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Circulars
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Instruction regarding Notification No. 1/2013- Service Tax dated 22-2-2013 which seeks to amend the Service Tax Rules 1994 so as to prescribe the revised return Form ST3 and also stipulate that the last date for filing a return for the period July 2012 to September 2012, is 25th March 2013.
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Revised Return Form ST-3 requires assessees to file the July-September return by the extended deadline and electronically.
Notification introduces the Revised Form ST-3 for assessees to furnish data solely for the period 1 7 2012 to 30 9 2012 and amends the Service Tax Rules to provide an extended last date for filing that return. The revision retains the existing structure but requests service wise data where practicable. The paper form is notified for legality, while rule requires electronic filing; the electronic ACES version may differ in interface and functionality and will be made available on ACES, with the filing deadline to be extended if ACES access is delayed.
KYC norms/AML Standards/CFT Standards – Obligation of Authorised Persons under PMLA, 2002
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Beneficial owner identification required: authorised persons must verify ultimate owners, control tests, and extend duties to agents.
Authorised Persons in money changing activities must identify and verify the beneficial owner of clients by determining the natural person who ultimately owns or controls the client through ownership or other means; where no such person is identifiable, verification must target those exercising control by other means or senior managing officials. Trusts require identification of settlors, trustees, protectors, significant beneficiaries and any natural person exercising ultimate control. Listed companies and their majority owned subsidiaries are exempt from shareholder/beneficial owner identification. Agents and franchisees are bound by the same obligations, and franchisers must ensure their compliance.
Clarification regarding deemed export benefits for supply against ARO/Invalidation letter against Advance Authorisation - reg
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Deemed export benefits clarified: ARO supplies get duty drawback and TED refunds; invalidation letter gives TED exemption and AA/DFIA.
Clarification distinguishes benefits for supplies against an Advance Release Order (ARO) and against an invalidation letter substituting for an Advance Authorisation: supplies against an ARO are eligible for refund of duty drawback and refund of Terminal Excise Duty (TED); supplies against an invalidation letter receive an ab initio exemption from TED (no TED refund) and may be covered by issuance of AA/DFIA for intermediate supply.
Guidelines for Setting up Disaster Recovery (DR) and Business Continuity Plans (BCP) Centers for IT / ITES SEZs
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Disaster Recovery and Business Continuity: SEZ guidelines permit approved data and personnel relocation with prescribed approvals and notifications.
Guidelines set a regulatory framework for DR/BCP in IT/ITES SEZs: define qualifying disasters; permit movement of backup data and storage media for non commercial internal DR/BCP without export treatment or commercial invoices while requiring records and duty on media; require SEZ unit approval from the Development Commissioner for DRC/BCP sites with specified infrastructure, 48 hour notification on activation, initial 90 day relocation validity extendable by DC, and coordination between DCs. Third party DR/BCP offered commercially by SEZ units is treated as NFE earning activity.
Foreign Exchange Management Act,1999 - Import of precious and semi precious stones- Clarification
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Trade credit usance limit for precious and semi-precious stones set to short-term from shipment; AD banks must enforce.
Suppliers' and Buyers' Credit including the usance period of Letters of Credit for import of precious and semi precious stones shall not exceed ninety days from the date of shipment, with immediate effect; AD Category I banks must apply the limit and inform their constituents, while prior instructions on related metal and diamond imports remain unaffected.
Requirement of issuing Show Cause Notice under Section 124 of the Customs Act, 1962 to the owner of goods within stipulated period of six months of the seizure of goods or during extended period - Release of seized goods in case of non-compliance of same under provisions of Section 110(2) of the Customs Act, 1962 - Regarding.
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Show Cause Notice requirement: failure to issue within stipulated time leads to unconditional restoration of seized goods unless extension granted.
Issue the Show Cause Notice to the owner of seized goods within the prescribed seizure inquiry period or within any lawfully extended period; the Commissioner may extend time only if satisfied that sufficient cause exists and the total period remains within statutory limits, with the burden of proof on the Customs officer. Provisional release does not obviate the need to issue the notice, and failure to do so entitles restoration. Investigating officers must expedite investigations, submit draft notices, report pendency, and ensure compliance to protect revenue.
Gold Exchange Traded Fund Scheme (Gold ETFs) Investment in Gold Deposit Scheme (GDS) of Banks
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Gold ETF investment in bank Gold Deposit Schemes allowed, subject to policy approval and capped limits under SEBI guidelines.
