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Circulars
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Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports.
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Letter of Undertaking acceptance confirmed upon online ARN; physical documents not required and post-acceptance eligibility may trigger rejection.
An LUT for exports shall be submitted via FORM GST RFD-11 on the common portal and is deemed accepted upon generation of an online acknowledgement bearing an ARN. No physical documents need to be submitted to the jurisdictional office for acceptance. If an exporter later proves ineligible to furnish an LUT in lieu of a bond, the LUT may be rejected and treated as rejected ab initio.
Strengthening the Guidelines and Raising Industry standards for RTA, Issuer Companies and Banker to an Issue
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RTA compliance standards tightened requiring enhanced record keeping, electronic payment reconciliation, and compulsory annual internal audits.
SEBI mandates strengthened standards for RTAs, Issuer Companies and Bankers to an Issue requiring secure sharing and reconciliation of Dividend/Interest/Redemption master files, prioritisation of electronic payments with documented verification of bank details, cancellation and return of funds for unpaid instruments, and retention of reconciliation records for eight years. RTAs must maintain immutable folio histories, implement maker checker controls and front end only updates with system logs, provide certified quarterly member and debenture registers, pursue PAN/bank KYC collection for physical folios with notice procedures, and apply enhanced due diligence and system alerts for suspicious or long unpaid accounts. RTAs must undergo annual independent internal audits with specified auditor eligibility, reporting, and corrective action requirements.
IT grievance redressal mechanism.
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IT grievance redressal mechanism streamlines GST portal technical complaints through a nodal officer and weekly committee reporting.
An IT Grievance Redressal Mechanism is set up for GSTN portal technical issues only, excluding legal matters. Taxpayers must report glitches through the jurisdictional range officer with supporting evidence, and the issues are to be compiled in the prescribed format and forwarded through the designated nodal officer to the GSTN IT Grievance Redressal Committee every Monday. The mechanism requires specific complaint details, including GSTIN, affected functionality, error history, screenshots, and nodal officer remarks.
Goods and Service Tax – Transition Relief – Scenario and Guidelines – Issuance of certain instructions
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Transition relief verification required; Joint Commissioners must verify SGST transition claims and report compliance promptly.
The circular directs administrative verification of taxpayer claims for transition relief under the State GST transition provisions, forwards a list of cases where such relief was claimed, and instructs Joint Commissioners to undertake immediate verification and report compliance.
Compliance of E-Waste (Management) Rules, 2016
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Extended Producer Responsibility required for importation of electrical and electronic equipment; imports permitted only with valid EPR authorisation.
Producers, importers and relevant stakeholders dealing with electrical and electronic equipment listed in Schedule I must implement Extended Producer Responsibility frameworks and obtain EPR Authorisation; imports are permitted only for producers holding valid EPR Authorisation. New equipment must meet prescribed hazardous substance limits in homogeneous materials, and customs and port authorities are required to verify EPR Authorisations, report illegal traffic to the Central Pollution Control Board and take action against importers for violations.
Compliance of provisions of the E-waste Management Rules, 2016 issued by the Ministry of Environment, Forest and Climate Change
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Extended Producer Responsibility requirement: importers must present EPR authorization for listed electronic and electrical goods at import clearance.
Importers of electrical and electronic equipment listed in Schedule I of the E-waste Management Rules, 2016 must obtain and produce an Extended Producer Responsibility (EPR) Authorization from the pollution control authority when importing such equipment, including components, consumables, parts and spares; this requirement applies from the date of the public notice and is issued as a standing order for officers.
Introduction of new RBI-BRC Module for monitoring of realization of Export proceeds for shipping bills with LEO dates from 01.04.2014 onwards
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BRC Module enforcement: online monitoring now required for realization of export proceeds for applicable shipping bills.
The new BRC Module requires exporters to use the RBI linked online BRC/EDPMS interface for monitoring realization of export proceeds for EDI shipping bills with LEO on or after 01.04.2014; manual dealer or chartered accountant six monthly statements will not be accepted. Pre cutoff shipping bills remain subject to prior circulars. Exporters should verify BRC integration via ICEGATE or their authorized dealer banks and report implementation difficulties to the BRC Drawback Section.
Annual Compliance Certificate for Insolvency Professional Agencies
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Insolvency professional agencies must submit and display an annual compliance certificate detailing governance, monitoring and disciplinary disclosures.
