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Circulars
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Advisory on rectification of errors for credit of IGST Refund
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IGST refund error rectification: exporters must check ICEGATE status and follow the Guide's error-code rectification measures.
Advisory requires exporters to check IGST refund status and error codes against shipping bills via ICEGATE, create an ICEGATE account if needed, and follow the Annexure A Guide explaining error codes and rectification measures; difficulties may be reported to the Assistant Commissioner of Customs, Drawback & GST Refund at Air Cargo Complex, NSCBI Airport, Kolkata.
Essentiality of 'Extended Producer Responsibility (EPR)-Authorisation' from CPCB for the Import of E-goods
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Extended Producer Responsibility requires prior authorisation for importing listed electronic goods, enforceable through prescribed application procedures.
EPR authorisation from the Central Pollution Control Board is required for importers offering to sell electrical and electronic equipment listed in Schedule I of the E Waste (Management) Rules, 2016, including components, consumables, parts and spares; producers importing such goods must apply for EPR authorisation in the prescribed Form 1 and comply to avoid import clearance difficulties.
Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports
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Export under Letter of Undertaking extended to all registered exporters with specified exclusions and procedural safeguards.
The facility to export without payment of integrated tax under a Letter of Undertaking (LUT) has been extended to all registered persons subject to exclusions for prosecuted persons exceeding a specified evasion threshold; the LUT is valid for the financial year but may be withdrawn if exports are not completed within prescribed time unless tax is paid. Procedural rules require submission of FORM GST RFD-11 (or downloaded form) to the jurisdictional officer, acceptance within three working days (deemed accepted if not acted upon), acceptance of self-declaration, and where bonds are required they must be on stamp paper with a bank guarantee of fifteen percent; running bonds and record-keeping obligations are specified.
Proper officer under Section 73 and of the Central Goods and Services Tax Act, 2017 and under the Integrated Goods and Services Tax Act, 2017.
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Proper officer designation under GST: Additional Commissioners authorised to issue show cause notices; adjudication allocation clarified.
All Central Tax officers up to the rank of Additional Commissioner are empowered to issue Show Cause Notices and orders under specified sub sections of Sections 73 and 74 of the CGST Act and corresponding IGST provisions; monetary limits for different officer levels are prescribed. Audit Commissionerate officers and DGGSTI may only issue Show Cause Notices, which must be adjudicated by the Executive Commissionerate where the noticee is registered. High value multi Commissionerate DGGSTI notices are to be adjudicated by an Additional Director/Additional Commissioner not on DGGSTI strength.
Classification of Telecommunication Antenna used at Base Transceiver Station/Node B/e Node B.
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Classification of telecommunication antenna clarified as classifiable under a specified tariff heading for GST compliance and trade notice.
Telecommunication antennae used at base transceiver stations/Node B/eNode B are classifiable under CTH 85176290 as stated in Instruction No. 01/2018 Customs; the Trade Notice instructs that this classification be communicated to trade, industry associations and concerned persons within the Commissionerate's jurisdiction for uniform tariff and GST application.
Visakhapatnam Custom House - Extension of facility of Direct Port Delivery to AEO clients
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Direct Port Delivery extension allows importers to receive non-selected containers under No Use Bond pending PGA clearances.
DPD importers may take delivery of containers not selected for examination to their premises on execution of a No Use Bond, while containers selected for examination, PGA clearance or NOC shall be moved to an approved CFS. Sampling by PGAs may be conducted at terminal, bonded warehouse or preferred CFS with resealing and movement under No Use Bond. No Use Bonds may be single or continuity bonds, are registrable with Customs, and cover circumstances pending PGA NOC or when containers are selected for examination; misuse triggers examination and penal action.
Designation of officers responsible for "Control of Documents as per SQM" (Service Quality Manual) for implementation of SEVOTTAM
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Control of Documents under Service Quality Manual designates process owners and enforces time bound service standards for SEVOTTAM implementation.
Designation of officers implements Control of Documents under the Service Quality Manual to operationalise SEVOTTAM in the Central Excise & Service Tax Commissionerate, Patna and its divisions. Named Process Owners are assigned responsibility for document control and for specific time bound services including acknowledgement of communications, decisions on declarations and assessments, refund disposal, registration, release of seized documents not relied upon in show cause notices, and export consignment clearance. Citizens must submit communications at a Centralized Receipt Section to obtain dated acknowledgement.
