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Circulars
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Processing of returns filed in F.Y. 2013-14 getting time barred on 31-3-2015 on online TMS in ITD Application
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Processing of time-barred returns via Online TMS enables AOs to address PAN-related system failures under defined conditions.
Two distinct Online TMS workflows permit Assessing Officers to process time barred returns that cannot be handled in AST due to PAN-related system issues. Category 1 covers genuine PAN cases with technical or jurisdictional impediments and allows online tax credit and later integration into AST by the PAN jurisdiction AO after deletion from AST. Category 2 covers invalid or mismatched PANs, disallows online tax credits and refunds, retains processing data in standalone form, and requires the AO to record reasons and attempt PAN correction.
Removal of M/s. Siddhartha Testing and Consulting Services, Nepal from the list of Inspection and Certification Agencies (Appendix 5).
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Pre-shipment inspection agency delisting removes recognition and prohibits issuance of pre-shipment inspection certificates by the agency.
A Pre-Shipment Inspection Agency's recognition was cancelled following allegations of mis-declaration and concealment in its application; consequently the Directorate exercised powers under the Foreign Trade Policy to amend Appendix 5 by deleting the agency's entry and rendering it ineligible to issue Pre-Shipment Inspection Certificates.
Modification of Circular No.27 of 2014-15 dated 27/02/2014
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Authorisation for hearing objections: Special OHA designated for 2A-2B mismatch and assistant commissioners' postings revised.
The circular authorises Sh. Biju Raj E, Assistant Commissioner (Ward-206), as Special OHA to hear objections on the 2A-2B mismatch for 2012-13 in respect of Wards 201 and 206, replacing the transferred officer; it also revises the places of posting for Sh. Sanjay Jain and Sh. Dinesh Kumar Gondyan as reflected in the annexure, while all other contents of Circular No.27 of 2014-15 remain unchanged.
Instruction for switch over of existing ITD business application with ITBA Module (Income Tax Business Application)
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Data migration integrity: correct AIS Old AO flags and hierarchy to enable ITBA rollout and refund banker configuration.
ITBA will replace the legacy ITD application, expanding coverage to all departmental functions via single sign on and role based access; accurate AIS data is required. Identified defects include Old AO flagging errors, incomplete or inaccurate hierarchies, and refund banker misconfigurations. RCCs must update the supplied "AIS_Verification.xls" to mark AO Type as Current or Old, populate destination AO fields, flag old AOs in AIS, assign employee IDs, complete hierarchy entries, update Refund Banker Requirement, submit jurisdiction orders for uniformity, and send refund banker enablement requests to DIT(S)-2 to permit Directorate of Systems to finalise configurations for ITBA rollout.
Processing of returns filed during F.Y. 2013-14 getting time barred on 31.3.2015 on Standalone TMS/Online TMS (category 2) in ITD application
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Time-barred return processing: limited online TMS allows constrained handling when PANs are absent or invalid.
Online TMS (category 2) permits limited processing of time-barred returns for foreign technicians where PAN is absent, invalid, or name mismatch exists; it disallows system crediting of TDS and OLTAS challans and precludes refunds for cases without valid PANs. Use requires the Assessing Officer to record the compelling reason and to have initiated communication to obtain or correct PAN data; standalone TMS remains available for other contingent cases.
Non-Resident Deposits - Stat 5 and Stat 8 Returns – Discontinuation
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Discontinuation of Stat 5 and Stat 8 returns: banks must use XBRL for NRD-CSR reporting and stop manual filings.
Banks maintaining NRD accounts must discontinue submission of Stat 5 and Stat 8 Returns from March 2015 and stop sending both hard and soft copies to the Department of Statistics and Information Management. NRD-CSR reporting has been migrated to and stabilised on the XBRL platform, which will be the operative mechanism for NRD data submission. The direction is issued under FEMA statutory authority and is without prejudice to permissions or approvals required under other laws.
Exim Bank's Line of Credit of USD 5.0492 million to the Banco Exterior De Cuba
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Line of Credit terms: Exim Bank export credit requires minimum Indian content, EDF/SDF declaration, and commission limits.
