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Circulars
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Electronic book mechanism for issuance of securities on private placement basis - Clarifications
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Electronic private placement rules: closed bidding and escrow settlement permitted, with yield time priority allotment required.
Regulatory revisions expand the electronic private placement regime to allow closed bidding, multiple yield allotment, and multiple investor bids, with allotment governed by yield time priority (yield first, then time, then pro rata). Settlement may occur via issuer escrow bank accounts or clearing corporation, with escrow pay ins restricted to bank accounts registered in the EBP system, RTA reconciliation obligations, and escrow release of funds only after RTA triggered corporate action instructions to depositories. Depositories may act as Electronic Book Providers and EBPs must update systems and disclosures accordingly.
Review of Implementation Status of “Commercial Tax Department at Your Doorstep” Initiative and Directions for Ensuring Timely Compliance
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Commercial Tax Department at Your Doorstep initiative directed officers to speed up dealer verification, record updates, and return-filing compliance.
Commercial Tax Department at Your Doorstep required officers to visit eligible dealers, update contact details, capture photographs through the Abhyuthan App, resolve return-filing difficulties, and conduct workshops. As implementation was found inadequate, directions were issued for daily review, deployment of all concerned officers, and completion of the work within the stipulated time with strict compliance.
Streamlining the process of public issue under the SEBI (Issue and Listing of Debt Securities) Regulations, 2008 (SEBI ILDS), SEBI (Issue and Listing of Non-Convertible Redeemable Preference Shares) Regulations, 2013 (SEBI NCRPS), SEBI (Public Offer and Listing of Securitised Debt Instruments) Regulations, 2008 (SEBI SDI) and SEBI (Issue and Listing of Debt Securities by Municipalities) Regulations, 2015 (SEBI ILDM)
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ASBA facility required; streamlined processing and accelerated listing timetable for public issues of debt securities and related instruments.
Issuance procedures require mandatory use of the Application Supported by Blocked Amount (ASBA) facility for public issues of debt securities, NCRPS and SDI; investors must submit ASBA bid-cum-application forms to SCSBs or specified intermediaries, who shall acknowledge receipt, capture and upload bid data to the stock exchange electronic bidding system, and in the case of SCSBs block funds in investor accounts. Stock exchanges will validate bid data with depositories, allow limited field modifications, provide investor status facilities, and coordinate with registrars, SCSBs and depositories to reconcile bids, determine allotment, effect demat credit and enable listing and trading under an accelerated post-issue timeline.
Clarification on the immunity provided u/s 270AA of the Income-tax Act, 1961
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Immunity under section 270AA does not preclude contesting earlier years nor imply acquiescence in penalty proceedings.
Section 270AA allows an assessee to apply for immunity from specified penalties and initiation of criminal proceedings-chiefly immunity from imposition of penalty under section 270A (excluding misreporting penalties) and from initiation of prosecution-subject to conditions and Assessing Officer discretion. Filing an immunity application does not preclude the assessee from contesting the same issue in earlier assessment years, and tax authorities must not treat such an application as acquiescence that justifies an adverse view in penalty proceedings for prior years.
Constitution of Standing Committee under sub-rule (4) of rule 97 of Central Goods and Services Tax Rules, 2017 -reg.
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Standing Committee under GST rule 97 constituted to advise on consumer-related GST matters; chaired by Consumer Affairs Secretary.
The order constitutes a Standing Committee under sub-rule (4) of rule 97 of the Central Goods and Services Tax Rules, 2017, invoking Section 168 of the Act, and prescribes its composition by office and rank: chaired by the Secretary, Department of Consumer Affairs; vice chaired by the Department of Expenditure Secretary or Financial Adviser in the Department of Consumer Affairs; includes senior revenue and GST board officers; and members representing rural development, food safety regulation, information and broadcasting, higher education, standards authorities, with the official in charge of the Consumer Welfare Fund as Member Secretary.
Customs - Simplification and rationalization of processing of AEO-TI application
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Authorized Economic Operator TI application processing simplified; new annexures 1 & 2 mandatory immediately for importers and exporters.
The Board has replaced Annexures A, C, D, E1, E2, E3 and E4 with Annexure 1 and Annexure 2 and directed that all new AEO-TI applications be mandatorily filed using these two annexures immediately; Annexure 1 covers general compliance, identification and site details, while Annexure 2 addresses legal, commercial records and financial solvency disclosures, verification procedures, and duty-specific goods.
