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Circulars
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Amendment to SEBI Circular CIR/MRD/DSA/33/2012 dated December 13, 2012 pursuant to amendment in Regulation 2(1)(b) of SECC Regulations, 2012.
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Board composition restrictions bar trading or clearing members and associates from exchange boards, with limited public-bank exemptions.
Amendment replaces Para 14.1 to bar trading members, clearing members, their associates and agents from the governing boards of recognised stock exchanges and clearing corporations; deems directors of entities that are trading/clearing members or have such associates to be trading/clearing members for this purpose, with a proviso excluding directors of public financial institutions or public sector banks (or where ultimate promoter is public or shareholding is well diversified) and certain independent directors. Appointments remain subject to other eligibility requirements and regulatory satisfaction, and exchanges must continuously monitor compliance and update bye-laws, notify members and report implementation.
Improving Ease of Doing Business — Issuance of Electronic Delivery Orders and Elimination of Hard Copy of Delivery Order during Import Cargo Delivery operations.
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Electronic delivery orders to replace paper orders, enabling e-invoicing and e-payments for import cargo release.
Issuance of Electronic Delivery Orders will replace paper delivery orders for import cargo release and facilitate electronic invoicing and e-payment of Delivery Order charges, allowing importers and customs brokers to avoid personal visits to carriers or agents. All existing Custodian procedures - verification of Delivery Orders, obtaining Out of Charge from Customs and issuance of Gate Passes - remain unchanged. Manual delivery orders may be retained for unaccompanied baggage, Direct Delivery, one-time importers, or during temporary technical failures. Implementation date will be notified and stakeholders should report implementation difficulties.
Know Your Client Requirements - Clarification on voluntary adaptation of Aadhaar based e-KYC process
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Aadhaar e-KYC: voluntary biometric or OTP verification allowed for client onboarding, with PAN verification and KRA upload required.
Aadhaar e-KYC is voluntary; intermediaries using KYC Service Agencies must register as KYC User Agencies. Clients may provide name, Aadhaar number and PAN electronically; intermediaries shall validate Aadhaar via biometric authentication (or OTP for certain mutual fund cases) and verify PAN from the income tax website. UIDAI-supplied KYC data is sufficient for KYC verification and must be uploaded to the KRA. Discrepancies in name or unclear Aadhaar photographs trigger additional due diligence and documentary records. AML, PMLA and SEBI KYC obligations continue to apply.
Procedure to deal with the pending applications for issuance of Duty Free Import Authorisation(s) (DFIA) and their transferability.
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Duty Free Import Authorisation post-export rule: DFIA limited to post-export with basic customs duty exemption and defined transfer rules.
DFIA eligibility has been confined to a post-export scheme under FTP 2015-20 with exemption limited to basic customs duty and the AU condition removed; pending online DFIA applications filed before 1.04.2015 may be issued by RAs on post-export basis as admissible, while DFIA entitlement for raw sugar is withdrawn w.e.f. 01.05.2015 and is only allowable for consignments with LEOs up to 2400 hrs on 30.04.2015; pending transfer requests for DFIAs issued under FTP 2009-14 (not involving raw sugar) may be processed under the original terms if documents are in order, and exporters may convert shipping bills to drawback where DFIA benefit is not available.
Frequently Asked Questions (FAQs) on Swachh Bharat Cess (SBC)
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Swachh Bharat Cess applied on taxable services, levied separately with distinct accounting and no input credit allowed.
Swachh Bharat Cess is a distinct cess levied on the value of taxable services from the appointed commencement date, applicable to all taxable services except those wholly exempt or in the negative list. It is computed on the same taxable value and valuation rules as service tax (including abatements and special valuation rules), charged and shown separately on invoices, accounted under notified separate codes, subject to reverse charge where applicable, and is not available as Cenvat credit.
Make office function efficiently and transparently
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In-person visits restricted; meetings allowed only by PRO screening and Joint DGFT approval, with email preferred for queries.
Access to the office is restricted and in-person visits are discouraged, allowed only in exceptional circumstances after screening by the PRO and approval by the Joint DGFT, with Gate Pass issued by the PRO. Hand-delivery of licences and scrips is discontinued and generally discouraged; exceptional hand-delivery for arrived goods requires a written request with documentary proof and will be considered by the Joint DGFT and, if authorised, effected through the PRO based on urgency. Trade must use email for pending-case queries addressed to the Joint DGFT.
Clarification Circular on Streamlining the Process of Public Issue of Equity Shares and Convertibles
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Streamlining public issue processing: enhanced bid validation, coordinated fund blocking and fixed timelines for publishing basis of allotment.
