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Circulars
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Revised Formats under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011
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Disclosure requirements for exempt acquisitions require three year Chapter V compliance and timelines for stock exchange and SEBI filings.
Revised formats require acquirers relying on takeover exemptions to demonstrate three year Chapter V compliance and to provide standardized intimation and reporting templates that specify parties, relationship, rationale, pre and post transaction shareholdings, market based pricing (VWAP or prescribed valuation), declaration that acquisition price does not exceed the computed price by more than twenty five percent, and timelines for filings with stock exchanges and the regulator.
Reduce litigation and maintain consistency assessments of income arising from transfer of unlisted shares no formal market exists for trading.
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Capital gain classification for transfers of unlisted shares ensures uniform tax treatment regardless of holding period.
Income arising from transfer of unlisted shares for which no formal market exists shall be considered under the head Capital Gain irrespective of holding period to reduce disputes and maintain uniformity; exceptions apply where transaction genuineness is questionable, where lifting the corporate veil is implicated, or where transfer includes control and management of the underlying business, in which cases the Assessing Officer may take an appropriate view.
Update on measures taken to simplify tax administration
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Tax administration simplification improves electronic procedures and credit flows, easing compliance and export facilitation.
Measures to simplify tax administration emphasise publicising reforms to trade, standardising procedures and electronic facilitation. Export measures include electronic and provisional drawback payments, transferability of duty credit scrips, exemption from certain excise payments against advance authorisations, eased temporary import procedures for exhibitions, reduced documentary verification of export realisation, and allowance of private chartered engineer certificates. Central Excise and Service Tax reforms include acceptance of electronic records and digitally signed invoices, expanded CENVAT credit and simplified apportionment, extended time for credit claims, consolidation and revision of returns, simplified input-output ratio fixation, and reduced interest on late payments.
Imposition of Central Excise duty on jewellery- Constitution of sub-committee of the High Level Committee
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Excise duty on jewellery: registration deadline extended and staged payment permitted to align past months' liabilities.
Imposition of Central Excise duty on jewellery requires jewellers to obtain Central Excise registration, with the registration time limit extended to 01.07.2016. Although liability to pay duty is effective from 1 March 2016, assessees may make payments for March, April and May together with the excise duty payment for June 2016. Trade associations and chambers are requested to notify their members.
Opening of New Minor Head "506-lnfrastructure Cess" below Sub- Major Head "03-Non-Sharable Duties" under Major Head "0038-Union Excise Duties"
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Infrastructure Cess levy on specified goods: new accounting minor head and subheads established for collection and refunds.
Opening of a new minor head Infrastructure Cess under Major Head 0038-Union Excise Duties to record the levy introduced by the Finance Act, 2016, leviable from 1 March 2016 on goods in the Eleventh Schedule subject to notified exemptions. Four sub-heads-cess collection, other receipts, deduct refunds, and penalties-are established under minor head 0038-03-506 with specified Head of Accounts and SCCD codes as allocated by the Controller General of Accounts.
Release of Data by Income Tax Department
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Tax data release makes time series, PAN allotment and return statistics available online for policy analysis and forecasting.
Release of comprehensive tax datasets by the Income Tax Department, comprising Time Series Data for financial years 2000-01 to 2014-15, PAN allotment statistics for financial year 2013-14, and Income Tax Return statistics for assessment year 2012-13, drawn from internal MIS, Controller General of Accounts reports, and other government publications and published on the Department's official website for public viewing.
Submission of reports to Income Tax Settlement Commission
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Submission of reports: principal commissioners must sign and submit ITSC reports, noncompliance will be viewed seriously.
Reports to the Income Tax Settlement Commission must be submitted under the name and signature of the jurisdictional Chief Commissioner/Principal Chief Commissioner; the ITSC (Procedure) Rules, 1997 prescribe submission by the CIT concerned, and recurring direct submissions by Assessing Officers or junior officers are to cease as non compliance will be viewed seriously.
Assign charge of the Posts of Chief Commissioners/Director General of Customs & Central Excise, Delhi
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Charge assignment of senior customs posts: officers given immediate additional charge pending further administrative orders.