Exim Bank's Line of Credit to Banco Exterior De Cuba finances modernization of an injectable product plant subject to eligibility under India's Foreign Trade Policy and FEMA directions. The LOC mandates that at least 75 percent of contract value for goods and services be supplied from India, with up to 25 percent procured externally. It prescribes time limits for opening Letters of Credit and disbursement, requires EDF/SDF declaration of shipments, disallows agency commission under the LOC while permitting exporters to pay commissions from their own resources or EEFC balances subject to realization and remittance rules, and directs AD Category-I banks to inform exporters.
Prevention of Money Laundering (Amendment) Act, 2012.- Designated Director
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Designated Director requirement clarified: NBFCs may appoint a senior management officer but not the Principal Officer.
NBFCs must nominate a Designated Director to ensure compliance under the Prevention of Money Laundering (Amendment) Act, 2012; the nominee may be a board Director or a senior management officer or equivalent, but the Principal Officer must not be nominated as the Designated Director.
PROCEDURE TO BE FOLLOWED IN RE-EXPORT OF IMPORTED GOODS UNDER SECTION 69 OF THE CUSTOMS ACT, 1962-REG.
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Re-export of warehoused goods: procedure requires NOC, shipping bill filing, assessment and bond cancellation upon export.
Re-export requires the bonder-exporter to apply to the Import Bond Section, which verifies stock and may grant permission conditioned on foreign exchange realisation and lawful original import. A provisional bond register entry is made and permission is sent to the Export Section and warehouse bond officer. The exporter files a Shipping Bill for assessment; after assessment the Bond Superintendent authorises removal, the warehouse officer records Shipping Bill and quantity and allows movement to port. Post-examination, final Shipping Bill and documents are returned for bond cancellation or debit.
Export and Import of Currency
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Currency carriage limits expanded, governing how residents and visitors may carry Indian notes on air entry and exit.
Regulation prescribes per person limits on carrying Indian Government and Reserve Bank currency notes: residents may take out of India or bring into India on return currency notes up to the prescribed limit; nonresidents visiting India (excluding certain nationalities and routes) may carry Indian currency notes into and out of India only via airports and only up to the prescribed limit. Exclusions apply for travel involving Nepal and Bhutan and differentiated treatment for Pakistan and Bangladesh.
Review of the policy on foreign Direct Investment (FDI) in Construction Development Sector - Clarification on Press Note 10 of 2014 dated 03/12/2014
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FDI in construction development: clarified rules on minimum capitalization, project commencement, trunk-infrastructure and exit/transfer protocols.
Minimum capitalization is a project-specific threshold: FDI cannot be brought into a project unless the required minimum capitalization is achieved within six months of project commencement, defined as the statutory approval date of the building/layout plan; later FDI is permitted if capitalization is met. Exit before completion requires FIPB approval; automatic exit is allowed upon project completion or upon development of defined trunk infrastructure certified by a Council of Architecture-registered architect. NR-to-NR transfers prior to completion require FIPB approval; completed projects may host foreign investors for operation and management subject to the real estate business exclusion.
Non- migration of PANs due to pending Refund Caging - reg.
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Refund caging prevents PAN migration; AOs may block refunds or complete caging to enable PAN transfer.
Non-migration of PANs due to pending refund caging is addressed by procedural rules permitting PAN migration where active AOs either complete caging after verification or block refunds via the AST "Block Refund" function; refunds blocked by originating AOs under the confirmation procedure remain blocked and cannot be unblocked by destination AOs, while refunds blocked after verification of non-existence of manual refunds may be unblocked by the destination AO after due verification and completion of caging. OLD-flagged AOs or inactive AOs follow migration rules that transfer pending caging to destination AOs for completion.
Modification of Circular No.27 of 2014-15 dated 27/02/2014
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Delegation of hearing authority: Assistant Commissioner reassigned to hear objections on purchase-sales reconciliation, replacing prior assignee.
Authorises a named Assistant Commissioner to serve as Special Officer for Hearing Assignments to hear objections relating to a purchase-sales reconciliation mismatch for the specified ward, replacing the initially assigned Assistant Commissioner; all other terms and procedures of the earlier circular remain unchanged.