Clarification directs stock exchanges to validate electronic bids with depository records during the bidding period and notify intermediaries of inconsistencies for correction. Syndicate members, brokers, DPs and registrars may forward daily physical applications to designated SCSB branches for fund blocking for small value applications, following the November 10, 2015 schedule. Exchanges will share electronic bid files for small applications with registrars and SCSBs to enable daily blocking, and SCSBs must block funds based on the final electronic bid file provided by the registrar. Working days exclude Sundays and bank holidays; timelines for basis of allotment publication are prescribed.
Revised Form-A Prescribed in Manual on Exchange of Information issued by CBDT Officers dealing with Exchange of information Foreign Tax Authorities
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Exchange of Information requests must use the revised Form A and be routed to the appropriate competent authority for processing.
Requests for exchange of information must be submitted in the revised Form A and routed to the designated Competent Authority (FT&TR I or FT&TR II) by jurisdiction; Part I records taxpayer and requesting officers for internal use and Part II, modelled on the OECD template, is sent to foreign authorities and must set out legal basis, background, specific information requests, grounds for believing the information is held abroad, urgency, confidentiality undertakings and any request to refrain from notifying the taxpayer. Requests must demonstrate foreseeable relevance, exhaustion of domestic means or disproportionate difficulty, and comply with row wise instructions or risk return as defective.
Report in respect of withdrawal of department’s appeals pending before High Court / CESTAT on the basis of ; (i) enhanced monetary limit and (ii) earlier Supreme Court’s decision on the identical matters
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Appeal withdrawal guidelines: review and withdraw pending appeals below new monetary threshold or covered by Supreme Court precedent.
Directs review and withdrawal of departmental appeals pending before High Courts and the CESTAT that are below the newly prescribed monetary threshold or are covered by an earlier Supreme Court precedent, and mandates monthly returns in a prescribed format listing reviewed cases and withdrawn appeals, with compliance reports to be sent to the Board promptly by return fax.
Report in respect of withdrawal of department’s appeals pending before High Court / CESTAT on the basis of ; (i) enhanced monetary limit and (ii) earlier Supreme Court’s decision on the identical matters
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Enhanced monetary threshold prompts withdrawal of departmental appeals and requires monthly reporting and immediate action on lower-value cases.
The Board directed Principal Chief Commissioners/Chief Commissioners to review pending High Court and CESTAT appeals against the enhanced monetary threshold and earlier Supreme Court decisions, withdraw appeals meeting those conditions, furnish a monthly report in the prescribed format enumerating reviewed cases and withdrawals, take immediate action on cases below the new threshold limits subject to conditions, and send the compliance report to the Board by return fax.
Strict adherence to the Notification No 114 dated 12th March 2015 specifying number of mandatory documents required for Export and Import
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Mandatory documentation rule: export import limited to three core documents, additional papers allowed only for regulatory compliance.
Requirement to limit mandatory export and import paperwork to three documents for routine shipments is affirmed: exports require Bill of Lading/Airway Bill, Commercial Invoice cum Packing List, and Shipping Bill/Bill of Export; imports require Bill of Lading/Airway Bill, Commercial Invoice cum Packing List, and Bill of Entry. Relevant regulatory authorities may notify or request additional documents where statutory restrictions, policy conditions, product specific compliances, or NOCs make them necessary, and deviations should be reported to the DGFT through trade bodies.
Procedure to be followed in the case of Voluntary payment of duty by the importer under Section 28(1) & 28(2) of the Customs Act,1962
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Voluntary payment of duty prompts reassessment and administrative review when the importer applies within the prescribed filing period.
Voluntary payment under Section 28(1)(b) requires the importer to apply to the AC/DC within the Section 28(1)(a) filing period; AC/DC, via the ADC, will request EDI cancellation of the earlier out-of-charge and the assessing group will recall and reassess the bill of entry within three working days. If reassessment reveals a shortfall, Section 28(3) is to be invoked. Post-reassessment the ADC must examine facts within fifteen days to confirm bonafide reasons and either close the file and inform the importer or initiate action to protect revenue if doubts exist.
Non filing of Import and Export Documents in EDI (ICES)
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CVD Flag in ICES enables selecting customs or excise notification, allowing electronic filing of affected Bills of Entry.
Addition of a CVD Flag in ICES permits selection of "C" for Customs Notification or "E" for Excise Notification to claim or override CVD treatment; this corrects the prior ICES default that only accepted excise notifications and removes the prior need for manual Bills of Entry for affected consignments. Appraisers may use the CVD Flag option until a formal Bill of Entry format change is implemented. Bills of Entry for Indonesian coal may now be filed and cleared in ICES; the prior Office Note permitting manual filing is modified accordingly. Report difficulties to the Deputy Commissioner (EDI), Custom House, Kandla.