Immediate administrative assignment of additional charge of specified senior Customs and Central Excise posts to designated officers has been ordered, to operate in addition to their present duties and to remain effective until further orders. The Principal Commissioner, DGHRD, Delhi is assigned charge of the Director General, NACEN, Delhi; and the Principal Commissioner, ICD (Import), Tughlakabad, Delhi is assigned charge of the Chief Commissioner Customs (Preventive), Delhi and the Chief Commissioner Customs, Delhi.
Competition amongst the officers on relevant legal provisions, procedures and guidelines
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Mandatory knowledge competition for tax officers required monthly, with compulsory participation and rewards for top performers.
Mandatory participation is required of Assistant Commissioners, Assistant Value Added Tax Officers and Value Added Tax Inspectors in a recurring monthly competition testing knowledge of the Delhi Value Added Tax Act, the Central Sales Tax Act and related rules and procedures; top performers will be rewarded and given certificates, and detailed schedule and mode of the competition will be communicated to concerned officers in advance.
Procedure for e-payment of refund/rebate for implementation
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E-payment of refunds mandated through RTGS/NEFT to beneficiary bank accounts with consolidated cheques and UTR reconciliation.
Procedure mandates electronic payment of sanctioned refunds/rebates through authorized banks using RTGS/NEFT, with claimants providing a one-time bank-certified authorization. Designated Divisional Deputy/Assistant Commissioners will issue consolidated cheques and forward signed statements (Annexure-B), cheques, and soft copies to the authorized bank, which will credit beneficiary accounts after deducting applicable charges. Banks must provide UTRs and periodic scrolls for monthly reconciliation by the PAO, who will match scrolls with issued cheques and report discrepancies for verification; self-credit provisions continue for eligible assessees.
Framework for computation of book profit for the purposes of levy of MAT under section 115JB of the Income-tax Act, 1961 for Indian Accounting Standards (Ind AS) compliant companies.
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Book profit computation for MAT clarified: use net profit excluding other comprehensive income with specified inclusion rules.
The Committee recommends using net profit excluding Net Other Comprehensive Income as the basis for MAT book profit for Ind AS companies, subject to existing statutory adjustments. Permanently recorded OCI items should be included in book profit at specified times: revaluation surpluses and certain fair-value equity gains on realisation or disposal; remeasurements of defined benefit plans annually; and other permanent OCI items as they crystallise. First-time adoption transition adjustments are to be included according to whether they will be reclassified to profit or loss or will never be reclassified.
Minutes of the 70th meeting of the Board of Approval for SEZs held on 28th April 2016 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals
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Extension of SEZ approvals granted: Board extended multiple approvals and imposed conditioned compliance requirements.
The Board granted multiple extensions of formal approvals, in principle approvals and Letters of Permission for SEZ developers and units, often as final extensions or subject to receipt of statutory clearances and financial closure reports; approved co-developers subject to standard SEZ terms and a general maximum lease period with tax scrutiny preserved for lease rentals and related payments; approved certain SEZ proposals and sector additions while deferring others for lack of state recommendation; cancelled approvals for unsatisfactory progress subject to DC certification regarding tax/duty benefits; and directed specific disclosures and compliance in change-of-ownership cases.
Revised RSA Token Policy 2016
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RSA Token required for secured ITBA access; issuance, custody, deactivation, and replacement procedures mandated.
The policy mandates RSA SecurID tokens as mandatory second factor authentication for ITBA/ITD access; tokens are bound to employee identifiers, a PIN is communicated after binding, and no centralized login is permitted without both token and PIN. Distribution, training, updates, custody registers, spare stock management, and lifecycle procedures (leave, transfer, retirement, suspension, death) are managed by designated CIT(Admin & CO)/Pr. CCIT offices and Building in Charge officers, with the RSA Token database centrally maintained and deactivation required within 24 hours of loss or relevant events.
Risk weight of 100% has been stipulated in respect of investments in corporate bonds,
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Risk weight linkage to bond ratings: rating-differentiated capital charges specified for corporate bond investments for short and long term instruments
The circular mandates that risk weights for corporate bond investments by SPDs be linked to the bond's external credit rating: a graded scale applies to short term instruments ( one year) with lower weights for top short term ratings and higher weights for lower or unrated ratings, and a corresponding graded scale applies to long term instruments (> one year). The revision replaces a uniform risk weight and is effective immediately for capital adequacy calculations.