Providing the CDR & customer Details - regarding
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Power to summon CDR/SDR details enables customs officers to obtain telecom records directly without DRI referral.
Field formations of Customs may obtain SDR/CDR and customer details directly from telecom service providers by invoking the summons powers under Section 108 of the Customs Act, 1962; telecom providers' reliance on the Telegraph Act does not preclude compliance with such summons. DRI likewise uses this summons power, so routine referrals to DRI for obtaining telecom records are unnecessary.
DELGATION OF POWER VESTED IN COMMISSIONER (VAT)
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Refund approval delegation requires committee consent for large VAT refunds, with Special Commissioner I chairing the approval.
Under Section 38 of the DVAT Act, 2004, where a refund to a dealer exceeds the high value threshold, AVATO/VATO shall issue the refund order only after obtaining approval from a committee of all Special Commissioners, with the Special Commissioner I serving as Chairman; all other provisions of the earlier delegation order remain unchanged.
Delegation of Powers vested in Commissioner VAT
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High-value VAT refund approvals now require prior committee authorization by designated Special Commissioners.
Assistant/Deputy Commissioners (AVATO/VATO) are to issue high-value VAT refund orders only after obtaining prior approval from a committee of Special Commissioner I, Special Commissioner II and Special Commissioner III, with Special Commissioner I as Chairman, thereby aligning Sl. No. 4 of the earlier order with Sl. Nos. 2 and 3 and creating a mandatory internal approval mechanism for specified refund transactions.
Tax liability on wire manufactured from tax-paid wire rods under the provisions of the then prevailing Uttar Pradesh Trade Tax Act, 1948
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Manufacture and tax liability on wire from wire rods clarified under the Uttar Pradesh Trade Tax Act.
Tax liability on wire manufactured from tax-paid wire rods under the then prevailing Uttar Pradesh Trade Tax Act, 1948 is addressed in the light of the Supreme Court's decision in Commissioner Trade Tax v. S.S. International Electrodes. The Supreme Court held that iron rods and iron wires are one and the same commodity, and that extraction of wire from iron rods does not amount to manufacture under the relevant tax context.
Directives for processing of application for MEIS claims under Foreign Trade Policy 2015-20
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Processing of MEIS claims: RAs must rely on Shipping Bill ITC(HS) codes, with listed exceptions requiring description matching.
Regional Authorities must process MEIS claims primarily on the basis of the ITC(HS) code recorded in the Shipping Bill; for ITC(HS) codes listed in the Annexure, RAs must also match the Shipping Bill Export Product Description with the description in Table 2 of Appendix 3B before processing. The Annexure may be updated periodically. These directives apply only to applications not finalized as on the date of the Public Notice and do not require reassessment of earlier finalized cases.
Inclusion of Seaports located at Dhamra Port and Dighi Port under Para 4.37 of Hand Book of Procedures 2015-20. - reg.
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Seaport inclusion expands eligible ports for export promotion benefits under Chapter 4, enabling exporters at listed ports to claim incentives.
Two seaports are added to the Handbook of Procedures list of ports of registration, making them eligible for export promotion benefits under Chapter 4 of the Foreign Trade Policy. The addition places Dhamra Port and Dighi Port at the end of paragraph 4.37(a), with their alphabetical placement to be corrected in the revised handbook. The amendment is an administrative inclusion enabling exporters using these ports to claim benefits governed by the Handbook and Chapter 4, subject to existing policy conditions.
Orders of Supreme Court, High Courts and CESTAT accepted by the Department and on which no review petitions, SLPs have been filed– reg.
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Finality of High Court orders requires field formations to apply accepted precedents in pending excise and CENVAT cases.
The Department has accepted sixty-three High Court and CESTAT orders that have attained finality (no SLPs filed) and directs field formations to apply these accepted precedents to identical pending excise and CENVAT cases. The Circular is in two parts: Part I lists orders deciding points of law (e.g., invalidation of mandatory penalty rules, entitlement to CENVAT credit despite procedural irregularity, rebate filing rectification, re-insurance as input service), and Part II lists orders decided on facts or monetary limits (e.g., failures to prove clandestine removal, unreliable evidence, pre-deposit adjustments). Field units are urged to decide identical cases expeditiously.
