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Circulars
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07/2018 - 16-04-2018 GST - States
Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports.
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Deemed acceptance of LUT upon ARN generation enables online export compliance; physical submission unnecessary, ineligible LUTs may be rejected.
An LUT submitted in FORM GST RFD-11 on the common portal is deemed accepted when an acknowledgement with an ARN is generated; no physical documents are required for acceptance. If an exporter is later found ineligible to furnish an LUT in place of a bond, the LUT may be rejected and will be treated as rejected ab initio.
CBIC's Circular No. 39/13/2018-GST dated 3rd April, 2018 read with Siliguri COST Commissionerate Trade Notice No. 05/GST/2018 dated 04-04-2018
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IT-Grievance Redressal Mechanism established to address GST portal technical glitches through designated committee members and contact details provided.
An IT-Grievance Redressal Mechanism has been established for the Siliguri CGST & CX Commissionerate to address taxpayer grievances due to technical glitches on the GST Portal; a local IT Grievance Redressal Committee is constituted with designated officers named as nodal members and their email addresses and contact numbers published for direct contact.
Guidelines for issuance of debt securities by Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs)
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Debt securities issuance by REITs/InvITs permitted with tailored ILDS compliance, trustee appointment, security and enhanced disclosures.
SEBI allows REITs and InvITs to issue debt securities under a modified application of the ILDS Regulations, excluding specified ILDS provisions and Company Act filing requirements unless expressly stated. Issuers must appoint SEBI registered debenture trustees (excluding the trust's own trustee), secure any secured issuance by an adequate charge on trust/holdco/SPV assets, and comply with enhanced continuous disclosure obligations including specified financial line items, addressing modified audit opinions affecting repayment capacity, and half yearly statements on use of proceeds. The circular maps company terms to trust terminology and rests on SEBI's regulatory powers under the REIT/InvIT frameworks.
Implementation of Electronic Cargo Tracking System (ECTS) and simplified procedure for facilitating movement of traffic-in-transit of Nepal.
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Electronic cargo tracking enables paperless transit declarations, electronic sealing, risk-based verification, and automatic discharge of transit undertakings.
ECTS facilitates voluntary, expedited Nepal transit cargo movement through electronic Customs Transit Declarations, electronic seals and GPS-based tracking. Traders or Customs Brokers must register with the Managed Service Provider, upload prescribed commercial and undertaking documents, and complete the electronic declaration process. Customs approves the declaration, affixes and verifies ECTS seals, and uses system-generated trip reports for reconciliation and automatic discharge of Letters of Undertaking. Seal alerts or unavailable electronic verification require risk-based physical verification. The system also tracks return of empty containers and supports specified rail-road multimodal transit movements.
Subject: - Procedure (revised) to be followed for scanning of DPD containers selected for scanning- reg
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Container scanning procedure requires nominated CFS evacuation and OOC endorsement when DPD containers are selected for scanning.
Revised procedure applies to DPD DPD containers: when selected for scanning OOC officers must record scanning status and hand over Customs copy; Terminal Preventive Officers must verify "scan clean" on EIR before gate out. Suspicious containers are endorsed by CSD, moved to nominated/preferred CFS for examination, OOC is temporarily suspended and restored if no discrepancy, or cancelled and escalated if discrepancies are found. Mobile scanner outages require a "NOT SCANNED AT MOBILE SCANNER" stamp and referral to fixed scanners. Registers and docket forwarding by OOC and CSD are required.
SUB: Implementation of the Track and Trace system for export of Pharmaceuticals and drug consignments.–reg.
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Track and Trace compliance for pharmaceutical exports: required barcodes and uploaded central-portal data are mandatory before dispatch.
Pharmaceutical exports are permitted only where secondary and tertiary packaging bear one- or two-dimensional barcodes encoding the 14-digit Global Trade Item Number (GTIN) plus batch number, expiry date and a unique serial number, and where the prescribed product and packaging data have been uploaded to the central portal prior to release. The responsibility for correct, complete and timely upload rests with the manufacturer, exporter or its designated agency, and failure of data upload prevents verification and thereby precludes export.
Queries regarding processing of refund applications for UIN agencies
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UIN invoice requirement: agencies may submit attested invoice copies and manual statements where system lacks invoice details.
Where system-generated FORM GSTR-11 lacks invoice-wise details, UIN agencies must submit a manual statement of all invoices with FORM RFD-10; officers should not request originals unless necessary. Recording the UIN on supplier invoices is mandatory under rule 46, and non-recording may invite action. A one-time waiver for missing UINs for specified past quarters is allowed if invoice copies are submitted, attested by the agency's authorized representative, and the claims meet applicable notification conditions.
