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Circulars
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Amendment in Section 206C vide Finance Act 2016 - Clarifications
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Tax collection at source on high-value motor vehicle sales requires seller to collect tax on each retail sale exceeding the statutory threshold.
Amendments expand tax collection at source to require sellers to collect tax on cash sales of goods or provision of services above the cash-threshold (excluding bullion and jewellery) and on retail sales of motor vehicles above the motor-vehicle threshold. Sellers liable include governments, statutory bodies, companies, firms, cooperatives and audit-liable individuals; covered international organizations and diplomatic missions are excluded. The motor-vehicle provision applies per qualifying sale, irrespective of payment mode, and governs collection on the total consideration without cumulative application with the cash-sale rule.
Amendment in Para 4.47(a)(ii) of Hand Book of Procedures 2015-20 for allowing revalidation of Advance Authorizations along with Bond waiver
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Revalidation of advance authorizations with bond waiver permitted for input replenishment subject to ANF 4D and fee.
Revalidation of Advance Authorizations with Bond waiver is allowed where exports were made first on a pro rata basis; Regional Authorities may revalidate the authorization in continuation for a further six months for replenishment of inputs, provided the applicant submits ANF 4D, pays the requisite fee, and has not previously obtained revalidation under Para 4.41(a) of the Handbook of Procedures 2015 20.
Investor Protection Fund (IPF) of Depositories
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Investor Protection Fund rules require depositories to allocate profits and maintain a separate trust for investor protections.
The circular mandates establishment of an Investor Protection Fund (IPF) by depositories for investor education, market research and support of participant initiatives; requires internal, board approved utilization guidelines to be submitted to the regulator; prescribes Trust administration with specified membership, segregation of IPF assets and immunity from depository liabilities; specifies contribution sources including a portion of depository profits, fines, investment income and transfers from related reserves; and requires low risk, board approved investments plus monthly reporting and timely implementation.
Amendment to Chapter IX of the Customs Act, 1962 — Bond required to be filed under Section 59
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Bond requirement under Customs Act: amendment mandates bond filing for warehoused goods and related compliance.
Amendment requires filing of a bond under Section 59 for warehoused goods, pursuant to newly issued warehousing, custody and licensing regulations. The Department of Revenue has published notifications and circulars specifying goods eligible for special warehouses, removal and custody rules, licensing regimes, security requirements under the bond framework, procedures for ex-bond bills of entry, interest payment on warehoused goods, and solvency certification; these materials are provided to importers, CHAs and the trading public for guidance and compliance.
Consolidated FDI Policy
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Foreign direct investment rules set sectoral caps, defined entry routes and compliance obligations for cross border equity investments.
The Circular establishes a consolidated FDI framework effective June 7, 2016, defining eligible investors, investee entities and instruments, and prescribing two entry routes-Automatic and Government-together with sectoral caps, entry conditions, pricing/valuation norms, and reporting and remittance obligations. It details downstream investment calculation, transfer and conversion rules for capital instruments, sector specific limits and conditionalities, FIPB constitution and approval thresholds, and mandatory forms and procedures (including FC GPR and FC TRS) for compliance and documentation.
Instructions on Information returns to be furnished under Notification No. 4/2016-ST dated 15.02.2016
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State Electricity Agency information return requirement: authorised agencies must file Form AIRF for specified manufacturers annually, with electronic filing.
State Electricity Agencies must file the annual Form AIRF (with Annexure AIRA II) reporting manufacturers using induction furnaces or rolling mills who exceed the statutory clearance threshold; Principal Chief Commissioners/Chief Commissioners must identify and intimate such manufacturers, nominate liaison officers, ensure authorised officers submit returns, accept returns on computer media until e filing is ready, analyse and disseminate the data, monitor action, and forward format and verification suggestions to the Board.
Requirement of item-wise details in Forms Annexure-2A, Annexure-2B, DVAT-30 and DVAT-31
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Item-wise reporting requirement for DVAT returns and DVAT-30/31 now mandatory, with the prior quarter reporting optional.
Furnishing item-wise details in DVAT returns and in Forms DVAT-30 and DVAT-31 is mandatorily required from the tax period commencing 1st April, 2016; for the tax period 1st January, 2016 to 31st March, 2016 specifying item details shall be optional. Representatives reported practical difficulties due to software limitations and need for time to upgrade systems.
