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Circulars
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Non-compliance of CBEC Cricular w.r.t weightment of Exim containers at ICD, Amingaon
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Container weighment compliance required: all import-export containers at ICD must be weighed under cargo handling regulations.
Requires strict compliance with mandatory weighment of exim containers at ICD, Amingaon: the custodian reported no containers weighed since the weighbridge was commissioned, and the order directs that all containers be weighed in accordance with the Handling of Cargo in Customs Areas Regulations, 2009 and the cited CBEC circular.
Norms for investment and disclosure by mutual funds in derivatives
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Covered call strategy permitted for mutual funds, subject to specified exposure limits, disclosure and daily mark-to-market requirements.
Mutual fund schemes (excluding index funds and ETFs) may write call options only under a covered call strategy on constituent stocks of major indices, subject to limits on total notional value relative to equity holdings and caps on underlying shares as a percentage of unencumbered holdings. Schemes must continuously comply with these limits, have a defined rebalance period for passive breaches, hold underlying shares when writing calls, avoid hedging those shares with other derivatives, keep option premium exposure within existing gross exposure ceilings, and mark written calls to market daily with NAV impact until position closure or expiry.
Implementation of eSANCHIT in Exports on mandatory basis
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eSANCHIT mandatory upload of export supporting documents required, streamlining compliance and expediting export clearance processes nationwide.
eSANCHIT is mandated for exports: exporters and customs brokers must upload digitally signed supporting documents for shipping bills on eSANCHIT for all export types under ICES, using the same upload procedure as prescribed for imports. The public notice operates as a standing order for Jawaharlal Nehru Custom House staff; trade must use the facility to reduce costs and expedite clearances and may report difficulties to the EDI section.
Launch of AEO Website for Online filing of Applications for T1
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AEO T1 online filing launched; manual processing continues temporarily while accreditation and certificate validity synchronization implemented.
A web-based portal (aeoindia.gov.in) enables online AEO-T1 applications-registration, sign up and submission of Annexures 1 and 2-with submitted applications routed to Customs dashboards for staged verification and processing ending in certificate generation by the Directorate of International Customs; manual filing remains permitted concurrently until 31.03.2019 to ensure seamless transition, support is available via DIC and a Kolkata CRM, and programme oversight intervals for reviews and onsite PCA for AEO-T1/T2 are extended while DIC may initiate reviews at any time.
Invitation of applications for empanelment of Chartered Engineers for examination/valuation of Second / Old & Used machinery/ goods etc. in the jurisdiction of Pune Customs Commissionerate
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Empanelment of chartered engineers for valuation of second hand imported machinery; applications require institutional affiliation, verification and reporting.
Chartered Engineers affiliated to the Institution of Engineers (India) may apply for empanelment to value second hand, old and used imported machinery and related goods; applications require prescribed forms, undertakings and supporting certificates, physical verification and valuation reports in accordance with CBEC Circular No. 25/2015. Shortlisted applicants will be vetted, referred to the Institution for confirmation, interviewed by a senior Customs panel, and on empanelment must submit half yearly self appraisals, maintain independence and integrity, and face suspension or cancellation for false information or improper valuation.
External Commercial Borrowings (ECB) Policy – New ECB Framework
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External Commercial Borrowings framework expands eligible borrowers and streamlines automatic route approvals with strengthened reporting.
The circular replaces the prior multi track regime with a unified External Commercial Borrowings (ECB) framework distinguishing foreign currency and rupee denominated ECBs, broadens eligible borrowers to those entitled to receive FDI plus specified public and not for profit entities, and requires recognised lenders to be resident in FATF or IOSCO compliant jurisdictions. Compliant ECBs within prescribed parameters qualify for the automatic route subject to an annual limit, with designated AD Category I banks responsible for verification, mandatory Loan Registration Number prior to drawdown, monthly Form ECB 2 reporting, and payment of Late Submission Fees for delayed filings.
Guidelines for public issue of units of InvITs - Amendments
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Public issue procedures for InvITs refined to restrict anchor investor eligibility and require ASBA-only bidding and electronic platform use.
