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Circulars
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Amendment in Guidelines for Assessment and Scrutiny of Annual Return Forms 52, 52A, 52B for the year 2015–16 for Small Traders under UP VAT Act, 2008
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Deemed category scrutiny guidelines under VAT are amended with corrected return deadline, notice safeguards, and fixed assessment timelines.
Amendment to the assessment and scrutiny guidelines for annual return Forms 52, 52A and 52B for 2015-16 under the Uttar Pradesh Value Added Tax Act, 2008 corrects the filing deadline to 31.01.2017 and requires traders filing on or before that date to be examined for inclusion in or exclusion from the deemed category. Officers must conduct daily scrutiny of returns, issue notices under Rule 45(13) only on clear grounds, avoid unnecessary notices, decide deemed-category cases within 15 days of service of notice, complete the exercise by 30.11.2017, and submit weekly progress reports.
Liability, submission of return, registration, eligibility to make interstate sale/purchase and transfer of goods against Form-C and Form-F, etc.
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Interstate sale of non-GST goods: registration and Form C/Form F eligibility limited to dealers of the six specified goods.
The constitutional amendment confines CST and Assam VAT to six specified non GST goods; dealers trading only in other goods cease to be liable under CST and Assam VAT and prior CST registrations become infructuous. Dealers trading in the six goods remain liable, may retain earlier CST registrations, and may use Form C/Form F only for resale or for manufacture or processing of those six goods. Pending Form C/Form F for pre transition transactions may be sought online subject to scrutiny and approval.
Deduction of Tax at Source (TDS) in respect of works contractors and suppliers regarding.
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TDS on works contracts: fixed intra state and inter state deduction rates apply, with implementation currently deferred.
Works contracts are treated as composite supplies deemed to be services; a uniform TDS mechanism applies with distinct intra State and inter State deduction components. The circular reproduces GST rate categories for construction services and provides a valuation rule where, in supplies involving transfer of land, land is deemed to be one third of the total amount and the service/goods portion equals the remainder. The statutory TDS provision under GST is presently deferred and will be enforced from a notified date.
09/2017 - 05-09-2017 Companies Law
Exemptions given to certain unlisted public companies under the Companies (Appointment and Qualification of Directors) Rules, 2014 from the appointment of independent directors – reg.
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Joint venture definition clarifies exemption from independent director appointment under Rule 4 for certain unlisted public companies.
Amended Rule 4 exempts unlisted public companies that are joint ventures, wholly owned subsidiaries, or dormant companies from appointing independent directors; "joint venture" means a written joint arrangement where parties sharing joint control have rights to the net assets of the arrangement, consistent with Accounting Standards.
Facilitating taxpayers on filing of GST returns by way of live demonstration on GST Seva Kendras
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Filing of GST returns: assistance available through Seva Kendras providing live demonstrations and hands-on guidance to taxpayers.
Central GST Commissionerate, Indore has set up GST Seva Kendras at headquarters and divisional/range offices to provide departmental officer-led guidance and live demonstrations for electronic filing of GST returns and transitional forms. Contact details were issued by public notice; the Kendras operate on working days during office hours to assist new and existing taxpayers and to promote smooth, confident filing. Trade and industry are requested to use and publicise this facility.
Facilitating taxpayers on filing of GST returns by way of live demonstration on GST Seva Kendras.
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GST return facilitation: live demonstrations and on-site guidance at Seva Kendras to assist taxpayers in filing returns.
Central GST Commissionerate, Jabalpur has set up GST Seva Kendras at headquarters and divisional/range offices to provide guidance and live demonstrations for filing GSTR-1, GSTR-2, GSTR-3, Trans-1 and Trans-2 returns for existing and new taxpayers; Kendras operate on working days during office hours and taxpayers may contact departmental officers for assistance.
System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B
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Reconciliation of GSTR returns requires adjustment of tax and ITC based on auto-populated GSTR-1/GSTR-2 data and ledger debits.
