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Circulars
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Modification of SION A-2611
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SION revision reduces permitted input quantities for a specified chemical export product, preserving product description and inputs.
Modification of Standard Input Output Norms (SION) A-2611 revises permitted input quantities for a specified chemical export product by deleting and replacing the existing SION entry in the Handbook of Procedures Vol II; the inputs and export product description remain unchanged while the allowed quantities for listed import items are reduced.
Service Tax Voluntary Compliance Encouragement Scheme – 2013
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Voluntary compliance scheme deadline prompts extended office and bank hours to accept declarations; partial payment required to qualify.
Operational measures facilitate final filings under the Voluntary Compliance Encouragement Scheme (VCES) 2013: Service Tax offices will operate extended hours and accept demand drafts/pay orders under the Receipt Payment Rules, and designated banks will extend hours to receive payments. Declarants must remit the required portion of declared tax by the statutory deadline to remain eligible; failure to pay will result in ineligibility and, from the following year, authorities will enforce statutory arrest and prosecution provisions against non-compliant service providers.
Application for grant of authorization for export of various chemicals in terms of Notification No. 56 dated 12.12.2013.
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Export authorization requirement for specified hazardous chemicals: electronic application with prescribed data, issue upon central clearance.
Exports of Dimethylamine Hydrochloride, Sodium Cyanide and Sodium Fluoride require prior DGFT authorization. Exporters must e mail the designated inbox (with copy to the jurisdictional Regional Authority) providing IE Code, applicant name and address, item with ITC(HS) code, quantity (figures and words), FOB value, foreign buyer details and three years' export history. DGFT headquarters will decide on the submission; the jurisdictional Regional Authority will issue authorizations after headquarters clearance and on receipt of the formal ANF 2D application.
Clarification in respect of the competent authority to compound offences related to the TDS provisions
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Compounding authority for TDS offences clarified: jurisdictional CCIT/DGIT authorised to compound offences under TDS provisions.
The authority competent to compound all applications for compounding of technical offences is the CCIT/DGIT having jurisdiction over the case; in TDS-related cases, the competent authority is the CCIT under whose jurisdiction the CIT(TDS) functions.
20/2013 - 27-12-2013 Companies Law
Clarification with regard to holding of shares or exercising power in a fiduciary capacity - Holding and Subsidiary relationship under Section 2(87) of the Companies Act, 2013.
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Fiduciary capacity shareholding excluded from calculation of holding-subsidiary relationship under Companies Act, guiding registrars and stakeholders.
Shares held or powers exercisable by a company in another company in a fiduciary capacity shall not be counted for the purpose of determining the holding-subsidiary relationship under section 2(87) of the Companies Act, 2013; this clarification aligns with prior exclusion under the Companies Act, 1956 and is issued by the Ministry of Corporate Affairs for registrars and regional directors.
Indication of specific (not generic) name/description of all the inputs used in manufacturing of the goods presented for Export.
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Specific input identification required in shipping bills for export authorisation redemption; interim invoice signature permitted for SEZ filings.
Paragraph 4.1.15 requires the exact specific name/description of inputs used in manufacturing exported goods to be endorsed in the shipping bill and to match the Authorisation; only inputs so endorsed will be allowed at redemption or discharge of export obligation. Where SEZ-online lacks a facility to record input details, assessing officers should put their dated signature on the body of the invoice(s) attached to the bill of export to verify the specific inputs, and exporters should use this interim measure until the online module is modified.
Know Your Client Requirements
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Know Your Client requirements: Section C moved from Part I to Part II; intermediaries must update forms within transition period.
Certain client information formerly in Section C of Part I of the standard Account Opening Form is moved to Part II for individuals and non-individuals. Revised Part I data are to be captured by KRAs from the date of the circular, and intermediaries have six months to modify pre-printed KYC forms. The shift retains basic, stable KYC in Part I for central capture while placing changeable, intermediary-specific details in Part II to reduce repeated KRA updates and harmonise KYC across the financial sector.
Procedure for renewal of Customs brokers Licence
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Customs broker licence renewal procedure requires prescribed documentary compliance and antecedent verification before approval.