Subscription and bidding mechanics are standardized to an ASBA-only payment mechanism and exclusive use of recognised stock exchanges' electronic bidding platforms. Investors must submit bid-cum-application forms through SCSBs or prescribed intermediaries, who are responsible for uploading bids, stamping and acknowledging applications and submitting them for fund-blocking. Stock exchanges must validate DP/Client/PAN details daily, permit limited on-file modifications to specified fields, provide transparent electronic bidding facilities, and enable investor status viewing and alerts via websites, SMS and email.
Guidelines for public issue of units of REITs - Amendments
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ASBA mandatory for REIT public issues, requiring electronic bidding, intermediary upload duties and stock-exchange validation and alerts.
The circular mandates ASBA for all REIT public issues and requires bidding exclusively through recognised stock exchanges' electronic platforms. Investors must submit bid-cum-application forms to SCSBs or authorised intermediaries, who must upload bids, stamp and acknowledge applications and arrange fund blocking. Stock exchanges must validate DP ID/Client ID and PAN with depository records daily, allow limited modification of either DP ID/Client ID or PAN (but not both) and specified bank/location fields, provide applicant status updates and alerts, and ensure blocked funds are adjusted for bid revisions.
Resolution of EGM/Stuffing related errors in Shipping Bills for IGST Refunds
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EGM errors delay IGST export refunds; custodians, shipping agents and preventive officers must file and reconcile EGMs and stuffing reports.
Errors in Export General Manifest (EGM) filings, mismatches between local and gateway EGMs, and non-filing of stuffing reports by Preventive officers obstruct automated IGST refund processing. Custodians, shipping lines and agents must maintain tally sheets linking previous and new container numbers and Bills of Lading; inland stakeholders must file local EGMs online before movement. Preventive officers shall enter stuffing reports and may use the PREV OFF role and Gateway EGM CTR Amendment option to correct container and N/C errors; shipping lines may file supplementary EGMs where none exist.
CHAIRMAN'S WEEKLY LETTER
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Refund Procedure Enhancement: online upload of supporting invoices with GST refund claims to streamline sanctioning and address IGST errors.
Notifications, Circulars and Orders implementing 31st GST Council recommendations introduce a facility to upload all supporting documents and invoices online with Form GST RFD-01A to facilitate refund claims. A CBIC Circular delineates stakeholder roles in the IGST refund sanction process, addresses SB006 error-related delays, and provides a grace period for filing EGMs of past cargo consignments without penal consequences to enable sanctioning of held refunds.
SAD Refund Drive from 16th January, 2019 to 31st January, 2019 for ascertaining the pendency of SAD Refund claims
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SAD refund drive requires claimants to submit prescribed documents for pending refunds; unsubmitted cases decided on available records.
A special SAD refund drive from 16 to 31 January 2019 requires importers, customs brokers and stakeholders to submit replies and prescribed documents for pending SAD refund claims to the SAD Refund Sections; claimants with remanded matters or outstanding orders/payments must approach the section with valid acknowledgements for processing, otherwise cases will be decided on the basis of available records.
GST on Services of Business Facilitator (BF) or a Business Correspondent (BC) to Banking Company.
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GST liability on BF/BC services: banking companies are the service providers and bear tax on customer service charges.
Under the RBI BF/BC model the banking company is the service provider and is liable to pay GST on the full value of service charges or fees charged to customers, whether or not collected via BF/BC. Exemption for services in relation to accounts in a rural area branch is available only where services by BF/BC fall under Heading 9971 and relate to a branch classified as rural in accordance with RBI guidelines; the bank's RBI-based classification should govern eligibility.
Clarification on GST rate applicable on supply of food and beverage services by educational institution.
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GST exemption for educational institution food services applies when the institution supplies meals; contracted caterers remain taxable.
Supplies of food and beverages provided by an educational institution to its students, faculty and staff are exempt from GST under the exemption entry for educational institution services where the institution itself makes the supply; supplies by any other person under contract with the institution are taxable at the rate prescribed for food and beverages. The exemption depends on the descriptive coverage of the exemption entry rather than the indicative chapter/heading codes, and administrative amendments were made to remove ambiguity in the rate notification and to add the relevant heading to the exemption entry.
Clarification on issue of classification of service of printing of pictures covered under 998386.
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Service classification of printing of pictures confirmed as photographic processing services, attracting the higher applicable GST rate.
