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Circulars
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Review of the policy on Foreign Direct Investment (FDI) in e-commerce
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FDI in e commerce limited to marketplace model under automatic route; inventory based FDI prohibited and strict control conditions imposed.
The policy permits 100% FDI under the automatic route only in marketplace models and prohibits FDI in inventory based e commerce; e commerce entities must operate on a B2B basis, not B2C. Marketplace entities must not own or control vendor inventory (control is deemed if over 25% of a vendor's purchases are from the marketplace or its group), must not influence sale prices, must provide vendor services on an arm's length, fair and non discriminatory basis, and must ensure payments conform with Reserve Bank guidelines. Entities with equity participation by the marketplace or its group cannot sell on the same platform.
Extending the due date for furnishing of report under section 286 (4) of the Income-tax Act, 1961
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Country-by-Country Reporting deadline extended for certain constituent entities to alleviate genuine filing hardship caused by reporting accounting year alignment.
The Board extended the timeframe for furnishing Country-by-Country Reports by constituent entities, adopting a twelve-month standard period from the end of the reporting accounting year and a six-month period where a systemic failure in the parent's jurisdiction is notified; as a one-time administrative measure, the Board extended the filing deadline for constituent entities for reporting accounting years ending up to February 28, 2018, to March 31, 2019, to address genuine hardship caused by calendar-year reporting and lack of exchange arrangements.
Explanatory Notes to the Provisions of the Finance Act, 2018
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Taxation of long-term capital gains: new concessional regime applies to specified equity transfers, replacing prior exemption.
Finance Act, 2018 prescribes the income tax rate structure and surcharge/cess regime, withdraws the general exemption for specified long term capital gains and introduces a concessional tax regime with consequential valuation and computation rules, expands the domestic nexus for taxing non resident business profits by aligning "business connection" with modified PE concepts and by creating a "Significant Economic Presence" test for digital and other prescribed transactions, and makes multiple targeted amendments to dividend taxation, stock to capital conversion, insolvency linked loss carry forwards, deductions, reporting, withholding and assessment procedures.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of GST registration: officers must accept complete REG-16 applications promptly while safeguarding tax liabilities and ledger reversals.
Applications for cancellation of GST registration in FORM GST REG-16 must include specified particulars and appear on the jurisdictional officer's dashboard; proper officers should accept complete applications promptly and issue FORM GST REG-19 with the effective date sought (not earlier than application date). Incomplete applications or where the transferee entity is unregistered require written notice of discrepancy and a seven working day reply period before possible rejection; satisfactory replies permit cancellation. Cancellation does not extinguish liabilities and requires filing of final return in FORM GSTR-10 and settlement of input/output tax on stocks by debiting electronic credit or cash ledger, with ledger balances becoming unavailable from the effective cancellation date except to discharge liabilities up to final return filing.
Option to apply for Goods Registration online on ICEGATE
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Online goods registration enables importers and Customs Brokers to seek registration after duty payment and goods arrival.
Online goods registration through ICEGATE may be sought by importers and Customs Brokers through their website login for eligible Bills of Entry. Applications may be made after applicable duties have been paid and the goods have arrived at the customs station. ICEGATE verifies whether a Bill of Entry is eligible and ready for registration, and displays a specific error where registration cannot proceed because of ineligibility or non-readiness.
Procedure for disposal of un-claimed/un-cleared cargo under Sec.48 of the Customs Act, 1962, lying with the custodians
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Disposal of unclaimed cargo: statutory notice, NOC and regulatory clearances, valuation and e-auction leading to release on payment.
Custodians must list uncleared imports over thirty days, notify importers under Section 48, prepare inventories, obtain Customs NOC and any regulatory clearances or testing, value lots through approved valuers, and conduct e-auctions with Customs oversight; post-auction duties are assessed and goods released on payment, with sale proceeds disbursed under Section 150 and provisions for destruction where consignments are unfit.
AEO Programme digitization — Ease of doing business — Development of web-based application for AEO TI
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AEO programme digitization enables online filing and processing of AEO TI applications while manual filings remain available temporarily.
AEO Programme digitization implements an online filing and processing mechanism for AEO TI applications through a new web portal; applicants must register, log in, complete the application form and upload required annexures. Manual filing will continue concurrently for a transitional period while stakeholders migrate to the digital platform. The notice also aligns certification validity with review and onsite post-security compliance assessment cycles, allows ad hoc reviews if compliance concerns arise, and directs reporting of implementation difficulties to designated Customs client relationship officers.
