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Circulars
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Fixation of Brand Rate of drawback under Rule 6 and Rule 7 of the Customs, Central Excise Duties & Service Tax Drawback Rules, 1995 in the GST scenario
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Brand rate fixation moved to exporting port customs, with transition safeguards preventing dual GST credits or refunds.
Fixation of Brand rate drawback under Rules 6 and 7 is transferred to Customs Commissionerates with jurisdiction over the place of export; exporters from multiple places may choose one Commissionerate. Transitional GST provisions permit claiming AIR or Brand rate subject to conditions preventing simultaneous CGST/IGST input tax credit or IGST refund, and bar carry forward of Cenvat credit when drawback is claimed. Exporters must submit prescribed declarations; prior Brand rate applications will be transferred to Customs and earlier procedural guidance applies.
Export procedure and sealing of containerized cargo
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Self-sealing of export containers under GST enables electronic seals and risk based customs inspection for export compliance.
Exports are zero rated supplies allowing refund either under bond/Letter of Undertaking for unutilized input tax credit or on payment of integrated tax with refund; refund under LUT requires electronic application after export manifest delivery, while payment-route refunds are processed by treating the shipping bill with GST invoice details as the refund application once export is confirmed and valid returns filed. Shipping bills were revised for IGST and a trust based self-sealing regime replaces CBEC sealing, subject to GST registration (with exceptions), prior notice, on site inspection and approval, use of tamper proof electronic seals with declared identifiers, and risk based examination at ports.
Customs - Amendments effective from 01.07.2017 to the All Industry Rates of Duty Drawback and other Drawback related changes
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Duty Drawback transition scheme allows exporters to claim composite rates during GST transition, subject to conditions.
A transitional regime allows exporters to claim composite Duty Drawback All Industry Rates during GST transition subject to prescribed declarations and prohibitions on availing CGST/IGST input tax credit, claiming IGST refunds, or carrying forward Cenvat credit; exporters may instead elect to claim only the Customs portion of AIR and avail input tax credit or IGST refund. Changes to AIRs adjust rates, caps and classifications for specified textile, marine, leather and nickel products to correct anomalies and improve differentiation. Brand rate fixation and supplementary drawback claims are now administered by Customs formations at the place of export.
Customs - Drawback of Integrated Tax and Compensation Cess paid on imported goods upon re-export under Section 74 of the Customs Act, 1962
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Drawback of integrated tax and compensation cess now allowed on re-exports, subject to GST officer certificate preventing dual benefit.
Drawback under the Customs Act now expressly covers refund of integrated tax and compensation cess on re-exported imports, and drawback sanction will require a certificate from the jurisdictional GST officer confirming that no input tax credit or refund in respect of that integrated tax or compensation cess has been availed or claimed.
Investments by FPIs in Government Securities
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FPI investment limits revised in government securities, reallocating quota between General and Long Term categories and SDL sub categories.
SEBI revises FPI investment ceilings for the July-September 2017 quarter by increasing the aggregate cap for Central Government securities, establishing separate ceilings for Long Term and General FPI categories, and splitting SDLs into SDL General (available to all FPIs on tap) and SDL Long Term (available on tap only to Long Term FPIs). Future increases will be allocated between categories under a specified ratio, the transfer of unutilised Long Term limits to General FPIs is discontinued, and existing operational conditions, including minimum residual maturity and coupon treatment, continue to apply.
Issues related to furnishing of Bond/ Letter of Undertaking for Exports.
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Export bonds and letters of undertaking may be manually furnished to jurisdictional officers until portal filing becomes available.
Exports without payment of integrated tax require registered persons to furnish a Bond or Letter of Undertaking before export under rule 96A in FORM GST RFD-11. Acceptance is assigned to the jurisdictional Deputy Commissioner or Assistant Commissioner. Until the common portal enables FORM GST RFD-11 filing, exporters may manually submit the completed prescribed form to the jurisdictional Deputy Commissioner or Assistant Commissioner. The arrangement applies to applications filed on or after 1 July 2017.
Issues related to furnishing of Bond/ Letter of Undertaking for Exports–Reg.
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Bond or Letter of Undertaking for exports: acceptance delegated to local deputy/assistant and manual filing permitted pending portal availability.