Opening and Maintenance of Rupee / Foreign Currency Vostro Accounts of Non-Resident Exchange Houses: Rupee Drawing Arrangement
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Collateral requirement for exchange house vostro accounts removed, leaving banks free to set collateral policies based on risk factors.
Mandated collateral for Exchange Houses under the Rupee Drawing Arrangement is withdrawn and AD Category I banks may determine collateral, if any, on a risk based basis considering factors such as pre funding, the Exchange House's track record, and whether remittances are gross or net; Master Direction No.2 will be updated and other instructions remain in force, pursuant to powers under the Foreign Exchange Management Act, 1999.
Procedure for grant of Factory/Warehouse Stuffing Permission to the Exporters
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Factory stuffing permission: consolidated LoFSP procedure requires sealed Central Excise verification and specified documentation for exporters.
Consolidated procedure issues a one time Letter of Factory Stuffing Permission (LoFSP) to exporters with valid IECs on submission of the prescribed application and enclosures and on receipt of sealed NOC and verification reports from jurisdictional Central Excise confirming genuineness, existence, suitability and functioning of exporter and/or stuffing premises. Status holders may receive a provisional time limited LoFSP pending sealed reports. LoFSPs are valid for exports from any customs station except prohibited goods, require specified documentation, permit Central Excise supervised examination, and are subject to cancellation or suspension on adverse findings.
Import of Goods: Import Data Processing and Monitoring System (IDPMS)
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Import Data Processing and Monitoring: banks must route and record all import transactions through centralised IDPMS for compliance.
A centralized Import Data Processing and Monitoring System (IDPMS) mandates that all Category I Authorised Dealer banks upload and manage import transaction data in real time, ensuring Customs and SEZ data flow to the RBI secured server and are shared with banks by AD Code. Banks must not process remittances until the Bill of Entry is reflected in IDPMS; non EDI ports require manual BoE upload by nodal branches. Limited write offs and time extensions are permitted under specified safeguards; outstanding remittances must be uploaded and BEF reporting will be discontinued once IDPMS is operational.
Foreign Exchange Management (Remittance of Assets) Regulations, 2016
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Remittance of assets: ADs may permit specified outward transfers from India; excess or hardship cases require RBI approval.
The Remittance of Assets Regulations, 2016 replace earlier rules and set when Authorised Dealers may permit outward transfers of funds or proceeds of assets held in India and when prior Reserve Bank approval is required. Definitions cover Non-resident Indian, Person of Indian Origin, remittance of asset, expatriate staff and not permanently resident. ADs may allow remittances for retirements, inheritances, student account closures, NRO balances and certain company liquidation or expatriate provident fund contributions, subject to documentary evidence, routing conditions and undertakings; excess or hardship remittances need RBI approval and all transactions remain subject to Indian tax laws.
Filing of online return for fourth quarter of 2015-16- extension of period thereof
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Extension of VAT return filing deadline for the fourth quarter; returns accepted until 16 May, tax payable as usual.
Deadline for filing fourth-quarter VAT returns for 2015-16 is extended to 16/05/2016 for online or hard-copy submission of prescribed DVAT forms with annexures; tax liabilities remain payable in the usual manner under the Delhi Value Added Tax Act. Dealers filing returns with digital signature need not submit a hard copy or Form DVAT-56.
4/2016 - 27-04-2016 Companies Law
Clarification with regard to Companies (Accounting Standards) Amendment. Rules 2016
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Accounting standards applicability: amended standards govern preparation of accounts for periods commencing on or after notification.
Amended Accounting Standards under the Companies (Accounting Standards) Amendment Rules, 2016 must be applied in preparation of company accounts for accounting periods that commence on or after the date of notification, thereby fixing the temporal applicability of the amendments and providing regulatory guidance for implementation and compliance.

Circulars

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Implementation of the Integrated Declaration under the Indian Customs Single Window – Reg.

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Integrated Declaration requirement: revised Bill of Entry format imposes new mandatory fields and electronic statement obligations.
Implementation of the Integrated Declaration under the Single Window revises the Bill of Entry format with several newly added and mandatory fields. ... Summary

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Acts Income Tax