IPAs must submit and publicly display an Annual Compliance Certificate in a prescribed format, including a detailed Annexure requiring itemised disclosures on member admission and eligibility, monitoring of professional standards, governance and committee composition, infrastructure and financial thresholds, grievance redressal, disciplinary outcomes, publication of bye laws and member performance, and verification that the certificate was placed before the IPA's Board; partial non compliance must be remedied by dates indicated.
Clarification regarding procedure for recovery of arrears under the existing law and reversal of inadmissible input tax credit-reg.
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Recovery of arrears under TSGST Act: unrecovered pre GST tax and inadmissible credits collectible via electronic ledgers.
Tax and credit amounts determined under pre GST proceedings that remain unrecovered must be collected as arrear of tax under the TSGST Act. Wrongly availed or inadmissible transitional input tax credit, arrears of VAT and other existing law taxes, and associated interest, penalty and late fee are to be recovered by utilising balances in the registered person's electronic credit or cash ledger and recorded in Part II of the Electronic Liability Register (FORM GST PMT-01). Unregistered dealers' arrears are to be collected in cash under existing law procedures.
Procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances.
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Procedure for interception, inspection, detention, release and confiscation of goods and conveyances in transit under GST law.
Establishes a uniform procedure for interception and inspection of conveyances and goods in transit under the TSGST Act, requiring production and verification of prescribed documents and e way bill validation; designates proper officers to intercept, issue FORM GST MOV 02 for physical verification, complete inspection within three working days (or by authorized extension), and record reports in FORM GST EWB 03 and FORM GST MOV 04. Where discrepancies are found, detention under section 129 is effected by FORM GST MOV 06 with notice in FORM GST MOV 07, release on payment or security per FORM GST MOV 08/05/09, and initiation of confiscation under section 130 by FORM GST MOV 10/11 if demands remain unpaid.
Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports.
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Export under Letter of Undertaking permits tax-free export subject to electronic filing, eligibility rules, and bond or guarantee conditions.
Registered persons may export goods or services without payment of integrated tax by furnishing a Letter of Undertaking (LUT) in FORM GST RFD-11 online, which is deemed accepted when an ARN is generated; no physical documents are required. LUT validity is for the financial year but may be withdrawn if post-shipment tax obligations are unmet; ineligible exporters must furnish a bond with a bank guarantee. Exporters may use running bonds to cover estimated integrated tax liability and must maintain records of debit/credit entries for inspection.
6173/CT - 19-04-2018 GST - States
Registration of TDS Authorities under GST Act
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TDS under GST: designated authorities must register as tax deductors on the GST portal before deductions commence.
TDS provisions under the GST Acts require specified government bodies and related entities to register on the GST portal as Tax Deductors. Identified categories include Central and State departments, local authorities, statutory authorities and boards, government-established societies, and public sector undertakings; existing taxpayer registrations do not substitute for TDS registration. Administrative steps mandate circle-level identification, a special registration drive, and nomination of a Nodal Officer to coordinate training, registration, remittance and return filing, while noting that registration does not immediately authorize tax deduction.
Classification of remnant fuel & oils -reg.
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Classification of remnant fuel: shipboard remnant fuels deemed incidental to ships and freed from import policy restrictions.
Remnant fuels and oils incidental to ship breaking were historically classed separately from ships, causing litigation over treatment as part of vessels and related confiscation and penalties. A later trade policy amendment expressly freed remnant high speed diesel and light diesel oil brought on board old ships for breaking from import policy restrictions, and field formations are to finalize pending provisional assessments in accordance with that amendment.
Amendment of IEC
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Change in company constitution now includes director changes, triggering mandatory IEC modification within thirty days.
Change in constitution of a public limited company now encompasses changes in its directors and such director changes must be treated as constitution changes for IEC purposes; affected companies are directed to update their IEC records to reflect director changes and make necessary modifications within thirty days from the date of this trade notice.
Customs Preventive Notification under the Customs Act, 1962
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Budge Budge Jetty-4 designated for loading dry fly ash for export to Bangladesh under controlled customs procedures.
Notification under section 8 of the Customs Act, 1962 designates Budge Budge Jetty-4 as a Customs Area limited to loading dry fly ash for export to Bangladesh via the riverine protocol; loading is pneumatically effected from the CESC Thermal Plant, supervised by TT Shed officers with ARE-I endorsement, Shipping Bill filing at HQ Technical Branch for appraisement, and issuance of export order and cross-border certificate by Hemnagar LCS upon seal examination.
