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Circulars
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Policy on foreign investment in Indian Stock Exchanges- amendment to paragraph 5.2.21 of 'Consolidated FDI Policy Circular of 2016’
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Foreign investment in stock exchanges permitted under automatic route, subject to securities regulations and SEBI/RBI guidelines.
Foreign investment in stock exchanges, derivative exchanges, depositories and clearing corporations is permitted up to forty-nine percent of equity under the automatic route. Such investment, including by FPIs, is subject to the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2012, the SEBI (Depositories and Participants) Regulations, 1996, and other guidelines/regulations issued by the Central Government, SEBI and the Reserve Bank of India as amended. Undefined terms in these regulations shall have the meanings assigned in the Companies Act, the Securities Contracts (Regulation) Act, the SEBI Act, the Depositories Act or the relevant SEBI regulations.
Classification of 'Saree' under CETA, 1985-reg.
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Classification of saree: further processing or multi fabric construction does not move it from specific textile headings to made up articles.
Sarees that undergo embroidery, lace stitching, tikki application or are stitched from two or more textile materials remain classifiable under the specific saree headings in Chapters 50, 52 or 54 of the Central Excise Tariff Act, 1985 rather than under the more general Chapter 63. Where multiple materials are present, Section XI Note 2(A) directs classification according to the textile material that predominates by weight, or, if none predominates, by the heading occurring last in numerical order among equally applicable headings. Further processing that does not create a new article with distinct name, character and use does not change this classification; individual cases must be decided on their facts.
Refund/claim of Countervailing duty as Duty Drawback
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Countervailing duty drawback: Brand Rate claims permitted where inputs subject to CVD are verified used in exports.
Countervailing duty is rebatable as Duty Drawback but, since CVD is excluded from All Industry Rates, drawback for CVD must be claimed via a Brand Rate application under the Drawback Rules; admissibility requires verification that inputs which bore CVD were actually used in the exported goods. If imported goods on which CVD was paid are exported as such, drawback will include the incidence of CVD as part of total duties paid, subject to other conditions.
Minutes of the 10th GST Council Meeting held on 18 February 2017
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GST Council approves amended minutes, compensation law details, and Model GST Law changes on tribunal, allocations, and definitions.
The Council adopted amended Minutes of its 9th meeting with textual corrections and revised taxpayer allocation rules: new registrants to be initially split one each between Centre and State, with year-end redistribution using a 90% State/10% Centre formula for turnover below Rs. 1.5 crore and 50:50 for turnover above; deletion of the clause permitting States to unilaterally consult the Centre to vary division; and refinement of cross-empowerment under IGST reserving place-of-supply adjudication to the Central authority while referring specified export/import issues to the Law Committee. The Council approved the drafted Compensation Law with defined Fund mechanics and approved multiple Model GST Law amendments including tribunal composition, penalty-waiver power, Schedule II/III/IV changes, dropping the CAG provision, and a focused definition of 'agriculturist'.
Empanelment of Chartered Engineers - Amendment to Public Notice No.26/2014
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Empanelment suspension of a chartered engineer pending further notice; stakeholders advised to avoid inconvenience regarding valuation assignments.
The empanelment of Shri. Ajith P, listed in the earlier public notice for empanelled chartered engineers conducting examination and valuation of imported second hand machinery, is suspended until further notice, and stakeholders are advised to take note to avoid inconvenience.
Allocation of Work in respect SEZ related issues consequent on the amendment of SEZ Rules, 2006 (Rule 47(5) and Rule 79) -and issuance of Public Notice No 05/2017 dated 30.01.2017 by the Chief Commissioner of Customs, Chennai zone specifying the jurisdiction to handle SEZ related work
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SEZ work allocation centralises jurisdiction and designates officers for nodal coordination, adjudication, refunds, appeals and bonded warehouses.
Allocation of responsibility for SEZ related matters assigns a nodal Assistant Commissioner in the SEZ Cell for SEZ work including correspondences, demands/SCNs, adjudication, review and appeal work, refunds, audit and coordination with Specified Officers and SEZ units; separate Assistant Commissioners handle Review (review and appeal), Refunds (SEZ), Legal (appeals to higher courts) and Bonds (public and private bonded warehouses attached to MEPZ-SEZ at Chennai Airport). Adjudication will be exercised by officers as per powers under Section 122 of the Customs Act, 1962 and Customs Circular 24/2011.