Customs - Customs Brokers Licensing Regulation, 2018 - Customs Brokers Examination under Regulation 6 of the CBLR, 2018 - to be conducted by DGICCE, New Delhi for the year 2018 - Instruction received from Central Board of Indirect Taxes and Customs- Communication of
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Customs Brokers Examination to move online in 2019; candidates must submit photos and contact details by deadline.
Written examinations for customs broker licensing will be held online from 2019 and administered by the designated customs training academy; Commissioners must forward candidate information to the academy by 31.12.2018, and the 47 eligible candidates must submit two passport-size photos (JPG/JPEG/PNG, 20-60 KB), mobile numbers and e mail addresses to the CBLR Section at Tuticorin by 27.12.2018.
Option to apply for Goods Registration online on ICEGATE
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Goods registration online via ICEGATE enabled for eligible BEs after duty payment and arrival, with system error alerts.
Importers, customs brokers and other stakeholders may apply for goods registration online via ICEGATE for eligible BEs after applicable duties are paid and goods have arrived; ICEGATE will display specific errors if a BE is ineligible or not ready, and stakeholders should report any difficulties to the Joint Commissioner (EDI).
Discontinuance of ADD earlier imposed on import of Viscous Filament Yarn originating in or exported from People’s Republic of China
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Discontinuance of anti-dumping duty ends levy on viscous filament yarn; stakeholders must be informed promptly.
Discontinuance of anti-dumping duty on imports of viscous filament yarn from the People's Republic of China is announced after the Designated Authority concluded the duty, in force for a decade, has fulfilled its purpose; a judicial interim direction requires respondents to inform importers and exporters of the pendency of the challenge to those findings, and this notice conveys that direction to all concerned parties.
Exception from online filing of application under section 197 and 206C(9) in the cases of NRIs and resident applicants
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Exception to electronic filing allows manual Form 13 submissions for NRIs and residents, temporary relief for TDS/TCS applications.
Exercising powers under section 119(1), the Board temporarily permits manual submission of Form No. 13 by non-resident Indians unable to register on TRACES and by resident applicants, allowing filing before the TDS officer or at ASK Centers until the specified cut-off dates, as an exception to the rule-mandated electronic filing requirement for lower or nil TDS/TCS applications under Section 197 and Section 206C(9).
Procedure and Mandatory Guidelines for Uploading and Viewing Tax Audit Reports on VYAS Assessment Module (FY 2016–17 Onwards)
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Tax Audit Report upload procedure on VYAS Assessment Module requires online filing, viewing, and mandatory compliance by assessing authorities.
VYAS Assessment Module procedure is prescribed for uploading and viewing Tax Audit Reports through valid login credentials, selection of the assessment file upload menu, entry of TIN, choice of assessment year, browsing and saving the file, and use of the Register R5A/R5A entry to access the "View Tax Audit Report" and download functions where a report is available against the TIN. Tax Audit Reports for FY 2016-17 that had been prepared and sent manually are required to be uploaded on the module by 31.12.2018, and all future audit reports are to be uploaded online through the module.
Allocation of preferential export of sugar to USA under TRQ for the year 2018-19 - Clarification on definition of raw sugar - regarding
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Definition of raw sugar clarified as specific HS classifications for preferential TRQ export to the USA.
The term raw cane sugar is defined for TRQ purposes as all kinds of raw cane sugar having HS Code 170113 and 170114 at six digit level, replacing the generic reference to "raw sugar" in the allocation procedure, and thereby notifying those six digit HS classifications as the operative product description for preferential export under the Tariff Rate Quota to the USA.
Minutes of the 31st GST Council Meeting held on 22nd December 2018
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GST Council approved targeted rate changes, late fee waiver for past returns, composition scheme in principle, and pilot single interface refunds.
The Council approved ratification of recent Central GST notifications, noted implementation and ITGRC decisions, reviewed revenue trends and created a GoM to analyse revenue shortfalls. It approved targeted rate rationalisations and Fitment Committee recommendations with directions to quantify revenue impacts, agreed procedural changes including late-fee waivers for specified past returns (subject to final filing), in principle expansion of composition for small service providers subject to thresholds, a centralized appellate mechanism for conflicting AAR/AAAR decisions, and a pilot single-interface automated refund disbursal integrating GSTN with PFMS; several rule and form amendments were authorised and deadlines extended.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of registration: procedural requirements for portal applications and officer obligations on processing and final return duties.