Notification of the ‘Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016’ and the ‘e-Waste (Management) Rules, 2015’ by Extraordinary Gazette Notification
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Hazardous and Other Wastes rules and e Waste rules notified; stakeholders must review and comply accordingly.
Stakeholders are informed that the Ministry of Environment, Forest and Climate Change has notified the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and the e Waste (Management) Rules, 2016; affected exporters, importers, customs brokers and agents must take cognisance and comply with these rules, and copies of the Gazette notifications are available on the electronic Gazette website.
Notification of Indirect Tax Dispute Resolution Scheme, 2016 vide Notification No. 29/ 2016-CE (NT) dated 31.05.2016
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Indirect tax dispute resolution suspends pending appeals and permits settlement through declaration, prescribed forms, and deposit compliance.
The Scheme permits a party in appeal before the Commissioner (Appeals) at the cut off to file a declaration with the Designated Authority. Prescribed Forms govern the process: Form 1 for declaration, Form 2 for acknowledgement which suspends the appeal for an interim period, Form 3 to report deposits under the Scheme within prescribed timeframes, and Form 4 for the Designated Authority's discharge order. The Commissioner will verify Form 4 against the Authority's copy and remove the appeal from pendency; such disposal has no binding precedent value.
Manner of payment of interest on warehoused goods
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Interest on warehoused goods payable at ex bonding; bank guarantee now secures extensions, removing upfront interest requirement.
The prior requirement to collect interest before allowing extensions of warehousing, and to issue demand notices for such interest, is removed. Interest, if payable, shall be paid at the time of ex bonding. In lieu of upfront interest collection, importers must furnish a bank guarantee (a percentage of duty and interest) before an extension is granted, with specified industry exemptions.
Procedure regarding filing of ex-bond bill of entry
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Ex-bond bill of entry filing on ICES required; customs station of import to assess and warehouses to verify via ICEGATE.
Importers must file ex-bond bills of entry on ICES for clearance of warehoused goods; the customs station of import will assess those bills. The assessed bill copy must be presented to the warehouse bond officer, who will verify particulars on ICEGATE and, if matched, permit removal by affixing a dated signature. On mismatch, the bond officer shall withhold removal and report to the appropriate Deputy/Assistant Commissioner for resolution with the customs station of import. Bonds and security are to be executed at the customs station of import, and EDI-based warehouse coding and monitoring will support administration.
Security under section 59 (3) of the Customs Act
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Security under Customs Act: waivers for specified imports and staged bank guarantee requirements for warehoused goods.
Section 59(3) requires importers to furnish security in addition to a bond for warehoused goods; specific categories (government imports, power-project machinery, project imports, petroleum, shipbuilding inputs, manufacture-in-bond units, supplies to diplomats/duty-free shops/ship and airline stores) are exempt. Transit requires comprehensive transit risk insurance in favour of the President of India covering duty for movements between customs stations and warehouses, with limited waivers. Storage follows staged bank guarantee requirements after the initial one-year free period, higher rates for sensitive goods, special rules for private bonded warehouses, and port-level extension authority vested in the Principal Commissioner/Commissioner of Customs.
Carriage of coastal cargo from one Indian port to another port in vessels carrying out coastal runs
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Coastal carriage exemptions streamline customs formalities while mandating coastal manifests and marking for domestic coastal shipments.
Coastal vessels carrying exclusively domestic coastal goods are exempted from specified Customs Act formalities, with a new requirement that coastal arrival and departure manifests be prepared in duplicate and submitted to the proper officer before arrival and departure when operating at EXIM berths. Containers and non containerised consignments must be marked "For Coastal Carriage Only," containers sealed with tamper proof one time seals, and no routine examination of coastal goods is required. The relaxations apply to Indian vessels and eligible foreign vessels under the Ministry of Shipping policy, subject to safeguards including random preventive checks and separate berthing where both coastal and foreign traffic exist.
Enlistment under Appendix 2E – Agencies Authorized to issue Certificate of Origin - (Non-Preferential)
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Certificate of Origin (Non Preferential) authorisation: new agencies added to FTP appendix to issue origin certificates.