Minutes of Public Grievance Committee(PGC) Meeting held on 09th Feb. 2017 at 03:00 hrs at Kendriya utpad Shulk Bhawan. 36-37. Sector-32. Gurgaon
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GST migration delays and a proposed locking mechanism for GSTR-1/GSTR-2A require technical escalation and policy review.
Delay in GST migration was raised where submitted portal data remained "Submitted and pending for verification" beyond normal processing; the Chair asked affected taxpayers to provide migration token numbers and requested trade members to e-mail migration difficulties so the Commissionerate could escalate technical cases. A representation sought a procedural facility to permit "locking" of GSTR-1 data based on recipient-validated Form GSTR-2A entries; the Chair observed this required a policy change and advised taking the matter to higher authorities with formal written representations for recommendation.
Improving Ease of doing business- Examination / Inspection of goods under Import without Delivery Order - And Issuance of Electronic delivery orders
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Electronic Delivery Order System promotes faster cargo clearance by permitting inspection without manual delivery orders, release still requires DO.
Inspection of imported goods may be carried out by Customs officers without insisting on a physical Delivery Order, though cargo will only be released upon production of the Delivery Order. Stakeholders are requested to adopt the electronic Delivery Order System, enabling electronic generation, receipt, invoicing, and payment of delivery-order charges; this does not change existing Customs procedures or custodians' verification and out-of-charge requirements.
Periodicity of CAS-4 certificates-reg.
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CAS-4 certificate deadlines require issuance by December 31 following the financial year to enable provisional assessment.
Assessees must issue CAS-4 certificates for the financial year ending 31 March by 31 December of the following financial year to enable calculation of cost of production for captively consumed goods; assessing officers must then finalize provisional assessments expeditiously and jurisdictional commissioners shall provide trade facilitation, with implementation difficulties to be reported to the Board.
Expansion of 24x7 customs clearance and clarification of levy of MOT charges in CFSs attached to 24x7 ports - reg.
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Round-the-clock customs clearance extended to all bills of entry and MOT charges exempt at attached CFSs.
Round the clock customs clearance is extended to all bills of entry at designated 24x7 ports and air cargo complexes and MOT is exempted for services rendered by customs officers at those locations. CFSs attached exclusively to 24x7 sea ports are treated as an extension of the port, and no MOT shall be collected for customs services performed within such CFSs, including for factory stuffed containers and exports under free shipping bills or where benefits are claimed.
Issuance of Rupee denominated bonds overseas – Multilateral and Regional Financial Institutions as Investors
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Rupee denominated bond investor eligibility expanded to include multilateral and regional financial institutions, effective immediately.
Permit Multilateral and Regional Financial Institutions where India is a member to invest in Rupee denominated bonds issued overseas, expanding the recognised investor class under prior circulars; all other provisions of A. P. (DIR Series) Circular No.60 (April 13, 2016), Master Direction No.5 (January 1, 2016) and A. P. (DIR Series) Circular No.29 (September 29, 2015) remain unchanged. The change is effective from the date of this circular, relevant Master Direction paragraphs will be updated, and the directions are issued under sections 10(4) and 11(2) of FEMA, 1999.
Applicability of service tax on the services by way of transportation of goods by a vessel from a place outside India to the customs station in India w.r.t. goods intended for transhipment to any country outside India
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Place of provision of sea transportation: services to an Indian customs station for confirmed transshipment abroad are not taxable in India.
Where goods landed at an Indian customs station are declared in the import manifest or import report for transhipment to a country outside India and are transshipped under the Customs Act and rules, the place of provision of transportation by sea is the foreign destination; consequently, transportation services from outside India to that customs station are not taxable in India.
Change in assessment procedure of Bills of Entry filed by 'First Time Importers'-Implementation of trade facilitation measures-reg.
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First time importer document verification: assessment proceeds but Out of Charge withheld until Group NOC confirms document acceptance.