Customs - Continuation of Pre-GST rates of RoSL for transition Period of 03 months i.e. 01.07.2017 to 30.09.2017 for export of Garments and textile made up articles
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Rebate of State Levies: pre GST ROSL rates restored for a three month transition; revised undertakings required.
Ministry of Textiles restored pre GST Rebate of State Levies (ROSL) rates for 01.07.2017-30.09.2017. Exporters claiming ROSL for exports with let export order dates on or after 01.07.2017 must submit a revised undertaking in the EDI shipping bill format (effective 05.08.2017); shipments dated 01.07.2017-04.08.2017 require a manual annexed undertaking, which may cover multiple shipping bills. Export Promotion Councils will assist filing, sanctioning officers must release ROSL on receipt of the undertaking, and the EDI system will apply notified ROSL rates at scroll generation without a separate claim.
Acceptance of installation certificate under EPCG Scheme by the RAs, wherein installation certificate is submitted beyond 18 months, without penalty
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Acceptance of installation certificate permits RAs to waive penalty where installation occurred within prescribed period subject to no investigation.
Regional Authorities may accept installation certificates under the EPCG Scheme without imposing a penalty as a one time relaxation for authorizations issued up to 31.03.2015, provided the capital goods were installed within the prescribed period and the EPCG authorization is not under investigation or adjudication; the relaxation is available until 31.03.2019 and penalties already paid will not be refunded.
Clarification regarding bank guarantee requirement for bond executed by EOUs-reg.
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Bank guarantee waiver for EOUs upheld: B-17 bond satisfies continuity bond requirement, separate guarantees not required.
Exemption from furnishing a bank guarantee or surety for Export Oriented Units is governed by existing CBIC circulars and Para 6.12 of the Foreign Trade Policy; EOUs executing the B-17 bond meet the continuity bond requirement under the Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017 and are not subject to the bank guarantee norms for general importers set out in Circular No. 48/2017.
Computation of admissible deduction u/s 10A of the Income Tax Act, 1961 - Regarding
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Export turnover exclusion: expenses excluded from export turnover must also be excluded from total turnover when computing section 10A deduction.
Deduction under Section 10A allocates business profit to exports in proportion to export turnover and total turnover; items excluded from export turnover-freight, telecommunication charges, insurance attributable to delivery outside India, and expenses in foreign exchange for providing technical services outside India-must also be excluded from total turnover, and the statutory allocation formula must be applied with these exclusions from both numerator and denominator.
Simplification and rationalization of processing of AEO-T1 application
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AEO T1 application process simplified; new annexures mandatory and zonal accreditation introduced for immediate filings; digitisation pending.
Immediate requirement that all new AEO T1 applications be filed using Annexure 1 (General Compliance) and Annexure 2 (Legal, Managing Commercial Records and Financial Solvency Compliance), replacing earlier annexures; decentralisation of final accreditation to Zonal AEO Programme Managers who will notify the Directorate for certificate generation; digitisation of processing to follow when infrastructure is ready; transitional discretion for pre existing applications to be processed under either annexure set.
Safeguard duty on Solar cells whether or not assembled in modules or panels regarding.
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Safeguard duty on solar cells provisionally assessed on bond pending further Board directions after interim order.
Safeguard duty has been imposed on solar cells under the Customs Tariff for two years, but pending further Board directions and in view of interim judicial directions the Department will not insist on payment; the goods will be provisionally assessed for the safeguard duty on furnishing of a simple letter of undertaking or bond by the importer.
Commercial Taxcs Department - Addressing Tax Payers Grievances - Mechanism to deal with High-pitched / Un-reasonable demands - Certain instructions issued.
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High-pitched tax demand redressal mechanism identifies unreasonable assessments and channels administrative review and remedial referral.
A state mechanism establishes four regional Nodal Committees to receive online taxpayer grievances alleging high-pitched or unreasonable assessment orders under relevant tax laws. Taxpayers must file petitions within the prescribed short period; committees will examine allegations of procedural lapses, misinterpretation of law, non-application of mind, and lack of natural justice, upload approved gists of observations for petitioners, and report findings to the Chief Commissioner who may seek explanations or initiate disciplinary action. The committees are administrative review bodies and do not create legal rights or substitute the appellate process.
Publishing the list of Taxpayers communicated to GSTN for IT redressal.