Renewal of a Customs Broker Licence under Regulation 9 of CBLR, 2013 requires submission within the prescribed pre expiry period of a complete set of documents including Form A, CHA licence copy (Form B), premises proof, identity card list, Bond in Form D, five year performance summary, three years of service tax and income tax returns, fee challan, FDR security deposit, solvency certificate, PAN documentation, constitutive documents, CHAs Association membership, Powers of Attorney as required, and a declaration addressing constitution/address changes, inoperative cards, Regulation 16 accounts, pending judicial matters, arrears, and reasons for any delay; antecedent verification will follow and renewal, once approved by the Commissioner, will be intimated and listed on the Policy Branch notice board.
Set up Tax Administration Reform Commission
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Tax administration reform solicits stakeholder input to recommend organizational, procedural, dispute resolution and taxpayer service improvements.
Establishment of a Tax Administration Reform Commission to advise the Ministry of Finance and report on four core reform areas: organizational structure and HR systems; business process modernization and ICT use; dispute resolution mechanisms for domestic and international taxation; and taxpayer services and education, including grievance redressal, duty drawback and refunds. The Commission will hold stakeholder consultations nationwide, invites industry and professional bodies to provide inputs through designated representatives, and requests advance submissions by the stated deadline.
Borrowing and Lending in Rupees - Investments by persons resident outside India in the tax free, secured, redeemable, non-convertible bonds
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Foreign investment in rupee bonds: non-residents may subscribe to tax-free secured non-convertible bonds enabling on-lending to infrastructure or deposit placement.
Resident entities authorised by the Government of India may issue tax-free, secured, redeemable, non-convertible bonds in Rupees to persons resident outside India; proceeds may be used only for on-lending/re-lending to the infrastructure sector or placed in fixed deposits with banks in India pending utilisation, pursuant to amendments to the Foreign Exchange Management (Borrowing and Lending in Rupees) Regulations and under the authority of the Foreign Exchange Management Act, 1999.
Lowering of the threshold for e-payment to rupees one lakh
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Mandatory electronic tax payment now requires internet-banking deposits for taxpayers exceeding the reduced annual payment threshold.
Assessees whose total tax or duty paid in the preceding financial year meets or exceeds the revised threshold, including amounts paid using CENVAT credit, are required to deposit service tax and central excise duty electronically via internet banking; amendments to Rule 6(2) of the Service Tax Rules and Rule 8(1) of the Central Excise Rules implement this change effective 1 January 2014.
REGARDING FEES/REMUNERATION FOR SPECIAL AUDIT OF DEALERS UNDER SECTION 58A OF DVAT ACT, 2004
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Special audit fees schedule for VAT dealers set, with slab-based auditor remuneration, capped local conveyance, and no TA/DA.
Prescribes a slab-based fee schedule for auditors conducting Special Audit under Section 58A of the DVAT Act, 2004, tied to defined turnover bands; defines turnover net of tax; permits actual local conveyance beyond 8 km capped at 10% of the audit fee; applies service tax as applicable; disallows TA/DA for audits outside Delhi; and requires auditors to submit bills to the Zonal Additional/Joint Commissioner for verification and forwarding to the Additional Commissioner, Special Audit.
Amendment of rule 6 of the CCR, 2004 - Regarding.
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Reversal of CENVAT credit: proposed deeming of non excisable goods as exempted to enable credit reversal mechanisms.
The rules currently treat non excisable goods as outside the definition of exempted goods and therefore raw materials, consumables and services used for manufacture of non excisable goods do not qualify as inputs or input services, are not eligible as CENVAT credit, and are not subject to reversal under rule 6; an amendment deeming non excisable goods to be exempted is proposed to bring such inputs and services within rule 6 reversal mechanics.
Lowering of the threshold for e-payment to rupees one lakh
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Electronic payment requirement expanded: broader set of service taxpayers must remit service tax via internet banking.
Taxpayers who paid at least the reduced threshold in the preceding financial year, including CENVAT-utilised amounts, must deposit Service Tax electronically by internet banking under the amended proviso to Rule 6(2) of the Service Tax Rules; a corresponding amendment to Rule 8(1) of the Central Excise Rules imposes the same requirement for central excise, with both notifications taking effect from the stated effective date.