Group Assessing Officers will raise queries for prescribed documents from first time importers; they will assess bills of entry without awaiting those documents but must instruct the Import Shed Officer to withhold grant of Out of Charge until a Group NOC confirming acceptance of the prescribed documents is produced. First time importers may alternatively obtain pre-filing scrutiny from the Assessment Group; if proof of payment is unavailable pre-filing, remaining documents may be scrutinized and the missing proof treated under the post-filing procedure. RMS-facilitated entries require submission of documents to the Shed Officer.
Facility of 'Direct Port Delivery' to Authorised Economic Operator (AEO)
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Direct Port Delivery facility for Authorised Economic Operators enables expedited release of import and export containers pending port verification.
AEO certificate holders may apply to the Principal Commissioner of Customs, Ahmedabad for Direct Port Delivery/Direct Port Entry; permission is to be granted within seven working days, subject to verification of import/export container volumes by the relevant port, with 100% EOUs to follow the prior Public Notice procedure.
Submission of Monthly Reports by Custodians of Securities
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Submission deadlines for custodians: monthly reports now due by the later of the third working day or the fifth of the succeeding month.
Custodians must submit monthly securities reports by the later of the end of the third working day of the succeeding month or the fifth of the succeeding month, replacing the prior seventh day deadline; the change is effective immediately and issued under the regulator's statutory authority.
MIAL approval as Custodian of Perishable Cargo Terminal, Air Cargo Complex, Andheri, Mumbai
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Custodianship of the Perishable Cargo Terminal extended, subject to statutory conditions and bank guarantee validity.
Extension of custodianship of the Perishable Cargo Terminal at Air Cargo Complex, Sahar, Andheri, Mumbai is granted to M/s Mumbai International Airport Pvt. Ltd. under Section 45(2) of the Customs Act until the validity of the bank guarantee. The custodian has executed a bond and furnished a bank guarantee as security for safe custody of perishable export cargo. Operations will be governed by Chapter VIII of the Customs Act, the Handling of Cargo in Customs Areas Regulations, prior notification terms, and other applicable rules, and the Commissioner may terminate the appointment after assigning reasons and hearing the custodian.
GST — Migration of existing Central Excise and Service Tax assesses in GST — Setting up of GST Migration Seva Kendra
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GST migration assistance via Seva Kendra helps central excise and service taxpayers complete GSTN registration, filings and document uploads.
Establishes a GST Seva Kendra to assist migration of Central Excise and Service Tax assessees to the GSTN, providing infrastructure and in person help to complete GSTN registration, fill required online details, and scan/upload supporting documents; names designated officers and invites trade members to use the service in accordance with prior procedural guidance.
Quarterly Report on action taken on orders of Income Tax Settlement Commission.
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Action on ITSC orders requires quarterly reporting to Member (Investigation) to ensure remedial measures and timely filings.
A quarterly reporting requirement requires Commissioners of Income Tax (Direct Tax) to review ITSC orders for acceptability, confirm whether their written and oral submissions were considered, and propose further action including remedial measures such as filing writ petitions where necessary. Standardized quarterly reports using Annexure A must be submitted to Member (Investigation) by the tenth day of the month following each quarter to enable oversight and timely remedial action on ITSC orders.
Filing of online return for 3rd quarter of 2016-17 — extension of period thereof
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Extension of filing deadline for third-quarter VAT returns; tax payment obligations remain and digital filers need not submit hard copy.
Extension of the statutory period for submission of third-quarter VAT returns is authorised for specified DVAT forms, applying to Forms DVAT-16, DVAT-17 and DVAT-48 with required annexures. Tax payment obligations remain unchanged under the DVAT payment provisions, and dealers filing with a digital signature are not required to submit a hard copy of the return/Form DVAT-56.
Granting cabotage relaxation permission to foreign flag ships carrying passengers to call at more than one Indian Port
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Cabotage relaxation permission allows foreign-flag passenger ships to call multiple Indian ports subject to customs duties and baggage rules.
Granting cabotage relaxation permission permits foreign-flag passenger ships to call at multiple Indian ports for domestic passengers, with jurisdictional discretion to deploy escort officers. There is no exemption from customs duty for alcohol or products consumed onboard within Indian waters; domestic passengers cannot purchase duty-free onboard and must pay duty on any on-board purchases when disembarking. International passengers are entitled to baggage allowances under the applicable baggage rules.

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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