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    Circulars
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    Clarification on classification of Biodiesel under Oleo chemicals
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    Pure biodiesel classified as an oleo chemical for customs purposes, advising import-export parties to follow this classification.
    The notice clarifies that 100% biodiesel is an oleo chemical derived from vegetable oils or animal fats, referencing an earlier instruction issued after trade representations; it advises importers, exporters and clearing agents to note the classification and to report implementation difficulties to the issuing office.
    Procedure to be followed in case of registration of duty credit Scrips issued under Merchandise Exports from India Scheme (MEIS) and Service Exports from India Scheme (SEIS)
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    Duty credit scrip registration procedure clarified; electronic verification and No Alert checks required before EDI registration.
    Procedure prescribes submitting the original scrip and annexure with a photocopy to the TA in Licence Section for completeness check and acknowledgement; the ACAO/Executive Assistant must confirm and endorse No Alert after consulting the Alert Register; the Tax Assistant records licence particulars and files; the AO/Superintendent verifies genuineness on ICES 1.5, addresses discrepancies, registers the licence in the EDI system, endorses the generated registration number on documents, and permits return of the original against written acknowledgement.
    Investment by Gold ETFs in Gold Monetisation Scheme of Banks
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    Gold Monetisation Scheme designation permits Gold ETF investment subject to a cumulative AUM cap and legacy GDS maturities.
    The Gold Monetisation Scheme is designated as a gold related instrument and Gold ETFs may invest in it subject to the same conditions previously applicable to the Gold Deposit Scheme. Cumulative investment by a Gold ETF in the Gold Deposit Scheme and the Gold Monetisation Scheme must not exceed 20% of the scheme's total assets under management. Existing Gold Deposit Scheme investments may run to maturity unless withdrawn prematurely.
    Procedure to deal with cases prior to April 01, 2014 involving offer / allotment of securities to more than 49 up to 200 investors in a financial year.
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    Private placement threshold: companies must offer investor refund option with interest and verified documentation to avoid penal action.
    Companies that issued securities before April 01, 2014 to more than forty-nine but up to two hundred persons may avoid penal action by offering affected investors the option to surrender securities for a refund not less than the subscription money paid plus interest or any higher promised return; refunds must be effected through banking channels, supported by proof of dispatch/delivery of offer letters, extendable to current holders on transfer, allow adjustment of prior interest/dividend payments, and be certified by an independent peer reviewed practicing Chartered Accountant after documentary verification.
    Penalty u/s 271 (1)(c) wherein additions/disallowances made under normal provisions of the Income Tax Act, 1961 but tax levied under MAT provisions u/s 115JB/115JC, for cases prior to A.Y. 2016-17
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    Penalty under section 271(1)(c): not imposed when tax under normal provisions is lower than MAT for pre operative cases.
    Where tax computed under ordinary provisions is less than tax payable under the deeming provisions for Minimum Alternate Tax, penalty for concealment under section 271(1)(c) cannot be imposed with reference to additions or disallowances made under normal provisions for periods prior to the prospective operative date of the substituted Explanation; if MAT income is adjusted for those periods, penalty applicability depends on the nature of the adjustment, the position extends to analogous MAT provisions, and authorities are directed not to institute or to withdraw appeals on this ground.
    Recording of satisfaction note under section 158BD/153C of the Act
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    Recording of a satisfaction note is required before transmitting search records; noncompliant appeals should be withdrawn.
    Recording of a satisfaction note is a mandatory precondition for invoking provisions permitting assessment of persons other than the searched person; it must be prepared by the assessing officer dealing with the searched person before transmitting records and may be recorded at initiation, during, or immediately after assessment proceedings. The requirement applies even when the same officer handles both persons, and analogous provisions for other persons are to be treated similarly. Litigation not meeting these criteria should be withdrawn or not pressed.
    Initiatives towards good governance
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    Taxpayer access to customs officials is streamlined through weekly appointment-free meetings for resolving pending departmental issues.
    Taxpayer access to customs officials is facilitated through a weekly open-meeting arrangement to reduce delays associated with prior appointments and pending departmental issues. Importers, exporters, clearing agents and other taxpayers may meet Group 'A' officers without prior appointment on Wednesdays, designated as Taxpayers' Day, during stipulated hours. Implementation difficulties are to be reported to the Principal Commissioner.
