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Circulars
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Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16.
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Cancellation of GST registration: procedural filing requirements and automatic ledger adjustment with obligation to file final return.
Applications for cancellation of GST registration under FORM GST REG-16 must include prescribed portal fields (contact details, reason and date sought, stock values and tax consequences, transfer particulars and last return details). The proper officer shall accept and issue FORM GST REG-19 within 30 days unless the application is incomplete or the transferee is unregistered; deficiencies trigger a seven-working-day reply period and an opportunity to be heard. Post-cancellation obligations include filing FORM GSTR-10 and debiting electronic credit or cash ledger for tax on stock, with assessments and notices for non-filing.
Amendment of Vessel Name and Rotation Number in Shipping Bills
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Vessel name and rotation details on shipping bills are auto-updated from the Export General Manifest; manual amendments unnecessary.
Amendment requests to change the Vessel Name/Rotation No. on Shipping Bills are unnecessary because those particulars are automatically populated and updated from the Export General Manifest (EGM); stakeholders should refrain from seeking manual amendments and report any difficulties to the Customs office.
Electronic sealing - Deposit in and removal of goods from Customs bonded Warehouses
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Electronic sealing for customs bonded warehouses extended to allow time for infrastructure setup and procurement of seals.
The Board's updated regime for electronic sealing of goods deposited in and removed from Customs bonded warehouses is subject to an administrative extension of the implementation timeline to permit establishment of infrastructure and procurement of seals by warehouse owners; the extension follows earlier circulars notifying commencement of the electronic sealing requirement.
Observations and concerns regarding Electronic seals used on Export Containers
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Electronic seal security: use of certain RFID e-seals banned and export containers subject to verification.
A security vulnerability was found in RFID electronic seals procured from M/s Leghorn Group, Italy and supplied by three named authorised vendors; those e-seals are not permitted for use until further orders. Export Gate Officers must verify at scanning that e-seals are properly locked, and the concerned Superintendent may order container examination based on perceived risk parameters. Trade parties must report any implementation difficulties to the issuing office.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of Registration procedures under FORM GST REG-16 clarified; trade advised to follow Circular guidance and disseminate.
The Trade Notice directs stakeholders to follow the CBIC Circular setting out procedures for processing applications for cancellation of registration filed in FORM GST REG-16, and instructs trade associations to disseminate those procedural instructions to their members and the public.
Sea Cargo Manifest and Transhipment Regulations, 2018
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Cargo manifest compliance mandates carrier registration, electronic filing, bond conditions for transhipment, and enforcement measures.
The regulations require mandatory registration of persons delivering arrival or departure manifests, prescribe electronic filing of structured manifests (general declaration, stores list, crew private property list and cargo declarations) with manual filing only by approval, mandate separate reporting for specified sensitive cargo, set conditions and bond requirements for transhipment through designated foreign routes, require carriers to maintain records, provide track and trace, and ensure safety and re export of hazardous goods, and establish procedural safeguards for suspension, revocation, penalties and appeals.
IGST Export Refunds - extension in SB005 alternate mechanism and revised processing in certain cases including disbursal of compensation Cess
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IGST export refund rectification: one time officer interface facility to sanction differential IGST refunds for eligible shipping bills.
Extension of an officer-interface rectification facility permits exporters with shipping bills filed up to 15.11.2018 to correct SB005 invoice mismatches and under-scrolled IGST refunds, including omissions of compensation cess. Exporters must submit a signed Revised Refund Request (RRR) and a scanned PPR to the designated AC/DC; after verification via the ICES officer interface, the AC/DC may sanction a fresh scroll for the differential IGST amount. The facility applies only to already scrolled shipping bills and is usable once per bill.
Amendment of Rules 2C, 2CA and 11AA and Form Nos 10G, 56 and 56G of the Income-tax Rules, 1962-draft notification for inputs from the stakeholders and the general public
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Amendments mandate electronic filing and standardized documentation for approvals of charitable, educational and hospital institutions and donation deductions.
The draft mandates electronic filing of applications for approvals of funds, trusts, educational institutions and hospitals previously filed manually, substituting rules and Forms 56/56D/10G. Applications must be filed under digital signature or electronic verification code and verified by the person authorised to verify income-tax returns. Applicants must attach self-certified instruments of creation, registration certificates, audited accounts/balance sheets for preceding years or since inception, prior registration or approval orders, a note on activities and other prescribed documents. The Systems wing shall specify data structures, verification procedures and security, archival and retrieval policies.