Implementation of DGFT Notification prohibiting Import of mobile phones with duplicate, fake and Non-genuine IMEI
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Prohibition on imports with fake or duplicate IMEI requires validated IMEI certificates and customs ICDR verification for clearance.
Prohibition on importing mobile handsets with non genuine, all zeros, duplicate or fake IMEI/ESN/MEID is to be implemented by requiring Type Allocation Holders to register with the GSMA IMEI database and obtain IMEI certificates via the GSMA/MSAI ICDR system; Customs will require consignment wise IMEI certificates and validate them through ICDR to confirm genuineness, allocation, make/model and prior entry status, with green/red channel algorithmic markings guiding random checks or treatment as improper imports attracting penal provisions.
Report of the High Level Committee; recommendation regarding valuation of flats for levy of Service Tax
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Valuation of construction service: builders must value flats given to landowners by comparable sale prices, following Board guidance.
In tri partite development arrangements where a landowner transfers land or development rights to a builder in return for flats, the value of construction service to the landowner is to be determined by reference to the price of similar flats charged by the builder to other purchasers, using comparable sales nearest the date when land or rights are made available; service tax on such construction is payable when possession or rights in the flats are transferred by conveyance, allotment letter or similar instrument.
Implementation of DGFT Notification prohibiting Import of mobile phones with duplicate, fake and Non-genuine IMEI-Reg.
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Prohibition on import of handsets with duplicate or fake IMEI; IMEI certificates required for customs clearance.
The notification prohibits import of mobile handsets with duplicate, fake, non-genuine or all-zero IMEI (and analogous ESN/MEID defects) and requires Type Allocation Holders to obtain TAC/IMEI via GSMA registration and an IMEI certificate from the GSMA/MSAI ICDR system; customs will validate IMEI certificates through ICDR to ensure genuineness, correct allocation, model and form factor conformity, and prior non-entry, with electronic 100% verification and targeted physical sampling, while red-channel markings may attract prohibition, confiscation and penalties.
General guidelines for implementation of e-payment of refund/ rebate
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E-payment of refunds via RTGS/NEFT: refunds to be routed through authorized banks with UTR-based reconciliation.
Electronic payment is required for customs refund/rebate disbursals through RTGS/NEFT via authorized banks; claimants must furnish a one-time bank-certified authorization, and refund authorities must forward consolidated signed statements, a consolidated cheque, and electronic copies to the bank. Banks will credit beneficiary accounts after permitted deductions and supply Unique Transaction References for each transfer. Periodic bank scrolls and UTR reports are to be sent to the PAO for reconciliation of cheques and payments, with field formations implementing the system and addressing discrepancies through verification and compliance reporting.
Registration of Airlines/Console Agents/Others in EDI for filing of import Manifest before arrival of aircraft-reg.
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Registration requirement for manifest filers: agents must be authorised and use digital signatures to file manifests electronically.
Registration is required for persons delivering import manifests for aircraft, including those filing master and House Airway Bill details, who must be authorised by the jurisdictional Commissioner to file IGM/EGM/CGM on behalf of airlines or console agents. Use of digital signature is mandatory for filing through ICEGATE, and the new ICEGATE registration module requires prior Commissioner authorisation and submission of a bond with auto-renewal, a bank guarantee with auto-renewal, an authenticated MOU with the principal, and certified bank details. Annexure A particulars must be submitted for EDI capture and verification.
Trade Facilitation Measures
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Trade office paperless procedure requires email first submissions and restricted physical access to ensure transparent DGFT operations.
DGFT requires a paperless and personal contact free regime: outside persons should not enter offices except in limited cases; all queries/submissions must be made by e mail to the concerned officer, replied to within 48 hours and copied to the Head of Office for weekly review. Physical submissions, if unavoidable, should be dispatched by post with e mail references or deposited at a Receipt Desk with computerized acknowledgement. In person meetings are limited to Heads or officers not below Joint DGFT and Regional Authorities must publish and review online pending application lists.
Procedure and manner of payment of mandatory pre-deposit of duty or penalty for filing appeal by importers and procedure & manner of refund of pre-deposit by the Commissionerates
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Mandatory pre-deposit requirement: certified TR-6 payments and Review Cell monitoring mandated for appeals procedure.
The Public Notice mandates payment of a prescribed pre-deposit percentage of disputed duty or penalty for filing appeals under the amended Section 129E, and directs the Import Commissionerate, Air Cargo Complex, Mumbai to operate a Review Cell that certifies TR-6 challans for such pre-deposits, maintains monthly registers of deposits and appeal details, monitors appellate orders and pendency, and processes refunds in accordance with Board instructions.

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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