Early Settlement of Disputes by availing the window of the Settlement Commission
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Settlement Commission window offers early dispute resolution through voluntary settlement options in customs show cause notices.
The notice directs insertion of a standard paragraph into show cause notices informing recipients of the option to seek settlement before the Settlement Commission by making a prescribed application with Full & True disclosure of omitted duty liabilities and the manner of their derivation under the Customs Act, Central Excise Act and applicable service tax provisions; it also allows noticees of earlier show cause notices to avail the settlement scheme and requests reporting of implementation difficulties.
Filing of references for restoration of struck-off/de-registered companies under Companies Act, 2013
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Restoration of struck-off companies: tax department must file NCLT references with MCA cooperation and nodal coordination.
Directs the Income-tax Department to file NCLT reference applications for restoration of struck-off/de-registered companies where parameters such as pending tax liabilities justify objection; ITD may act as an aggrieved creditor and should file before territorial NCLT Benches. MCA will cooperate and not oppose ITD applications; designated ITD nodal officers will receive public notices from RoCs and coordinate identification and filing of cases, with reporting to Member (A&J), CBDT and Pr. CIT/CITs identifying cases based on ITD and public information.
Subject: - Mechanism for drawal of representative samples in respect of DPD FCL containers from Terminals involving sampling by Customs or Participating Government Agencies (PGAs), operationalising “on-wheel sampling area for DPD FCL containers” -Reg.
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On-wheel sampling permits sealed sample drawal from DPD FCL containers at terminals, streamlining PGA testing and release procedures.
Operational framework permitting drawal of representative sealed samples from DPD FCL containers inside an on-wheel sampling area at NSICT Terminal by Customs and authorised PGAs to avoid shifting containers to CFS/warehouses. Importers must notify terminal and Customs in advance, obtain delivery orders, pay on-wheel sampling, seal-cutting and re-sealing charges, and have authorised representatives present. Terminal operators must provide one-day passes, seal cutters, ramps and facilitate provisional/final releases. Boarding/OOC officers will draw, seal, forward samples to designated laboratories and endorse OOC records accordingly. Test bonds and assessing-group procedures apply where relevant.
Procedure For Interception of Conveyances For inspection Of Goods In movement , and Detention , Release and Confiscation Of Such Goods And Conveyances.
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Interception of goods in transit: inspection, detention, release, confiscation, bonds and electronic liability under OGST rules.
Officers may intercept conveyances to verify prescribed documents and e way bills; where no discrepancy exists the conveyance is released (FORM GST MOV 05). If documents are absent, defective or goods require verification the officer records a statement (FORM GST MOV 01), issues a physical inspection order (FORM GST MOV 02), completes inspection within three working days (extendable by FORM GST MOV 03), reports findings (FORM GST MOV 04 / EWB 03) and, if necessary, detains goods (FORM GST MOV 06) and serves a notice (FORM GST MOV 07) proposing tax/penalty. Release may follow payment, bond and bank guarantee (FORM GST MOV 08) or a speaking order (FORM GST MOV 09); non payment leads to confiscation proceedings (FORM GST MOV 10/11) with demands recorded in the electronic liability ledger.
Procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances
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Interception of conveyances for document and e-way bill verification, detention, release, and confiscation procedures specified.
Designated proper officers may intercept conveyances to verify invoices, delivery challans and e-way bills. If documents are missing or discrepancies are found, the officer records a statement in FORM GST MOV-01, issues FORM GST MOV-02 for physical verification, completes inspection within three working days (extendable by FORM GST MOV-03), reports results in FORM GST MOV-04 and uploads findings on the common portal. Detention follows under section 129 via FORM GST MOV-06 and FORM GST MOV-07; release, security, payment, objection handling (FORM GST MOV-08/MOV-09) and confiscation (FORM GST MOV-10/MOV-11) procedures and portal reporting are prescribed.

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Regarding manual refund process

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Manual refund procedure for inverted duty structure, deemed export, and excess ITC claims, with nodal officer nominations for compliance.
Manual refund applications are prescribed for claims arising from inverted duty structure, deemed export, and excess ITC lying in the Electronic Cash ... Summary

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Acts Income Tax