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IT grievance redressal: department publishes and weekly-updates taxpayers' GST portal cases communicated to GSTN for resolution.
An IT Grievance Redressal Mechanism processes taxpayer technical issues per Trade Circular 13T of 2018: cases verified and recommended by Nodal Officers are shared with GSTN, GSTN responses are routed back via IT Redressal Officers and divisional Nodal Officers to taxpayers, and the department publishes and weekly-updates a list of taxpayers whose cases have been communicated to GSTN on its public portal for tracking and transparency.
13/2018 - 13-08-2018 GST - States
Classification of imported fertilizers used in the manufacture of other fertilizers at 5% GST rate.
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Concessional GST on fertilizers: supplies for direct use or for manufacture of complex agricultural fertilizers attract reduced rate.
Imported fertilizers supplied for direct agricultural use or for use in manufacturing complex fertilizers intended for soil or crop application qualify for the concessional GST rate, while items from the same tariff group that are clearly used for non-fertilizer industrial purposes are excluded and taxed at the higher rate.
Clarification on refund of GST compensation cess paid on coal.
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Input tax credit on compensation cess: refundable to extent attributable to exports made without payment of tax under refund rules.
Coal used for captive power generation in manufacturing qualifies as input and tax paid, including compensation cess, is eligible for input tax credit. If goods produced are exported without payment of tax, the unutilized input tax credit attributable to the compensation cess relatable to those zero-rated supplies may be claimed as a refund, subject to the statutory refund provisions and prescribed procedural rules for determining refund amounts.
12/2018 - 13-08-2018 GST - States
Clarification regarding applicability of GST on the petroleum gases retained for the manufacture of petrochemical and chemical products.
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GST on retained feedstock: taxable only on net quantity retained by manufacturer; returned quantity taxable upon resale.
GST is payable by the refinery only on the net quantity of petroleum gases retained by the recipient manufacturer for manufacture of petrochemical and chemical products; the refinery will be liable to pay GST on the returned quantity only when that returned quantity is supplied by it to any other person. This clarification applies mutatis mutandis to other feedstock arrangements where part is retained and the residual is returned, and net billing is to be on the amount retained by the recipient.
11/2018 - 13-08-2018 GST - States
Clarification regarding applicability of GST on various goods and services
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GST classification guidance clarifies applicable tax rates for fortified milk, sugar, wipes, vehicles, medical and textile goods.
Clarification establishes GST classification and rates: fortified toned milk under HSN 0401 is nil-rated; all beet and cane sugar under heading 1701 attract 5% GST; both plain and modified tamarind kernel powder under chapter 13 attract 5% GST; drinking water supplied for public purposes not in sealed containers is exempt; normal human plasma attracts 5% while other plasma products under HS 3002 attract 12%; wipes are classified by essential character and, if impregnated with perfumes/cosmetics or coated with soap/detergent, fall under HS 3307/3401 attracting 18% GST.
special procedure for registration under notification no. 31/2018- central tax dated 06.08.2018
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Special registration procedure requires taxpayers with provisional identification to submit missing registration details to the nodal officer.
Taxpayers who received a Provisional Identification Number but did not complete Form GST REG-26 must furnish the particulars specified in paragraph 2(1) of the notification to the jurisdictional nodal officer by the prescribed deadline; a Nodal Officer for Central GST, Pune-I Commissionerate has been appointed to receive registration and migration grievances and contact details are provided for lodging submissions.
Enhanced monitoring of Qualified Registrars to an Issue and Share Transfer Agents
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Enhanced monitoring requirements for registrars mandate board approved risk, data protection, continuity policies and periodic regulatory reporting.
QRTAs must adopt a Board approved policy framework requiring integrated risk management (operational, fraud, technology, cyber and business risks), robust data access and protection protocols with onshore data residency and off site backups, tested Business Continuity Plans with off site recovery centers and wind down plans, scalable infrastructure, insurance for operational risks, documented operations manuals, and establishment of Board committees to oversee governance, with mandatory quarterly Board reviewed enhanced reporting in the prescribed format.

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Levy of GST on Priority Sector Lending Certificates (PSLC).

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GST on Priority Sector Lending Certificates: seller banks liable on forward charge; pre-notification period subject to prescribed rate.
GST on Priority Sector Lending Certificates (PSLCs) for the period 1-7-2017 to 27-05-2018 is taxable and the seller bank must discharge the tax on a ... Summary

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Acts Income Tax