Creation of GST Helpdesks for MSME sector by CBIC coinciding with the event of Hon'ble Prime Minister on 2nd November, 2018 to support MSMEs- convened by Department of Financial Services - reg.
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GST Helpdesks for MSME sector launched across 80 districts to assist registration, returns and refunds.
CBIC will operationalise special GST Helpdesk facilities across 80 specified districts for a 100-day MSME outreach starting 2 November 2018 to assist with GST registration, return filing, refund claims and e-way bill issues; nodal officers must be appointed and details submitted, targeted publicity and educational materials in regional languages will be produced and distributed, coordination with Prabhari Officers and State nodal officers is required, and a detailed action report must be furnished to CBIC by the stated deadline.
Circular to clarify the procedure in respect of return of time expired drugs or medicines
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Return of time expired goods: fresh supply or credit note options determine ITC entitlement and reversal obligations.
Return of time expired drugs may be effected either as a fresh supply or by issuance of a credit note. A registered non composition returner issuing an invoice permits the recipient to claim ITC subject to Section 16; composition taxpayers must issue a bill of supply with no ITC to recipient; unregistered persons may use a commercial document without tax. If returned goods are destroyed, the manufacturer must reverse ITC on the return supply per clause (h) of sub section (5) of section 17. Credit notes issued within the Section 34(2) time limit permit supplier tax adjustment only if recipient has not availed or has reversed ITC; outside that period adjustment and portal declaration are not required.
Clarifications of issues under GST related to casual taxable person and recovery of excess Input Tax Credit distributed by an Input Service distributor
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Casual taxable person advance tax must reflect net liability after input tax credit, affecting registration deposits.
A casual taxable person must deposit advance tax based on estimated net tax liability after eligible ITC; long-running exhibitions beyond the permissible CTP period require normal registration with the allotment letter as place-of-business proof and no advance tax on such registration; excess credit distributed by an Input Service Distributor in contravention of law is recoverable from recipient units with interest and penalty, collectible voluntarily via FORM GST DRC-03 or by proceedings under assessment provisions using FORM GST DRC-07, and the ISD is liable to a general penalty.
Regarding date extension of annual return (52, 52A, 52B)
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Annual return filing deadline extended for VAT forms 52, 52A and 52B, with penalty for delayed compliance.
Extension of the due date for filing annual returns in Forms 52, 52A and 52B under the Uttar Pradesh Value Added Tax regime. The circular extends the last date for filing annual returns for financial year 2017-18, relating to the VAT period from 01.04.2017 to 30.06.2017, up to 31.12.2018. It further states that the date will not be extended again and warns that failure to file within time may attract penalty and other legal action.
Circular to clarify the procedure in respect of return of time expired drugs or medicines.
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Return of time-expired medicines: treat as fresh supply or issue credit notes, with ITC and statutory time-limit rules.
Return of time expired drugs may be treated either as a fresh supply-where a registered returner issues an invoice and the recipient may claim ITC subject to Section 16, composition taxpayers issue a bill of supply with no ITC, and unregistered persons issue a commercial document without tax-or by issuance of a credit note under Section 34 with delivery challan for transport; credit note adjustments are permitted only if issued within the time limit in sub section (2) of Section 34 and provided the recipient has not availed ITC or has reversed it, and manufacturers destroying returned goods must reverse ITC under clause (h) of sub section (5) of Section 17.
Clarifications of issues under GST related to casual taxable person and recovery of excess Input Tax Credit distributed by an Input Service distributor.
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Casual taxable person advance tax must be computed after accounting for eligible input tax credit, not on gross liability.
Advance tax for a casual taxable person must be calculated after considering due eligible input tax credit since FORM GST REG-1 seeks estimated net tax liability. Long exhibitions beyond the casual registration period require regular registration with the allotment letter as proof of place of business and no advance tax for registration; registration may be surrendered after the exhibition. Excess credit distributed by an Input Service Distributor must be recovered from recipients with interest and penalty; recipients may pay via FORM GST DRC-03 or face proceedings and FORM GST DRC-07, while the ISD is also liable to a general penalty.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of GST registration: procedural rules for portal filing, officer acceptance, and final return obligations.