System-based reconciliation compares information in FORM GSTR-1 and FORM GSTR-2 with returns filed in FORM GSTR-3B: the portal auto-populates FORM GSTR-2A and drafts Part A of FORM GSTR-3. Taxpayers must amend GSTR-1/GSTR-2 invoice-level and other inward-supply details to correct liabilities and ITC. Where FORM GSTR-3 shows higher tax than paid in FORM GSTR-3B, additional tax must be paid by debiting the electronic cash or credit ledger with interest; excess ITC evidenced in FORM GSTR-2 is credited to the electronic credit ledger. Returns are valid only after payment and matching procedures are completed.
Signature of Customs official on the final Print- outs of bills of entry
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Signature requirement for bills of entry removed as print-outs are computer-generated and customs officers will not sign them.
Duplicate and triplicate bills of entry are produced by the Customs EDI System after Out Of Charge; these computer generated print outs are not mandatorily required to bear Customs officials' signatures, and officers' signatures will not be appended to out of charged bills of entry.
Facility of Manual Let Export order for Export consignments during the period of failure of EDI-System
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Manual Let Export Order permitted when EDI connectivity fails, allowing manual clearance after required physical examination is recorded.
Manual issuance of Let Export Order is authorised where the EDI system or tele-link to Container Freight Stations is non functional for at least one continuous hour, provided goods have been physically examined per examination orders and the examination report is recorded on the hard copy Shipping Bill and its photocopy. The Assistant/Deputy Commissioner (Export) may permit manual LEO after confirmation of outage by the System Manager/AC (EDI). The superintendent retains the original, issues manual LEO on copies, and must feed examination reports into the EDI when restored.
Facility of Manual Out of Charge of import consignments
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Manual Out of Charge procedure allows physical clearance during EDI outages when inspection confirms goods fit for release.
Manual out of charge is permitted when EDI connectivity between CFS and the main server is non functional for a continuous minimum period and goods have been examined and found fit for release. The Assistant/Deputy Commissioner (Docks), after consulting the System Manager/AC (EDI), authorises manual out of charge and records each instance in a dedicated register. The shed Superintendent records examination reports on the hard copy and photocopy of the Bill of Entry, retains the original, permits delivery on the photocopy, and uploads the reports into EDI once connectivity is restored.
Non- requirement of signature and stamp of LEO officer on the final Print- out of shipping Bill
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No signature requirement for LEO officer; final shipping bill printouts are system generated and valid henceforth.
Final print outs of Shipping Bills produced after grant of Let Export Order (LEO) are system generated and display the name and SSO ID of the officer who gave LEO; therefore, the physical signature and stamp of the LEO officer are not required on the final Shipping Bill print out, and this practice is effective henceforth, with operational queries to be directed to the issuing office.
Customs - Implementing Electronic Sealing for Containers by exporters under self-sealing procedure prescribed vide circular 26/2017-Customs dated 1st July, 2017
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Electronic sealing for containers requires exporters to use certified RFID one-time seals and upload immutable seal data before dispatch.
Implementation of an electronic sealing regime requires exporters opting for self-sealing to procure prescribed RFID one-time-bolt seals, declare the physical serial number when filing the shipping bill or before dispatch, and upload non-editable seal metadata (including IEC, shipping bill details, e-seal number, sealing date/time, destination Customs station, container and trailer identifiers) via a vendor web/mobile application. Vendors must certify conformity, transmit data to RMD and destination ports/ICDs, provide reader-scanner capability at ports/ICDs at their cost, and integrate their data retrieval servers with ICEGATE; Customs will verify seals and examine tampered seals.
Clarification regarding issue of statutory forms
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Interstate purchase restrictions: Form C use limited to six specified goods; other dealers lose CST registration and Form C access.
Amendments limit the CST Act and PVAT Act to six specified goods; dealers selling goods other than those six cease to have CST/PVAT liability and related registrations become infructuous, while dealers dealing only in the six goods remain liable, retain existing registrations, and may procure interstate against Form C solely for re-sale or processing of those six goods; pending C Forms for pre-amendment transactions may be applied for online and issued after scrutiny.