SEBI designates Gold Deposit Scheme (GDS) of banks as a permitted gold related instrument for Gold ETFs, subject to: a cap of 20% of scheme assets for investment in GDS; a written AMC/trustee approved policy requiring prior trustee approval for each GDS investment and annual policy review; and a requirement that bank issued gold certificates be held only in dematerialised form.
Gold Deposit Scheme
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Gold Deposit Scheme expansion allows mutual funds and gold ETFs to deposit qualifying physical gold under modified operational rules.
The Gold Deposit Scheme is amended to allow Mutual Funds and Gold ETFs to deposit physical gold, to recognise dematerialised Gold Certificates transferable under depository rules, to exempt LBMA compliant gold from destructive assay when accompanied by acceptable certification, to permit Trusts as depositors, to change deposit maturities to six months through seven years, and to require banks to inform RBI and report consolidated monthly mobilisation and deployment using the prescribed annexure.
Introduction of Periodic Call Auction for Illiquid Scrips and Extension of Pre-open Session to all Scrips
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Periodic call auction mandated for illiquid securities, with defined session mechanics and penalties to protect market integrity.
Trading in identified illiquid scrips must occur only through periodic call auction sessions with quarterly identification, two trading days' notice for entry or exit, a minimum period before exit, hourly sessions with specified windows for order entry and matching, purging of unmatched orders, intraday price bands subject to tightening for surveillance, circuit-breaker cancellation and resumption rules, and a penalty regime for self-matching collected into an investor protection fund.
Customs -Pendency of Brand Rate Claims - Regarding
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Brand Rate documentation: exporters must submit sanction letters or attested application and declaration or risk disposal of claims.
A large number of Brand Rate Drawback shipping bills are pending for want of Brand Rate sanction/fixation orders; lists are published on the Commissionerate website. Exporters/CHAs must submit either the Brand Rate sanction/fixation letters issued by jurisdictional Central Excise Commissionerates or, if not yet sanctioned, the application filed with Central Excise plus a self-declaration that the brand rate is not fixed, both attested by the jurisdictional DC/AC. Failure to submit the required documents by the deadline will result in the pending claims being disposed of as not pursued.
Implementation of Risk Management System for imports under the 100% EOU Scheme - Imports under Procurement Certificate - Reg.
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Procurement Certificate requirement will replace Block Transfer Certificates for EOU imports, standardising clearance and improving reconciliation.
Imports under the EOU scheme will be allowed only on production of Procurement Certificates and the system of Block Transfer Certificates shall be discontinued; no fresh Block Transfer Certificates will be registered, already registered bonds may be utilised in full, and Re warehousing Certificates must be submitted within the specified transition period to enable re crediting of entries.
All the registered dealers and contractees (TAN holders) will make payment of their tax, interest and penalty or any other payment due under the DVAT Act 2004 and CST Act compulsorily through Electronic Mode of payment from e-payment portals of the notified banks.
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Electronic tax payment mandated; banks must facilitate third party cash or cheque deposits and submit online challans.
All registered dealers and TAN holders must pay tax, interest, penalty and other dues under the DVAT Act, 2004 and CST Act via electronic e payment portals of notified banks. Notified banks are authorised and directed to act as third party facilitators for dealers lacking internet banking or unwilling to use it: banks may accept cash or cheque, fill the online challan on behalf of the dealer and deposit the funds online from a bank account, and may charge a service fee.
Standard Operating Procedure (SOP) for handling Suspicious Transaction Reports (STRs).
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Suspicious Transaction Report handling: establishes standardized procedures for assignment, verification, investigation and reporting under income tax administration.
SOP requires maintaining an electronic searchable register of STRs with specified fields and mandates transfer of STRs to jurisdictional DITs within a prescribed short period; DITs must check prior STR history, assign related STRs to the same Addl/Joint DIT, and Addl/Joint DITs must triage, assign investigations, segregate search fit cases, and complete assignment steps within the prescribed timeframe while using internal databases for verification before issuing summons or notices.
All the registered dealers and contractees (TAN holders) will make payment of their tax, interest and penalty or any other payment due under the DVAT Act 2004 compulsorily through Electronic Mode of payment from the e-payment portals of the notified banks.
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Electronic payment requirement mandates dealers use e payment portals; banks may accept cash/cheque and submit online for them.