Procedural clarifications for processing FORM GST REG-16 cancellations: allowable grounds for cancellation; portal mandatory fields; officers to accept applications promptly except if incomplete or where the receiving entity lacks registration; in such exceptions issue a written discrepancy and allow seven working days to reply before possible rejection with recorded reasons. Cancellation orders are to be issued in FORM GST REG-19 with effective dates not earlier than the application. Post cancellation obligations include filing FORM GSTR-10 within three months and debiting electronic credit/cash ledger for input tax or output tax on stock, with restrictions on ledger use from the specified cancellation date.
Circular to clarify the procedure in respect of return of time expired drugs or medicines.
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Return of time expired goods: options to treat as fresh supply or issue a credit note with distinct ITC consequences.
Provides two alternative treatments for return of time expired drugs: treat the return as a fresh supply-registered persons issue an invoice and recipients may claim ITC subject to Section 16, composition taxpayers issue a bill of supply with no ITC to recipient, unregistered persons use a commercial document; destruction of returned goods requires reversal of ITC on the return supply. Alternatively, the supplier may issue a credit note under section 34 with tax-adjustment permitted if issued within statutory time limits and recipient has not availed or has reversed ITC; late credit notes cannot adjust tax liability or require portal declaration, and destruction after credit-note returns requires reversal of ITC attributable to manufacture.
10/2018 - 29-10-2018 Companies Law
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- - reg
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Relaxation of additional fees for late filing of company annual returns and financial statements extended to year-end.
The Ministry has directed a relaxation of additional fees and an extension of the last date for filing for the financial year ended 31.03.2018, allowing waiver of additional fees on e-Form AOC-4, AOC(CFS), AOC-4 XBRL and e-Form MGT-7 where applicable, and extending the filing deadline to 31.12.2018.
Clarifications of issues under GST related to casual taxable person and recovery of excess Input Tax Credit distributed by an Input Service distributor.
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Casual taxable person registration: advance tax based on net tax after input tax credit, with ISD recovery rules.
Advance tax for a casual taxable person must be calculated on the estimated net tax liability after accounting for eligible input tax credit, as the registration form seeks net liability. Long-running exhibitions beyond the statutory casual registration period require normal registration with allotment/consent letter as place-of-business proof and no advance tax for registration; such registration may be surrendered post-exhibition. Excess credit distributed by an Input Service Distributor may be recovered from recipients with interest and penalty, recoverable voluntarily via FORM GST DRC-03 or enforced through assessment proceedings using FORM GST DRC-07; the ISD is also liable to a general penalty.
Clarification on certain issues related to refund.
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Refund procedure after deficiency memo: rectified refund applications accepted under original ARN; re credit not required pending portal update.
Where a deficiency memo has been issued, taxpayers must submit a rectified refund application under the original ARN because the portal does not yet permit filing a fresh application; accordingly, re crediting Input Tax Credit to the electronic credit ledger need not be carried out until portal functionality is provided and separate instructions will address cases where re credit was already effected. Separately, amendments clarify that exporters receiving capital goods under the EPCG scheme remain eligible to claim IGST refund on exports, while certain importers under specified customs notifications are excluded prospectively; earlier circulars are superseded.
Circular on Standard Operating Procedure for Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16.
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Cancellation of GST registration: accept applications unless incomplete or transferee unregistered, with final return and tax reversal obligations.
Procedures require that applications for cancellation in FORM GST REG-16 be accepted within thirty days unless incomplete or where the transferee has not registered; deficiencies must be notified with seven working days to reply, and rejection may follow only after opportunity of hearing and recorded reasons. Cancellation does not relieve pre- or post-cancellation liabilities; a final return in FORM GSTR-10 must be filed and liabilities under the provision for debiting input tax or paying output tax on stock must be discharged, with ledger debits permissible at final return filing.

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Corrigendum to Trade Circular No. 40/2018 dated 17th September, 2018.

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Compulsory registration for commission agents depends on principal being taxable and supplies being taxable under GST law.
Corrigendum clarifies that compulsory registration for commission agents under clause (vii) of section 24 of the WBGST Act arises only when both the ... Summary

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Acts Income Tax