Authorisation under the Foreign Trade Policy, 2015-2020 formally enlists specified agencies to issue Certificate of Origin (Non-Preferential). The Public Notice adds the named bodies to Appendix 2E, specifying their serial placements by state, and thereby authorises them to perform non preferential origin certification under the FTP administrative framework.
Custodianship of new premises
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Custodianship of premises granted for perishable handling, subject to notified conditions and commissioner concurrence.
Custodianship is granted to M/s Air India SATS Airport Services Private Limited for the Perishable Handling Centre ''AISATS Cool Port'' as an additional premises under the existing Air Cargo Complex custodian arrangement, subject to the conditions of Notification No. 23/2008 and the Handling of Cargo in Customs Areas Regulations, 2009, with alterations to buildings or plans requiring the Commissioner of Customs' concurrence and the custodianship being co-terminus with the existing notified custodianship.
Amendment to Ch. IX of Customs Act, 1962 - Insertion of Section 58A - Clarification regarding transitional provisions relating to Duty Free Shops/Ship stores/Airline Stores/Diplomatic Stores
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Licensing of special warehouses governs storage for duty free, ship, airline and diplomatic stores with transitional licensing requirements.
Insertion of Section 58A creates a licensing regime for special warehouses storing dutiable goods for duty free shops, ship stores, airline stores and diplomatic stores; Board notifications and regulations specify eligible end uses. Existing licensees may operate under customs lock during a limited transitional period but must apply under the Special Warehouse Licensing Regulation within the prescribed window to continue storage beyond that period. Duty free shops in customs areas are treated as points of sale, not warehouses; city and airport warehouses that can be customs locked qualify for licensing. Recovery of costs may be by merchant over time or cost recovery as determined locally.
Amendment to Ch IX of the Customs Act, 1962 — Removal of goods from a customs station - Instructions regarding affixation of one-time-lock
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One-time-lock requirement mandates serialised bottle seals endorsed on entry and transport documents to permit warehouse deposit.
Containers or closed conveyances removed from a customs station for deposit into a warehouse must be affixed by the proper officer with a serially numbered one-time-lock bottle seal; the OTL number and date/time of affixation must be endorsed on the bill of entry and transport document. Warehouse keepers inspect seals and permit unloading only if seals are intact. Customs stations must record the OTL number, bill of entry, truck/container number, date/time and the affixing officer's details. The Commissioner may exempt movements where the nature or transport of goods makes sealing impracticable.
Amendment to Ch IX of the Customs Act, 1962 - Bond required to be filed under section 59
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Triple duty bond requirement now mandates bond for warehoused imports, covering movement and accounting obligations.
An importer must execute a triple duty bond at the customs station of import for goods cleared into a warehouse, the bond remaining valid until goods are cleared for home consumption or exported. The bond covers movement from the import station to the warehouse, transfers between warehouses, and the due accounting of goods while stored. The prescribed bond formats have been finalized and supersede earlier bond forms.
Arrangement of Zones
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Zonal arrangement for VAT administration reclassifies municipal wards into twelve zones including e commerce and special categories.
The circular implements a zonal arrangement for VAT administration by classifying municipal wards into twelve administrative zones, including designated categories for E commerce, KCS, and a Special Zone; it supersedes the prior circular of 04.05.2016 and shall commence with effect from 03.06.2016.
Requirement of Solvency Certificate for the purposes of Private Warehouse Licensing Regulations 2016
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Solvency certificate requirement: importers must furnish bank solvency equal to stated maximum duty when applying for private bonded warehouse license.
Applicants for private bonded warehouse licences must furnish a solvency certificate from a scheduled bank equivalent to the maximum customs duty they declare will be involved on goods stored at any one time. Central, State and Union Territory administrations and their undertakings are exempt. EoUs, EHTP and STPI units are exempt because their security arrangements are governed by the Foreign Trade Policy. Solvency requirements for AEOs and ACPs are governed by their respective circulars.

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India-Mauritius Double Taxation Avoidance Agreement and related issues - Working Group to examine consequential issues arising out of amendment

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India-Mauritius DTAA review group to examine consequences of recent amendments and recommend administrative and regulatory responses.
A Joint Secretary led Working Group has been constituted to examine consequential issues from amendments to the India-Mauritius Double Taxation Avoidance ... Summary

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Acts Income Tax