere efforts to fine tune the 2002-07
EXIM Policy so as to consolidate & accelerate incremental growth rate of
exports and make India a manufacturing hub for producing quality goods &
services.
Dated 28.01.2004 : Following
are some of the major Exim faciliation measures:-
(i) To promote export related
infrastructure, rupee payments received for Port handling services admissible
for discharge of export obligation under EPCG
(ii) To boost R &D
activity, import of Prototypes shall be allowed to Actual Users without any
limit (presently restricted to 10 nos. per annum)
(iii) To offset the high power
costs faced by the manufacturing industry, duty free Fuel shall be allowed to be
imported with actual user condition under DFRC.
(iv) Sensitive list under DFRC
pruned down with downward revision of Custom duties.
(v) Payment of Composition fee
for extension of Export Obligation reduced and linked to duty saved amount.
(vi) Flexibility to discharge
the export obligation not only from export of alternative products manufactured
or services rendered by the firm but the scope extended to include exports of
products/services by Group Companies also.
(vii) Refixation of export
obligation of past EPCG licences in line with present Policy i.e. EO to be 8
times the duty saved (instead of 5 times the CIF value).
(viii) Deemed export facility
extended for items having Zero per cent basic Customs duty.
(ix) Deemed export facility
extended to Fertiliser & Refinery projects spilled over from 8th and 9th
Plan periods.
(x) Equity base of ECGC being
raised from Rs 500 crores to Rs 800 crores for a better risk management of
Indian exporters.
Dated 23.01.2004 : The
Government of India has constituted a Commission for providing reservation to
economically backward classes. According to a Notification issued by the
Ministry of Social Justice and Empowerment, former Union Home Secretary, Shri
Balmiki Prasad Singh will head the four-member commission. The Commission has
been asked to suggest quantum of reservation and criteria for identification of
economically backward classes amongst castes and communities other than
Scheduled Castes, Scheduled Tribes and Other Backward Classes.
Dated 23.01.2004 : The
Government, based on the recommendations of the Inter -Ministerial APEX
Committee, has in-principle approved the development of 19 clusters / industrial
locations to be taken up in the first phase under the Industrial Infrastructure
Upgradation Scheme of the Department of Industrial Policy and Promotion. The
scheme is aimed at enhancing international competitiveness of the domestic
industry by providing financial assistance for creation of quality
infrastructure through public-private partnership in selected functional
clusters/locations and facilitated by State Governments that have the potential
to become globally competitive.
Dated 21.01.2004 : The
President has appointed Shri N. Gopalaswami, a Gujarat cadre IAS Officer of 1966
batch, as Election Commissioner in the Election Commission of India.
Dated 20.01.2004 : The interest
rate charged by banks on food credit to FCI has been reduced by 1.5% from the
present rate of 10.95%.
Dated 20.01.2004 : The Ministry
of Railways has issued orders introducing Computerized Coaching Refund Scheme
for grant of refund from Passenger Reservation System (PRS) on cancellation of
tickets with immediate effect. Under the Scheme, even after the prescribed time
limits, refund in most of the cases can be granted from the PRS across the
counter anywhere in the country as against the existing system of granting
refund against Ticket Deposit Receipt (TDR), which is cumbersome and
time-consuming leading to a large number of complaints.
Dated 19.01.2004 : The Finance
Ministry has made the following amendments to the External Commercial Borrowings
(ECBs) Guidelines following certain liberalizations. These amendments to the ECB
guidelines will come into force from the date of issue of notification of
regulations/directions.
[I] Removal of end-use
restriction
[II] Eligibility - All
corporates except banks, NBFCs and financial institutions shall be eligible ECB
borrowers.
[III] Interest rate spreads -
All ECBs shall be subject to the revised maximum spreads over six month LIBOR,
for the respective currency in which the loan is being raised or the applicable
benchmark(s,
[IV] Guarantee- Banks ,FIs,
NBFCs will not be able to provide guarantee/letter of comfort etc.
[V] Procedure - All ECBs
satisfying the above criteria will be under the auto route up to USD 20 million
for ECBs between 3-5 years of average maturity and up to USD 500 million for
ECBs having average maturity of more than 5 years. RBI will be prescribing the
reporting mechanism for the same.
Dated 19.01.2004 : The
President has appointed Shri T.S.Krishnamurthy, Election Commissioner as Chief
Election Commissioner in the Election Commission of India.
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Supreme Court |
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An appeal was
preferred before Hon'ble Supreme Court to decide whether the bail
granted to an accused in a criminal case can be cancelled by a court,
if it is found that accused had threatened witnesses during the
continuance of trial proceedings.
Hon'ble Supreme Court
held that when a person to whom bail has been granted either tries to
interfere with the course of justice or attempts to tamper with
evidence or witnesses or threatens witnesses or indulges in similar
activities which would hamper smooth investigation or trail, bail
granted can be cancelled. However, rejection of bail stands on one
footing, but cancellation of bail is a harsh order because it takes
away the liberty of an individual granted and is not to be lightly
resorted to. Further the Apex Court was of view that subsequent
application for grant or cancellation of bail application should be
placed before the same learned Judge who had passed the earlier order
but where the cancellation is sought for on grounds different from
those which existed at the time of grating bail, the conventional
practice of placing the matter before the same learned Judge need not
be followed as if it is a statutory requirement. - Appeal dismissed.
A writ petition was
filed before Hon'ble Supreme Court questioning the appointment of two
Additional Advocate Generals by the Government of Andhra Pradesh on
various grounds. The main contention was that having regard to the
expression used in Article 165 of the Constitution of India appointment
of more than one Advocate General is not contemplated therein.
Apex Court held that
Government of a State as a litigant can appoint as many as it likes
lawyers to defend itself. State is not prohibited from conferring such
designation on such legal practitioners as it may deem fit and proper.
But, the State, cannot appoint more than one Advocate General because
if more than one person is appointed to discharge the constitutional
functions, as also statutory functions, different Advocate Generals may
act differently resulting in chaos, resulting the State and other
litigants in a total loss.
Further the Apex Court
held that the matter relating to the appointment of a legal
practitioner by a Government may be subject-matter of a legislation.
The State by amending the provisions of Sections 24 and 25 of the Code
of Criminal Procedure may make a law regulating the appointment, of the
Public Prosecutor or Additional Public Prosecutor. The State in
exercise of its jurisdiction under Article 162 of the Constitution of
India, is, competent to appoint a lawyer of its choice and designate
him in such manner as it may deem fit and proper. Once it is held that
such persons who are although designated as Additional Advocate
Generals are not authorised to perform any constitutional or statutory
functions, indisputably such an appointment must be held to have been
made by the State in exercise of its executive power and not in
exercise of its constitutional power. Consequently, Additional Advocate
General so appointed is not in constitutional scheme and does not hold
constitutional office - Appeal Dismissed
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