Launch of Income Tax Business Application (ITBA) - Investigation Module Phase 3 - Recording of Search and/ or Survey Operations and creation of relevant reports
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Abatement of assessment proceedings automated via ITBA Investigation Module upon Two Hourly and Preliminary Search Reports generation.
Phase 3 of the ITBA Investigation Module provides digital recording of search and survey operations through creation of a Two Hourly Report generating a unique Search & Survey Id workitem, capture of premise level findings and seizures enabling Preliminary Search Reports, and compilation and approval workflow for Appraisal Reports which, once approved, are transmitted to assessing officers and can create pendency for assessment proceedings when the Assessment Module is active. The System also automates abatement of pending proceedings under the second proviso to section 153A upon generation of the Two Hourly and Preliminary Search Reports.
Breach of confidentiality of information provided by FIU-IND
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Confidentiality of FIU information: officers must not disclose FIU/STR sources, must limit requisitions, breaches invite sanction.
Information received from FIU IND is to be protected from unauthorised use and dissemination, handled only on a need to know basis, and not transferred to third parties without prior consent; the source or designation as STR must not be disclosed in communications or used as evidence in departmental or judicial proceedings. Officers should requisition only documents directly relevant to income tax investigations, avoid calling for material pertinent to other statutes, and observe heightened confidentiality for foreign intelligence; deviations will attract strict disciplinary action.
System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B.
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System reconciliation of GST returns mandates portal-matched adjustments to tax payable and input tax credit with ledger-based payments and interest.
System-based reconciliation aligns data from FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B: the portal auto-populates FORM GSTR-2A and drafts FORM GSTR-3, compares tax payable and ITC, requires additional payment by debiting electronic cash or credit ledger with interest where tax payable exceeds GSTR-3B, credits excess eligible ITC to the electronic credit ledger where applicable, and carries forward unreconciled reductions to subsequent returns; returns become valid only after payment of tax as per reconciled FORM GSTR-3.
System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B.
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System reconciliation of GSTR returns triggers adjustments to tax payable or input tax credit and enables ledger-based payment or credit.
System-based reconciliation aligns provisional return figures with details in outward and inward supply statements; recipients may amend auto-populated inward data and corrections to the provisional return must be made via outward or inward statements. The portal auto-drafts definitive return tables, requires additional payment via electronic cash or credit ledger with interest where payable, and credits additional eligible ITC to the electronic credit ledger when established. Excess reductions in liability may be carried forward; provisional returns filed without payment remain subject to reconciliation and interest, with matching and amendment following statutory rules.
Directions to Bank
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Pre-authorized bank debit suspension for specified imports requires exporters to verify clients' bank authorizations before proceeding.
Algerian banks have been directed to suspend pre-authorized direct debit instructions for imports of listed food products, finished goods and industrial equipment. Article 29 of Regulation No.07-01 requires a pre-authorized bank debit instruction for transfers, fund repatriation and customs clearance; exporters should verify with their Algerian clients that this bank formalities were completed before 4 July 2017.
Goods Registration timings for examination of export goods at Export Docks
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Goods registration timings: Export docks to register shipping bills; inspections in two rounds and LEOs issued after examination.
Goods registration and export examination at Export Docks must follow prescribed daily registration hours and two inspection rounds, with Let Export Orders issued only after feeding of examination reports; stuffing reports must be entered the same day or, if done late, by the next morning, and supervisory officers must monitor compliance.
Deduction of Tax at Source (TDS) under GST.
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Deduction of Tax at Source under GST suspended pending commencement of Section 51; departments must refrain from TDS until notified.
Section 51 of the State GST statute has not been brought into force; government departments are directed not to undertake any TDS deductions under GST until the provision is notified. An earlier instruction limiting deductions to a specified date is superseded by a further deferral, and departments must instruct subordinate offices to refrain from TDS under GST until further orders.

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Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods and Service Tax Rules, 2017.

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Extension of time for submitting FORM GST TRAN-1 granted, altering the filing deadline for transitional credit declarations.
The Commissioner, invoking powers under rule 120A read with section 168 of the Nagaland GST Act and on the GST Council's recommendation, extends the ... Summary

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Acts Income Tax