Registered dealers and contractees must pay tax, interest, penalty and other dues exclusively via electronic payment portals of notified banks. Notified banks may act as third party facilitators for dealers without internet banking by accepting cash/cheque, filling the online challan on the dealer's behalf and depositing funds from a dummy account, with nominal service charges permitted. Banks cannot correct wrongly entered challans; corrections will be made by the Department only on dealer application supported by a bank certificate.
Deletion of pesticides from SION,J-373 (Textile Product)
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Deletion of pesticides as permissible input in textile SION: immediate removal changes eligible inputs for export product composition.
Pesticides (Biocides/Fungicides/Herbicides/Insecticides) are deleted as a permissible input under SION J-373 for textile products with immediate effect following withdrawal of the earlier public notice. The amended SION J-373 retains the following permissible inputs and their specified quantities: raw cotton (not carded or combed); grey cotton fabrics (75-95 GSM) suitable for packing cotton bales; PP/HDPE/LDPE/LLDPE granules for plastic woven packing fabrics; mild steel coils (width 1/2 inch-3/4 inch); and PVC straps.
05/2013 - 12-02-2013 Companies Law
Filing of Balance Sheet and Profit and Loss Account in eXtensible Business Reporting Language(XBRL) mode for the financial year commencing on or after 01.04.2011
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XBRL filing deadline extended: no additional fee or penalty for delayed financial statements within the new AGM tied extension period.
Extension of the filing window for financial statements in eXtensible Business Reporting Language (XBRL) allows companies with financial years commencing on or after 01.04.2011 to file Balance Sheet and Profit & Loss Account in XBRL mode without additional fee or penalty for the Ministry specified extended period; all other terms and conditions of General Circular No.16/2012 remain unchanged.
Government Once again urges all Tax Payers to Disclose their true income and pay Appropriate Taxes within the Current Financial Year
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Tax compliance data matching prompts targeted notices to non-filers to secure return filing and tax payment.
A business intelligence data matching exercise using AIR codes, CIB data, TDS/TCS returns and Cash Transaction Reports identified non-filers for targeted follow up; individualized summary notices are being sent, a Nodal cell will capture responses, and an online monitoring system will track return filing and tax payment to secure voluntary disclosure and compliance.
U/S 261 of the Income Tax 1961 - Finance Minister's directions on filing of SLP in Supreme Court - Drafting of SLP & framing proper substantial question of law
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Substantial Question of Law: ensure precise drafting and departmental assistance when proposing special leave petitions.
Directives mandate that the Substantial Question of Law be clearly drafted to reflect the statutory controversy as raised in the courts below; field officers must assist law officers and drafting counsel. When drafting is assigned by the Central Agency Section, the CIT/DIT must provide assistance, vet and approve the final SLP draft by e-mail within two days, and coordinate with nodal officers. For matters admitted and converted to civil appeals, the CIT/DIT must prepare a factual/legal brief once the case appears in the advance cause list and send a soft copy to the Directorate within fifteen days.
Centralisation of search cases
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Centralisation of search cases: require prompt proposals, reasoned show cause notices, and safeguards against limitation and asset dissipation.
The Investigation Directorate must initiate centralisation of search cases immediately, sending proposals and lists to the Central charge within thirty days. Draft show cause notices must be prepared for cases proposed to be centralized outside the jurisdiction, with specific reasons and opportunity to be heard; jurisdictional officers must pass speaking orders. Connected cases lacking investigative potential should generally not be centralized and must be decided by the time the appraisal report is sent. Where centralisation is delayed by litigation or stays, authorities must protect limitation, prevent asset dissipation, consider proceeding in the original jurisdiction, and pursue vacation of stays.
Opening of NRO accounts by individuals of Bangladesh Nationality
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Non Resident Ordinary Rupee account opening allowed for Bangladeshi individuals subject to visa, residential permit and quarterly reporting.
Authorised banks may open Non-Resident Ordinary Rupee (NRO) accounts for individuals of Bangladesh nationality without Reserve Bank approval provided the bank verifies a valid visa and residential permit from the relevant FRO/FRRO, maintains branch-level records, and the Head Office submits quarterly reports to the Under Secretary (Foreigners), Ministry of Home Affairs with specified personal, travel, permit and branch contact details.

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Taxability of goods involved in Horticulture contracts

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VAT on goods in works contracts applies even where goods are schedule-exempt; declared goods retain separate statutory treatment.
A composite horticulture agreement constituting a works contract triggers VAT on the transfer of property in goods involved in execution of that contract; ... Summary

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Acts Income Tax