GST CUSTOMS RELATED WORK- Change in jurisdictional authority to handle work relating to Customs such as Brand rate fixation, Acceptance of B-17 Bond/LUT, EOUs, Duty free import at concessional rate, etc-Customs Notification No.03/2018-Customs (N.T.) dated 10.01.2018 Communication thereof
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Change in customs jurisdiction: Customs formations now manage brand rate fixation, bond/LUT acceptance and concessional import controls.
Operational handling of brand rate fixation, acceptance of B 17 bond/LUT, EOUs, and duty free or concessional imports has been transferred to Customs formations from 15 January 2018; Commissionerate of Customs IV, Chennai is the jurisdictional authority for the specified GST & Central Excise territories. A Brand Rate Fixation Cell will process brand rate applications through filing, verification and competent authority determination. An Export Promotion Division will administer EOU/EHTP/STP matters, duty free and concessional import controls, bond execution and monitoring, verification of EPCG installations, and related demand and recovery functions.
Compensation to Retail Individual Investors (RIIs) in an IPO
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Compensation for failed IPO allotments due to bank errors: formula, claim window, and redress timeline for retail investors.
Compensation is required where RIIs are denied IPO allotment due to SCSB failures, calculated by (highest opening listing price minus issue price) x shares that would have been allotted x allotment probability; registrars must share allotment basis files with SCSBs. RIIs may file claims within three months of listing; SCSBs must resolve claims within fifteen days or pay interest at 15% per annum for delays beyond that period. No compensation if listing price is below issue price; issues subscribed between ninety and one hundred percent merit compensation for all attributable shares. The policy is effective immediately.
Implementation of Risk Management System (RMS) in Exports
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Risk Management System in exports streamlines clearance while enabling targeted verification and post-clearance audit.
The Risk Management System (RMS) creates an electronic risk-based process in ICES to determine whether Shipping Bills receive a Let Export Order or are routed for assessment and/or physical examination. RMS processes Shipping Bill data at submission and after amendments, issues instructions that appraising and examining officers must follow, and classifies consignments as facilitated, inspected before LEO, or interdicted for verification. The system integrates Compulsory Compliance Requirements from Allied Acts, mandates document submission at goods registration and LEO, and enables selection of post-LEO Shipping Bills for Post Clearance Audit.
Validity period of G / H category passes issued under Regulation 17 of CBLR, 2013
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Pass validity rules for customs broker employees: H passes two-year (or until licence), G passes coterminous with licence.
H category passes will be issued or renewed valid for two years from date of issue or until the Customs Broker License validity, whichever is earlier; G category passes will be issued or renewed valid until the Customs Broker License. Issuance and renewal are subject to CBLR, 2013 provisions including antecedent verification, and brokers must notify the CB Section and ensure surrender of passes when employees are removed.
Authorized Economic Operator (ADO) program - creation of AEO cell
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Authorized Economic Operator program: AEO cell created to assist applicants and deliver tiered customs facilitation benefits.
The notice promotes the Authorized Economic Operator (AEO) program at Kandla Custom House, describing tiered AEO certification (AEO-T1, T2, T3; AEO-LO) and attendant facilitation measures-including Direct Port Delivery/Entry, deferred duty payment for higher tiers, expedited refunds and drawback, acceptance of self-certified origin documents, paperless declarations and mutual recognition benefits-and establishes an AEO Cell at New Customs House, Kandla with designated officers and a Client Relationship Manager to assist applicants and accept submissions per Board Circulars.
FAQs related to IGST Refund
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IGST refund clarification released to address exporter representations and direct circulation to customs leadership for awareness.
The Board issued FAQs on IGST refund to address representations from exporters and trade associations about pending refund claims, clarifying eligibility, documentation, procedure and timelines; recipients (Principal Chief Commissioners and Chief Commissioners of Customs) are directed to circulate the FAQ to the EXIM community to create awareness, pursuant to Member (Customs) approval.

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Clarification on Unstitched Salwar Suits

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Classification of unstitched fabric remains as fabric under GST, attracting prescribed rate and no ITC refund.
Cut pieces of fabric sold unstitched retain their classification as fabric and continue to attract the uniform GST rate applicable to fabrics, with no ... Summary

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Acts Income Tax