U/S 92CB - Safe Harbour Rules - Immediate Action Required Including Report From All Assessing Officers (AOs) on Details of Form 3CEFA Received By Them
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Safe Harbour Rules: AOs must verify Form 3CEFA filings and report options; inaction leads to deemed acceptance.
Safe Harbour Rules require Assessing Officers to identify and examine all Form 3CEFA filings, decide within the statutory time limit whether to accept the Safe Harbour option or refer it to the Transfer Pricing Officer, allow rectification for minor defects without extending the time limit, verify eligibility and international transactions, and furnish certified details of options filed to supervisory and central authorities.
DEFERRED TAX LIABILITY ON CREATION OF SPECIAL RESERVE UNDER SECTION 36(1)(viii) OF THE INCOME TAX ACT, 1961
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Deferred tax liability on special reserve required; banks must create DTL and adjust prior uncharged amounts.
Banks must recognise a deferred tax liability on the Special Reserve created under Section 36(1)(viii) per Accounting Standard 22. Unrecorded DTL as at March 31, 2013 may be adjusted directly from Reserves with disclosure in the 2013-14 Notes to Accounts. From the year ending March 31, 2014, DTL on amounts transferred to the Special Reserve should be charged to the Profit and Loss Account. The entire Special Reserve may be reckoned for computing Tier-I capital.
Implementation of Risk Management System (RMS) in Exports - Clarifications
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Risk management system selection may trigger export consignment examinations unless exporters correctly declare factory stuffing and seal type.
RMS implementation may cause factory stuffed containers to be selected for physical examination, including random picks; this commonly results from incomplete or misplaced entries in the Shipping Bill/check list-notably omission of factory stuffing status, seal type (Authorized/Self/Warehouse), Central Excise examination status, or reward scheme claims in designated fields. Exporters and Customs Brokers must enter all required particulars, including Annexure C details (except container-specific numbers when unknown), at filing to minimize examinations and delays; incorrect declarations at registration can prompt detailed inspection prior to grant of LEO.
Procedure to be followed by Special Auditor for conducting Special Audit under Section 58A of the DVAT Act, 2004
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Special Audit under Section 58A: auditors must secure documents, escalate tax classification queries, and submit Form AR-1 reports.
The Special Auditor must identify the dealer by name and TIN and audit period, jointly procure documents with the Assistant Commissioner, escalate classification or taxability queries to the Addl. Commissioner (Zone) and Addl. Commissioner (Audit) for clarification, and communicate by email with copies to zonal and audit officers. The auditor shall inspect branches as needed, brief supervisory officers on significant detections, submit a detailed Form AR-1 audit report covering departmental risk parameters in three copies to designated commissioners, comply with departmental billing rules, and provide presentations or assistance during assessment proceedings.
Appointment of Common Adjudicating Authority
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Assignment of Show Cause Notice to designated Commissioner for adjudication under the Customs Act administrative framework.
The Board, invoking Notification No.15/2002 Customs under sub section (1) of section 4 of the Customs Act, 1962, assigns Show Cause Notice F. No. VIII/48/06/2013 DRI dated 16.09.2013 issued by the Directorate of Revenue Intelligence, Chennai to the Commissioner of Customs (Seaport Import), Custom House, Chennai for the purpose of adjudication.
INFLATION INDEXED NATIONAL SAVINGS SECURITIES - CUMULATIVE, 2013
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Inflation-indexed savings bonds: CPI-linked interest plus fixed margin, ten-year maturity with limited early redemption and penalty.
Issuance of Inflation Indexed National Savings Securities-Cumulative, 2013: resident individuals, HUFs, qualifying charitable institutions and universities may subscribe within prescribed minimum and maximum limits. Bonds issued at par are held in Bonds Ledger Accounts with RBI; subscriptions accepted through authorised banks/SHCIL with KYC compliance. Interest equals a fixed rate plus inflation based on combined CPI (2010=100) with a three month lag, compounded half-yearly and paid at maturity. Bonds are non-tradable but eligible as collateral. Ten year repayment; early redemption after specified holding periods subject to a fifty percent of last coupon penalty.

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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