Clarification regarding procedure for recovery of arrears under the existing law and reversal of inadmissible input tax credit
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Recovery of arrears: inadmissible transitional input tax credit and past duties must be treated as central tax arrears and paid from electronic ledgers.
Recoverable amounts arising from proceedings under the existing law, including wrongly availed or inadmissible transitional CENVAT credit, assessments, appeals or return revisions, shall be recovered as arrears of central tax under the CGST Act. Principal amounts are to be recorded in Part II of the Electronic Liability Register and discharged through the electronic credit ledger or electronic cash ledger; interest, penalty and late fee are to be paid from the electronic cash ledger and recorded likewise. Pre GST return filing and payment procedures for past periods remain available via legacy portals, and arrears from non GST registered assessees are to be recovered in cash under the existing law.
Clarification regarding procedure for recovery of arrears under the existing law and reversal of inadmissible input tax credit
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Transitional tax arrears and inadmissible credit are recovered as State tax, with separate ledger rules for principal and ancillary liabilities.
Unrecovered arrears of value added tax, entry tax, wrongly availed input tax credit and inadmissible transitional credit are recoverable as State tax arrears under the Gujarat GST framework. Principal tax liabilities may be paid from the electronic credit ledger or electronic cash ledger and must be recorded in Part II of FORM GST PMT-01. Related interest, penalty and late fee are payable only through the electronic cash ledger. Pre-GST returns may be filed and paid through the earlier online procedure, while unregistered persons remain subject to recovery and cash payment under the existing-law procedure.
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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E-way bill compliance: interception rules set inspection, detention, release and confiscation procedures under GST law.
Prescribes designated officers to intercept conveyances, verify documents including the e-way bill, record statements in FORM GST MOV-01, order physical verification in FORM GST MOV-02, upload Part A of FORM GST EWB-03 within 24 hours, conclude inspection within three days or by FORM GST MOV-03 extension, report in FORM GST MOV-04 and Part B of EWB-03, and thereafter issue release (FORM GST MOV-05), detention (FORM GST MOV-06) with notice (FORM GST MOV-07), demand order (FORM GST MOV-09), or initiate confiscation (FORM GST MOV-10) and pass confiscation order (FORM GST MOV-11) with demands reflected in the electronic liability register.
Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports
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Letter of Undertaking acceptance: online ARN generation deems LUT accepted, subject to later eligibility verification.
Exporters shall submit FORM GST RFD-11 on the common portal to furnish an LUT; an LUT is deemed accepted upon online generation of an acknowledgement bearing the ARN. No physical documents are required for acceptance. Acceptance is subject to subsequent verification, and if an exporter is later found ineligible to furnish an LUT instead of a bond, the LUT may be rejected and treated as rejected ab initio.
Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports
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Deemed acceptance of LUT: online ARN generation validates LUT, subject to rejection if exporter ineligible.
An LUT submitted on the common portal in FORM GST RFD-11 is deemed accepted upon generation of an online acknowledgement bearing an ARN; no physical documents need be submitted. If it is later found the exporter was ineligible to furnish an LUT in place of a bond, the LUT may be rejected and will be treated as rejected ab initio.
Investments by FPIs in Government and Corporate debt securities
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FPI debt limits revised, merging sub limits into corporate debt limit and including coupon holdings in government debt cap.
Revises FPI investment ceilings in central government securities, SDL and corporate debt for 2018-19 by raising specified upper caps and consolidating sub limits. Eliminates the long term FPI infrastructure sub limit and discontinues corporate bond sub categories, merging allocations into a single Corporate Debt Investment Limit (CDIL). Coupon investment in government securities will be included within the Government Debt - General cap for limit resets, with existing coupon stock added to utilization. Existing allocation and monitoring conditions continue and operational guidance will follow.
Performance disclosure post consolidation/ Merger of Schemes
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Performance disclosure post-merger requires weighted average or retained-scheme performance, with non-retained past records available on request.
Where merged schemes retain common features, disclose the weighted average performance. If one scheme's features are retained, disclose the performance of the scheme whose features are retained. If a new scheme with different features emerges, past performance need not be provided. Past performance of non-retained schemes may be made available on request with an adequate disclaimer. These disclosure standards are mandated to standardize post-merger performance presentation and protect investors under SEBI's regulatory authority.