    Minutes of the 68th meeting of the Board of Approval for SEZs held on 30th December 2015 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals
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    SEZ approvals and Letters of Permission extensions conditioned on tax scrutiny, lease limits, continuity and export obligations.
    Multiple requests for extension of formal approvals and Letters of Permission (LoP) for SEZs and SEZ units were considered, with extensions granted in several cases and rejections where development activity or recommendations were lacking; co-developer approvals were subject to standard SEZ Act/Rules terms, a maximum lease period generally capped at 30 years (renewable) except in specified State cases, and explicit reservation that lease-related payments are examinable for taxability under the Income Tax Act; revival, transfer and miscellaneous approvals were conditioned on continuity of SEZ activities, eligibility and security clearances, revenue compliance, furnishing of financial/PAN details, and specified monitoring and export obligations.
    APPROVAL UNDER SECTION 45 (1) AND 141 (2) OF THE CUSTOMS ACT,1962
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    Custodian appointment under Customs Act imposes MIAPL custody duties, compliance obligations and liability for pilferage, with specified storage areas.
    MIAPL is appointed as Custodian under Sections 45(1) and 141(2) of the Customs Act to provide custody of cargo at Air Cargo Complex, Sahar, with obligations to comply with the Customs Act, related regulations including Handling of Cargo in Customs Areas Regulations, 2009, and to pay on demand any customs duty for pilfered or unaccounted imported goods under Section 45(3). Specific export, import, heavy, light, cold storage and warehouse areas are designated for storage and handling, and the appointment is valid for a five year term while superseding earlier notices.
    Relaxation of additional fees and extension of last date of in filing of forms MGT-7 (Annual Return) and AOC-4 (Financial Statement) under the Companies Act, 2013- State of Tamil Nadu and UT of Puducherry
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    Relaxation of additional filing fees for annual return and financial statement filings in Tamil Nadu and Puducherry extended.
    Relief is granted to relax additional fees and extend the filing deadline for electronic filings of AOC-4, AOC (CFS) AOC-4 XBRL and MGT-7 for companies in Tamil Nadu and Puducherry due to heavy rains and floods, permitting waiver of additional fees where applicable and directing stakeholders to comply with the extended timeline as notified by the Ministry.
    Disposal of Adjudication cases of live Bills of Entry – Reg.
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    Adjudication timelines: expedited disposal of live bills when importer waives show cause notice to reduce dwell time.
    Directs Addl. Commissioners, Asst./Dy. Commissioners and Appraisers in charge of Assessment Groups at JNCH to complete adjudication of cases arising from Docks staff objections to live Bills of Entry within a short specified working period when the importer waives issuance of a Show Cause Notice, aiming to reduce import costs and dwell time; implementation difficulties must be reported to the Commissioner.
    Disposal of Adjudication cases of live Bills of Entry – Reg.
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    Adjudication of live Bills of Entry: complete within three working days if importer waives show cause notice.
    All Addl. Commissioners, Asst./Dy. Commissioners and Appraisers in-charge of Assessment Groups in NS-I to V Commissionerate are directed to complete adjudication of cases arising from docks staff objections to live Bills of Entry within three working days of receipt of the objection where the importer waives issuance of a Show Cause Notice; difficulties in implementation must be reported to the Commissioner.
    Regarding e-commerce
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    E commerce portal operator registration required; only platform providers must file the prescribed VAT returns under notification.
    Only persons who operate or provide e portals/websites that pass customer orders to other dealers or vendors are required to enrol and file the prescribed VAT returns; dealers selling their own goods through their own web portals are not subject to this enrolment and return filing obligation.
    Scrutiny Assessments-some important issues and scope of scrutiny in cases selected through Computer Aided Scrutiny Selection ('CASS')
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    Limited scrutiny procedures require issue specific questionnaires and notice of selection, with conversion to full scrutiny if broader evasions emerge.
    Instruction limits applicability to CASS 2014 cases selected solely on AIR/CIB/26AS parameters; AOs must confine enquiries and questionnaires to those specific data issues and notify assessees of reasons for selection. Under CASS 2015, cases are designated as Limited or Complete Scrutiny: Limited Scrutiny requires immediate communication of reasons, restricted questionnaires under section 142(1), and expedited hearings, but may be converted to Complete Scrutiny upon written approval by a senior tax officer if additional significant escapement requiring broader verification is found. Proposed additions/disallowances require a show cause notice and an opportunity to be heard consistent with natural justice.