Processing of applications for Cancellation of Registration requires prescribed portal particulars including contact details, reason and effective date sought, stock and tax computations, transferee entity particulars where relevant, and last return details; officers must accept and issue cancellation orders within the statutory period except where applications are incomplete or the transferee is not yet registered, in which case deficiencies must be communicated with a seven working day response opportunity and an opportunity to be heard before rejection.
Operation of Duty Free Shops and Special Warehouse of M/s India Tourism Development Corporation, DFS Visakhapatnam
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Operation of ITDC duty free shop requires mandatory digital warehouse records, triplicate sale vouchers, and Customs-escorted supply to vessels.
The Public Notice requires that the ITDC Special Warehouse remain under Customs custody while the Duty Free Shop serves as a point of sale for ex-bonded goods transferred from the warehouse to eligible signing-off crew, passengers and masters of foreign-going vessels. The licensee must maintain SKU-based electronic records with an audit trail per Form-A, file monthly returns and expiry notices in Forms A and B, and keep digital sales records in Form-C integrated with warehouse records every 24 hours; sales are allowed only with triplicate vouchers, passport verification and Customs countersignature.
Creation of Direct Port Delivery (DPD) Cell for extension of facility of Direct Port Delivery to importers having Authorized Economic Operator (AEO) status at ACC, Import-Shed
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Direct Port Delivery extended to Authorized Economic Operator importers; dedicated DPD Cell created for registration and around-the-clock clearance.
Creation of a Direct Port Delivery (DPD) Cell at Import Shed, Air Cargo Complex to extend DPD to Authorized Economic Operator importers; Direct Port Delivery Cell established at Import Shed with Deputy/Assistant Commissioner (Administration) as in charge, IFO officers posted, and contact details provided. The Cell will register importers for DPD, and customs/IFO officers handling AEO consignments under continuous clearance duties will attend DPD facilitated Bills of Entry. The earlier Public Notice is modified to this extent and implementation difficulties are to be reported to the issuing authority.
Procedure for disposal of un-claimed/un-cleared cargo under section 48 of the Customs Act, 1962, lying with the custodians
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Disposal of unclaimed cargo: standardized auction process and NOC requirements ensure regulated disposal after notice.
Procedure mandates custodians to list unclaimed cargo over 30 days, notify importers under section 48, and forward inventories to Disposal Branch. Disposal Branch segregates consignments needing retention, regulatory clearances or chemical analysis and issues NOCs for lots fit for auction. Custodians must value lots, hold e-auctions with staged reserve-price rules, and file consolidated bills of entry for successful bidders; Customs shall assess duty and release goods on payment, with sale proceeds disbursed under section 150.
AEO programme digitization – Ease of doing business–Development of web-based application for AEO-T1; Modification in Circular 33/2016 regarding benefit related PCA to AEO
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AEO programme digitisation enables online T1 applications while preserving temporary manual processing and aligning review and PCA cycles.
AEO-T1 applications may be filed and processed through an online platform, with digitised AEO certificates issued electronically. Manual filing and processing remain available until 31 March 2019 to support transition without delaying time-bound applications. AEO-T1 and AEO-T2 certificate validity, periodic status review, and onsite post-clearance audit intervals are aligned at three years. AEO-T1 holders are not subject to regular transactional post-clearance audit, and reviews may be initiated at any time where AEO compliance conditions appear compromised.
Revision of All Industry Rates (AIRs) of Duty Drawback
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All Industry Duty Drawback rates now use B and D suffixes, revised sectoral rates, tariff entries and caps.
Revised All Industry Rates of Duty Drawback neutralise Customs duty on inputs and residual Central Excise duty on specified petroleum products used in exported goods. Claims under the regular AIRs require the relevant tariff item to carry the suffix "B", while alternative AIRs for garment exports under Special Advance Authorization require suffix "D". Rates were increased or rationalised across specified sectors, new tariff items were introduced for chemicals, textiles, electrical and electronic goods, and caps apply where an upper limit on drawback is necessary.

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Electronic Sealing-Deposit in and removal of goods from Customs Bonded Warehouses.

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Electronic sealing deferred; RFID sealing requirement implementation for bonded warehouses remains postponed pending further notice.
The Board has further deferred implementation of Circular No. 19/2018-Customs, which mandated RFID-based electronic sealing for goods deposited in and ... Summary

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Acts Income Tax