Procedure for movement of containerized import cargo form Port Terminal to different Container Freight Stations (CFSs) under Kolkata (Port) - Implementation of CFS Gate Module under ICES Version 1.5.
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CFS Gate Module compliance requires accurate IGM declarations, authorised container movements, bond accounting, and regularisation of system-related exceptions.
CFS Gate Module operations require Main Line Operators, shipping lines and steamer agents to declare the selected CFS code and bond number in the IGM where the importer or Customs Broker has timely communicated its CFS choice. Missing or incorrect particulars require approved IGM amendment, with importer or Customs Broker consent required for correction of an incorrect CFS. ICES auto-generates movement orders and debits bonds where declarations are correct. System-related manual movement permissions must be recorded and later regularised. Movement to a CFS other than the importer-selected CFS, or omission of CFS and bond details, is treated as an offence.
Income Tax Business Application (ITBA) - BPU roles to access 360° view screen - Procedure of Role Assignment
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Role assignment procedure for BPU access to comprehensive PAN view requires posting order and taking charge confirmation.
Procedure requires RCC Admin to assign BPU roles in ITBA only after receiving the officer's posting order from the competent authority and confirmation that the officer has taken charge (taking over report), and to revoke the previous incumbent's BPU role on new postings; assigned BPU users may access the 360 view screen showing PAN details, ITR history, processing, tax payment, TDS, ITS and e-filed non ITR forms.
Request for views/suggestions and data for review of All Industry Rates (AIR) of Duty Drawback for the year 2018
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All Industry Rates of Duty Drawback under review; industry must submit specified input, duty and cost data for exports.
The Government seeks data to review All Industry Rates (AIR) of Duty Drawback for 2018, limited to Customs duty on inputs and Central Excise on specified petroleum products. Export Promotion Councils and industry bodies must submit product wise Proformas I(A)/(B), II and III for exports Oct 2017-Mar 2018 showing input consumption, duty incidence, per unit cost breakdown, FOB realizations and captive power details. Data must cover at least five manufacturer units, be certified by the manufacturer and its Chartered/Cost Accountant, supported by bills/shipping/ invoices, and suppliers must permit inspection for verification.
Liberalised Remittance Scheme (LRS) for Resident Individuals – daily reporting of transactions
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Liberalised Remittance Scheme monitoring: daily transaction reporting by authorised dealer banks required to ensure compliance and access across banks.
Liberalised Remittance Scheme monitoring requires AD Category I banks to upload daily, transaction wise LRS information at the close of business of the next working day, or a Nil report if no data exists, as a CSV file via the prescribed XBRL portal; the reports will be accessible to other ADs to improve monitoring and ensure adherence to LRS limits under the Foreign Exchange Management Act.
Constitution of the Authority for Advance Ruling in respect of Union Territory of Daman & Diu
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Authority for Advance Ruling established for Daman & Diu; appellate authority designated under GST appellate framework.
An Authority for Advance Ruling is constituted for Daman & Diu with one nominated member each from CGST and UTGST, located at 6th Floor, Fortune Square, Vapi Daman Road, Chala, Vapi, Gujarat, to perform functions under the CGST Act and UTGST Act. The Chief Commissioner, CGST & Central Excise, Vadodara Zone, is nominated as the Appellate Authority for Advance Ruling; the Appellate Authority shall comprise the Chief Commissioner of central tax designated by the Board and the Commissioner of Union Territory tax having jurisdiction over the applicant.
Launch of facility to check status of Importer Exporter Code (IEC) application made to DGFT
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Importer Exporter Code status facility launched to verify IEC transmission to customs and advise corrective steps to users.
An online facility allows applicants to check IEC application status and IEC transmission to ICEGATE using PAN and the first three letters of the firm name. The notice prescribes actions for four status outcomes: wait for Regional Authority processing when received; resubmit after rectifying deficiencies if rejected (no additional fee); await ICEGATE acceptance if transmitted but unaccepted; and use IEC only when registered at DGFT and accepted by ICEGATE. Applicants should check ICEGATE's enquiry module and report unresolved transmission problems to DGFT.

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Clarification regarding procedure for recovery of arrears under the existing law and reversal of inadmissible input tax credit.

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Recovery of arrears under GST: procedure for collecting pre-GST VAT and reversing inadmissible transitional input tax credit.
Where proceedings under the existing law result in recoverable value added tax, entry tax, other State levies or inadmissible input tax credit, such ... Summary

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Acts Income Tax