    Issuing Questionnaire in cases selected for scrutiny
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    Issuing Questionnaire in scrutiny cases: initial notice must specify required documents and evidence for effective taxpayer compliance.
    Assessing Officers must, when issuing the first scrutiny notice under section 143(2), also issue a notice under section 142(1) accompanied by a questionnaire specifying the particular documents, accounts, information and evidences required to be furnished by the taxpayer in the scrutiny assessment proceeding, to ensure clear communication of compliance requirements and avoid unnecessary hardship and time wastage.
    Deletion of Panama from Country Group-C under MEIS Scheme
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    Deletion of Panama from Country Group-C under MEIS corrects duplicate listing and alters exporters' reward eligibility.
    Deletion of Panama from Country Group-C under the MEIS Schedule removes the entry "Panama" (Serial No.50) from Table 1 of Appendix 3B, leaving "Panama Republic" in Country Group-B, thereby clarifying country classification for application of MEIS incentives. The deletion is made under paragraph 1.03 read with paragraph 2.04 of the Foreign Trade Policy 2015-2020 and is effective from the date of the Schedule's initial notification.
    TDS under section 194A of the Act on interest on fixed deposit made on direction of Courts
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    TDS on court-directed fixed deposit interest suspended until court determines beneficiary; TDS applies thereafter to recipient.
    Interest on fixed deposits made in the name of the Registrar General of the Court or by a depositor on court directions is not subject to TDS under section 194A while court proceedings to determine the beneficiary are pending because the recipient, amount and year of receipt are unascertainable. After the court determines ownership, section 194A applies and TDS must be deducted to the credit of the recipient; the Board has accepted this position and advises withdrawal or non-prosecution of contested appeals.
    Customs - Valuation of second hand machinery-Reg.
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    Valuation of secondhand machinery: inspection reports required to determine assessable value under the residual valuation method.
    Imports of used second hand machinery are valued by the transaction value if Rule 3 requirements are met; where pre sale or pre import alterations or added costs exist or where Rules 4-8 cannot be applied due to lack of comparables or production cost basis, the proper officer may apply the residual method under Rule 9 factoring condition, depreciation, refurbishment, disassembly, packing and pre shipment inspection fees. Inspection/appraisement reports by overseas Chartered Engineers (Form A) or notified domestic agencies (Form B) are to be used to examine declared values and may trigger sequential valuation under Rules 4-9 if discrepancies arise.
    Draft Guiding Principles for determination of Place of Effective Management (POEM) of a Company
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    Place of Effective Management determines company residency based on where key management and commercial decisions are made.
    POEM determines company residency: it is where key management and commercial decisions for the business as a whole are, in substance, made. Companies meeting the "active business outside India" test (objective thresholds for passive income, assets, employees and payroll) are presumed to have POEM outside India if a majority of board meetings occur outside India unless real decision-making is exercised in India. For other companies POEM requires (1) identifying who actually makes key decisions and (2) locating where those decisions are made, with emphasis on board location, delegation, head office and senior management, and substance over form.
    Applicability of Minimum Alternate Tax (MAT) on foreign companies for the period prior to 1.04.2015
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    Minimum Alternate Tax inapplicability clarified for foreign companies without permanent establishment, directing reassessment and statutory amendment.
    Section 115JB shall not apply to a foreign company (including FIIs/FPIs) if: (i) it is resident of a country with which India has a Double Taxation Avoidance Agreement and does not have a permanent establishment in India under that agreement; or (ii) it is resident of a country without a DTAA and is not required to seek registration under the Companies Act registration provisions. Field authorities are directed to complete pending assessments in accordance with this position and an amendment through the Finance Bill, 2016 was proposed.

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      Investment by Gold ETFs in Gold Monetisation Scheme of Banks

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      Gold Monetisation Scheme designation permits Gold ETF investment subject to a cumulative AUM cap and legacy GDS maturities.
      The Gold Monetisation Scheme is designated as a gold related instrument and Gold ETFs may invest in it subject to the same conditions previously ... Summary

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