Acceptance of the bond or Letter of Undertaking required for export without payment of integrated tax is authorised to be undertaken by the jurisdictional Deputy/Assistant Commissioner, and until the online module for FORM GST RFD-11 is available exporters may furnish FORM RFD-11 manually to the jurisdictional Deputy/Assistant Commissioner using the downloadable format; these instructions apply to applications filed on or after the operative date.
Issues related to furnishing of Bond/Letter of Undertaking for Exports
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Bond or Letter of Undertaking for export without integrated tax may be accepted by the jurisdictional officer with manual filing allowed.
Acceptance of the Bond or Letter of Undertaking required under rule 96A shall be performed by the jurisdictional officer, and until the online module for FORM GST RFD-II is available exporters may furnish FORM RFD-II manually in the prescribed format to the jurisdictional officer using the downloadable form, to address portal filing difficulties and hardship caused by physical presentation before the Commissioner.
Customs - Introduction of the Goods and Services Tax (GST) w.e.f 01.07.2017 - Related changes in customs law and procedure w.e.f 01.07.2017
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GST implementation: customs law and procedures amended effective July, stakeholders must adopt revised notifications and circulars.
Introduction of the Goods and Services Tax effective from 1 July 2017 prompts amendments to customs law and procedure, including circulars and notifications addressing drawback of integrated tax and compensation cess on re-exports, revisions to duty drawback rates and brand-rate fixation, concessional import rules, containerised export procedures, and updates to tariff and non-tariff notifications prescribing customs duty, IGST and compensation cess rates; stakeholders must familiarise themselves with the cited instruments and report implementation difficulties.
Minutes of the 78th meeting of the. Board of Approval for SEZ held on 03rd July 2017 to consider setting up of Special Economic Zones and other miscellaneous proposals
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SEZ approval extensions limited to demonstrable development progress and conditional restructurings requiring continuity and disclosure.
Board of Approval addressed SEZ procedural governance: extensions of formal approvals and LoPs were permitted only upon demonstrable development progress or justified reasons and within time-limited increments; co-developer approvals were authorised subject to standard SEZ Act/Rules and lease-term limits; changes in shareholding, ownership or name were allowed conditioned on continuity of operations, fulfilment of eligibility and security clearances, compliance with Revenue/Company/SEBI rules, immediate financial disclosure to Member (IT), CBDT and tax authorities, and adherence to State laws; lapsed formal approvals were cancelled where no extension was sought.
Clarifications in respect of section 269ST of the Income-tax Act, 1961
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Prohibition on large cash receipts: a loan instalment is treated as a single transaction and not aggregated.
The provision prohibits receipt of large cash payments except by account payee cheque, account payee bank draft, or electronic clearing, with a penalty equal to the amount received for contraventions. For NBFCs and HFCs receiving loan repayments, each instalment of repayment is a single transaction and instalments under a loan are not aggregated to determine applicability of the restriction.
Investment by Foreign Portfolio Investors (FPI) in Government Securities Medium Term Framework – Review
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FPI investment limits prioritise long term investors, reallocating future increases to favour longer horizon capital and tightening transfers.
The Medium Term Framework for FPI investment preserves overall caps for Central Government Securities and SDLs but reallocates future increases to favour the Long Term category (3:1 ratio versus General), removes transfer of unutilised Long Term limits to General, and harmonises SDL treatment with G secs. July-September quarter limits were increased and effective July 4, 2017. Existing conditions continue to apply, including security wise limits, coupons permitted outside overall limits, and a minimum three year residual maturity; SEBI will issue operational allocation and monitoring guidelines.
Subject: Export procedure and sealing of containerized cargo
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Export procedure and container sealing permit self-sealing for GST-registered exporters under prescribed electronic seal and permission conditions from ports
Supplies for export are Zero Rated Supply, allowing exporters to either export under bond or a Letter of Undertaking without payment of integrated tax and claim refund of unutilized input tax credit, or export on payment of integrated tax and claim refund. Refund under LUT must be filed electronically through the common portal after delivery of the export manifest/export report with prescribed documents. Self-sealing at approved premises is permitted for GST-registered exporters upon inspection and permission, using tamper proof electronic seals whose unique numbers are declared in the Shipping Bill; consignments remain subject to risk based examination.