Steps needed to be taken to improve indirect tax administration
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Show Cause Notice standards tightened to ensure only legally sustainable notices and timely, high-quality adjudication.
Reinforce standards for issuance and adjudication of Show Cause Notices: SCNs must follow thorough factual and legal examination, state cogent sustainable grounds supported by law and precedent; adjudicating orders should be quality-checked, issued within prescribed timeframes, and follow judicial discipline; threshold limits for appeals must be applied scrupulously, and field-level litigation monitoring established to prevent delays and unnecessary litigation.
Acquisition/transfer of immovable property – Prohibition on citizens of certain countries
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Prohibition on property acquisition by specified foreign citizens now includes Macau and Hong Kong, requiring RBI permission for transfers.
Prohibition on acquisition or transfer of immovable property by citizens of specified jurisdictions is extended to include Macau and Hong Kong; such persons cannot acquire or transfer immovable property in India, other than leases not exceeding five years, without prior permission of the Reserve Bank under Regulation 7 of the Foreign Exchange Management (Acquisition and Transfer of immovable property in India) Regulations, 2000, as amended by the 2015 notification.
Re-export of goods imported under bonafide mistake
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Re-export permissions delegated to adjudicating customs officers to expedite resolution of mistakenly imported goods.
Permission for the re-export of goods inadvertently imported may be granted on merit by the concerned Customs officer acting within adjudication powers, modifying Circular No.100/2003-Cus.; implementation is to follow the adjudication framework in Section 122 of the Customs Act and Circular No.24/2011-Cus., to expedite decisions and reduce delays in cases of bonafide mistaken imports.
Merging of Commercial invoice and packing list
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Merged commercial invoice and packing list permitted, simplifying customs documentation while preserving option to submit separate packing list.
A commercial invoice cum packing list will be accepted for Customs purposes if it includes invoice details plus packing-specific fields: description of goods, marks and numbers, quantity, gross weight, net weight, number of packages and types of packages; Customs will not insist on a separate packing list when those fields are present, though traders may still submit a separate packing list if they wish.
Constitution of bench of Supreme Court to deal exclusively with tax matters on all working days
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Exclusive tax bench requires daily cause list monitoring and immediate departmental readiness for short notice tax hearings.
A bench constituted to deal exclusively with tax matters requires departmental officers to monitor the Supreme Court cause list daily, prepare for listed matters and brief counsels on short notice, ensure successors are informed during absences, and prioritize requests from the Directorate of Legal & Research through a designated Nodal Officer for coordination and clarifications.
Putting of system to regularly monitor the litigation cases for safeguarding the interests of the Union of India
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Litigation monitoring: Government to implement regular case oversight to curb routine adjournments and secure prompt defence.
A system is mandated to regularly monitor litigation involving the Union of India: Commissioners must maintain updated case lists, monitor cases weekly, appoint a senior nodal officer for coordination, and keep counsels promptly informed of hearing outcomes. Adjournments should not be sought routinely; their frequency must be reviewed and corrected. Commissionerates must report poorly handled or lost matters to the Board through the Chief Commissioner for examination and possible referral to the Ministry of Law and Justice, and promptly review whether additional affidavits are required where past positions need modification.
Import/Export of Goods and Documents through Courier Mode at Air Cargo Complex (ACC), Ahmedabad - Regarding
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Round the clock customs clearance extended for courier exports; manual filing, KYC and manifest accuracy required.
Extension of round the clock customs clearance at ACC, Ahmedabad permits 24x7 processing for courier exports while manual mode filing under the Courier Imports and Exports (Clearance) Regulations, 1998 continues until electronic systems are operational; import clearances without EDI/RMS are confined to normal office hours. Authorized Couriers must present CSBs and documents well before flight departures to allow mandatory screening, comply with KYC and qualified filer requirements, furnish complete itemised Courier Export Manifests, and meet custodian support and bond/security obligations. EXIM policy and perishables rules remain applicable.

Circulars

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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