Printing of pictures falls under 998386 Photographic and videographic processing services, which includes developing negatives, colour printing of images from film or digital media, reprints and related processing, and is excluded from 998912. The circular directs that printing of pictures be classified under 998386 for GST purposes, noting that the two service codes attract different GST rates and that incorrect classification may lead to short payment of tax.
Applicability of GST on Asian Development Bank (ADB) and International Finance Corporation (IFC).
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Immunity from taxation leads to GST exemption for services supplied by multilateral development banks, excluding agents.
The enabling statutes grant immunity from taxation and from obligations to pay, collect or withhold taxes for the multilateral institutions and their authorised operations; accordingly, services directly provided by those institutions are exempt from GST. This exemption arises from statutory immunity and accompanying precedent holding that where the provider is absolved of tax-collection duties there is no scope to tax the recipient. The exemption does not extend to entities appointed by or acting on behalf of the institutions.
Applicability of GST on various programmes conducted by the Indian Institutes of Managements (IIMs).
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Educational institution status under IIM Act enables GST exemption for long duration IIM programmes from levy.
With effect from 31 January 2018, all scheduled IIMs qualify as educational institutions under the cited notification, making services to students in long duration programmes (one year or more) that confer law recognised degrees or diplomas exempt from GST; by contrast, short duration executive programmes awarding participation certificates (less than one year) are not exempt and attract standard GST.
Clarification regarding GST tax rate for Sprinkler and Drip Irrigation System including laterals.
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GST rate for micro irrigation covers sprinklers and drip irrigation systems including laterals under the notified classification.
The term sprinklers in the Schedule II entry includes sprinkler irrigation systems; accordingly, sprinkler systems consisting of nozzles, laterals and other components fall within the notified classification for micro irrigation and attract the recommended GST rate. Micro irrigation encompasses drip emitters, subsurface drip, micro-spray and micro-sprinkler methods.
Clarification regarding GST rates and classification (goods).
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GST classification clarified for specific goods; feed inputs, domestic LPG, plastic bags, wood logs and machinery treatment specified.
Clarification on GST classification and rates: unbranded Chhatua/Sattu under HSN 1106 is exempt while branded/packed is taxable; fish meal and other raw materials for animal feed falling under HSN 2301 attract the relevant rate for flours/meals and are not covered by the nil entry for prepared feeds; feed supplements are classified by form and trade use between headings 2309 and 2936. LPG supplied for domestic use in bulk to OMCs is eligible for the domestic entry; PP woven/laminated bags fall under HS 3923; wood logs for pulping under 4403; bagasse boards under the concessional bagasse entry; embroidered three piece fabric packs remain classed as fabric; WTEP concession applies only to goods in chapters 84,85,94 with end use verification; turbochargers classed under 8414; interstate movement of machinery on own account for provision of services is not a supply.
Clarification on refund related issues.
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Electronic submission of GST refund claims streamlines filing and triggers officer review and statutory processing timelines.
Refund claims in FORM GST RFD-01A must have all supporting documents uploaded on the common portal before ARN generation; ARN triggers electronic transfer to the jurisdictional proper officer and starts statutory timelines. Net ITC for inverted duty refunds includes ITC on all inputs availed in the relevant period regardless of rate; reversed ITC is not treated as availed for refund. Compensation cess refund is to be recomputed for past periods as if cess ITC had been available then, subject to export payment method exclusions. Applications generated but not received are governed by re-credit and notice procedures.
Clarification on export of services under GST.
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Export of services: full contract value treated as export if reverse charge tax paid and RBI permits retention abroad.
Where an Indian supplier exports services but outsources part to a non resident supplier, the contract gives rise to (i) export of services by the Indian supplier for the full contract value and (ii) import of services by the Indian supplier for the outsourced portion. The Indian supplier must pay integrated tax on the imported portion under reverse charge and may claim input tax credit. If the foreign recipient pays the non resident supplier directly, the full contract value may still be treated as export provided reverse charge tax on the imported portion is paid and RBI permits retention of export consideration outside India.

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Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117(1A) of the Uttarakhand Goods and Service Tax Rules, 2017 in certain cases

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Extension of filing deadline for FORM GST TRAN-1 granted for affected registrants following portal technical difficulties.
Extension of the filing period for FORM GST TRAN-1 is granted to the class of registered persons who could not submit by the due date due to technical ... Summary

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Acts Income Tax