Duty Drawback for supplies made by DTA units to Special Economic Zones in the GST scenario
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Duty drawback guidance for DTA unit supplies to SEZs clarified under GST, referencing existing Board circulars for claim procedure.
Duty drawback treatment for supplies by DTA units to Special Economic Zones in the GST regime is clarified by directing stakeholders to Board Circular No. 24 and earlier Circulars No. 43/2007 and No. 39/2010 as the operative guidance for drawback entitlement and claim processing, and inviting trade to report operational difficulties to the department.
Fixation of Brand Rate of drawback under Rule 6 and Rule 7 of the Customs, Central Excise Duties & Service Tax Drawback Rules, 1995 in the GST scenario
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Brand rate drawback fixation in GST scenario clarified; exporters must follow Board circulars and report implementation issues.
Fixation of the brand rate for drawback in the GST context requires applying the Board's guidance and existing procedural circulars and instructions to compute admissible drawback where tax incidence has changed; stakeholders are directed to the cited circulars and invited to report implementation difficulties to the customs office.
Amendments effective from 1.7.2017 to the All industry Rates of Duty Drawback and other Drawback related changes
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All industry rates of duty drawback amended; stakeholders must follow circulars and notifications and report implementation difficulties.
Amendments revise the All Industry Rates of Duty Drawback and related procedural changes, effective 1.7.2017, pursuant to a Board Circular and two customs notifications read with an earlier amended notification; importers, exporters and customs brokers are directed to follow those instruments for claim processing and to report any implementation difficulties to the department.
Drawback of integrated Tax and Compensation Cess paid on imported goods upon re- export under Section 74 of the Customs Act, 1962
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Drawback of integrated tax and compensation cess on re exported imports guided administratively, affecting exporters and customs brokers.
Drawback of integrated tax and compensation cess is permitted on imported goods that are re exported, and importers, exporters and customs brokers are directed to follow the Board's Circular guidance for claim procedures and report any implementation difficulties to the customs department.
Customs — Important FTP provisions in the context of the implementation of the GST regime applicable w.e.f. 01.07.2017
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GST implementation: FTP-related compliance alerts require exporters, importers and brokers to follow DGFT notice and customs guidance.
The notice advises exporters, importers, customs brokers and other stakeholders to align documentary, filing and procedural practices at customs with Goods and Services Tax implementation and applicable Foreign Trade Policy provisions, continuing guidance in earlier public notices and referencing an enclosed Trade Notice for information and necessary action.
Customs - Introduction of the Goods and Services Tax (GST) w.e.f 01.07.2017 - Related changes in customs law and procedure w.e.f 01.07.201
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Goods and Services Tax implementation prompts comprehensive customs amendments aligning exemptions, duties and procedural rules.
Introduction of Goods and Services Tax requires alignment of customs law and procedure, through tariff notifications that amend exemptions, prescribe effective customs and IGST rates, rescind earlier notifications, and adjust cesses; and through non tariff and procedural notifications amending bill of entry forms, courier electronic declaration rules, import at concessional rates, and tariff value fixation, with stakeholders advised to familiarise themselves and report difficulties.
Assignment of the functions of the officer under different sections within their jurisdiction
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Delegation of GST enforcement functions to state tax officers enabling notices, audits, bail and assessment actions within jurisdiction.
The Commissioner delegates key GST enforcement and administrative functions to State Tax officers within their jurisdiction: Joint Commissioners may issue notices to e commerce operators, extend provisional assessments, and authorise or withdraw summary assessments to protect revenue; Deputy/Assistant Commissioners may conduct special audits with prior approval, obtain expert assistance, and take bail in non cognizable bailable offences. The delegation is effective immediately and limited to the officers' territorial jurisdiction.

Circulars

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Circulars

Processing of refund applications filed by Canteen Stores Department (CSD).

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Refund entitlement for CSD: invoice-based GST refund procedure and inter-authority payment coordination instituted.
CSD refunds are invoice-based entitlements of fifty per cent of tax on inward supplies made subsequently to unit run canteens or authorized customers and ... Summary

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Acts Income Tax