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Circulars
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Trading hours for commodity derivatives segment
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Trading hours for commodity derivatives extended, subject to adequate risk management and infrastructure implementation.
Extension of permissible trading hours for commodity derivatives allows recognised exchanges to set longer session timings for non agricultural and agricultural commodity contracts (non agricultural with extended late evening end times linked to the US daylight savings cycle; agricultural until 21:00). The change modifies prior time limit rules, takes effect thirty days after the circular, and is subject to exchanges and clearing corporations putting in place adequate risk management, surveillance and infrastructure. Exchanges must amend bye laws, notify brokers, publish the change and report implementation.
Implementation of PGA eSANCHIT - Paperless Processing under SWIFT - Uploading of Licenses / Permits / Certificates / Other Authorisations (LPCOs) by PGAs
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Paperless processing under SWIFT for PGA upload of licences clarifies EPRA document code correction and implementation.
Implementation of PGA eSANCHIT mandates paperless processing by requiring Partner Government Agencies to upload Licenses, Permits, Certificates and Other Authorisations (LPCOs) via SWIFT. A corrigendum amends the document code for Extended Procedures Responsibility Authorization (EPRA) in the implementation table to ensure accurate coding for PGA uploads, aligning local public notice guidance with the Board circular and directing stakeholders to follow the corrected code for compliance with the electronic processing framework.
Registration of e-Commerce Operators as TCS
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E-commerce operator registration as TCS requires state-wise GST enrollment and designated jurisdiction for applicants without Assam presence.
e-Commerce operators are required to obtain separate State-wise registration as TCS under the Assam GST framework. Operators supplying into Assam from outside the State and having no physical presence in Assam must enter the address of their head office outside Assam as the Principal place of Business, attach the prescribed supporting documents, and select Guwahati Unit-A, Circle 99 as the State jurisdiction for centralised processing of the registration application.
Inserting new Appendix No.2X in the Appendices and Aayat Niryat Forms of Foreign Trade Policy, 2015-20 - reg.
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BIS licensed refineries and mints: Appendix added to Foreign Trade Policy listing authorised units for trade compliance.
The Directorate General of Foreign Trade has inserted Appendix 2X into the Appendices and Aayat Niryat Forms of the Foreign Trade Policy to list refineries and mints that have obtained BIS licence, specifying firm names, BIS licence numbers and licence validity dates as compiled from the BIS website, thereby establishing an official registry for administrative reference and trade compliance.
Insertion of a new provision under Para 2.103 and amendment in Para 2.104 - reg.
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Certificate of Origin fees established; preferential issuance and post verification under trade agreements now subject to prescribed fee rules.
Fees are now chargeable for issuance of preferential Certificates of Origin and for post verification of self certified Rules of Origin certificates under Free Trade Agreements, as detailed in Appendix 2K. Tatkal certificates are discontinued and certificates will be delivered within one working day. REX self certification for EU GSP remains free for registration; competent local authorities will undertake post verification on request and may charge the prescribed fee and recover TA/DA from exporters.
Amendment in Appendix 2K of Appendices for Appendices and Aayat Niryat Forms of FTP, 2015 – 20 - reg.
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Preferential Certificate of Origin fees established and post verification charges under EU GSP defined for single and multiple units.
Appendix 2K of the FTP, 2015-2020 is amended to prescribe application fees: a fee for issuance of Preferential Certificate of Origin and fees for post verification of self certified Certificates of Origin under EU GSP and verification under other FTAs; agencies may charge TA and DA from the unit as per government rates.
Wastage Norms and Value Addition in respect of Gold religious idols (only gods and goddess) of 8 carats and above (upto 24 carats) under Para 4.60 and 4.61 of HBP 2015-20 - reg.
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Wastage norms and value addition prescribed for gold religious idols clarifying separate treatment for plain and studded items.
Prescribes wastage norms and value addition for gold religious idols (gods and goddess) of the stated carat eligibility by adding specific wastage percentages for plain and studded items to Para 4.60 and distinct value-add thresholds for plain, colour-gem-studded, and diamond-studded idols to Para 4.61 of the Handbook of Procedures 2015-20, thereby establishing manufacturing loss allowances and processing value-add criteria for export compliance.
Setting up of an IT Grievance Redressal Mechanism to address the grievance of the taxpayers due to technical glitches on the GST Porta
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IT grievance redressal mechanism established for GST portal technical glitches; taxpayers must apply with evidence of bona fide attempts.
An IT grievance redressal mechanism is established for GST portal technical glitches: the Commissioner is the Nodal Officer, with Joint Commissioner (Systems) and Deputy Commissioner (Systems) as Additional Nodal Officers and contact emails provided. Taxpayers must apply to field officers or the named nodal officers where demonstrable glitches prevented completion of legal processes, enclosing evidence of bona fide attempts to comply. Trade associations and advisory committees are requested to disseminate the notice to their members.
Clarification regarding processing of refund claims filed by UIN entities
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Refund eligibility for UIN entities clarified: documentation, reciprocity compliance, and prior permission for vehicle refunds required.
Procedural clarification requiring UIN entities to comply with MEA reciprocity letters and to submit specified documentation-Refund Checklist (Annexure A), sample Certificates (Annexures B/B 1), Undertakings (Annexures C/C 1), detailed Statement of Invoices (Annexure D)-and, for vehicle refunds, the MEA Prior Permission letter; personnel of UN and other international organizations are not independently eligible under the notifications while personnel posted to diplomatic missions remain subject to reciprocity; a one time waiver on UIN recording is allowed subject to attested invoice copies and a revised monthly report format (Annexure E) is prescribed.
E- way bill in case of storing of goods in godown of transporter
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E-way bill requirement: declaring a transporter's godown as recipient's additional place ends the current e-way bill.
Goods stored temporarily in a transporter's godown while in transit must be accompanied by a valid e-way bill. The consignee must declare the transporter's godown as an additional place of business (with transporter concurrence); upon such declaration the e-way bill is deemed concluded when goods reach that godown and need not be extended. Any subsequent movement from that godown to other premises of the recipient requires a fresh valid e-way bill. Transporters and recipients must maintain statutory records, and recipients may keep books relating to such storage at their principal place of business.
Recovery of arrears of wrongly availed CENVAT credit under the existing law and inadmissible transitional credit
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Recovery of wrongly availed CENVAT credit: reverse via GSTR-3B with interest and penalty payable accordingly.
Because the Electronic Liability Register functionality is unavailable, taxpayers must reverse wrongly availed CENVAT credit and inadmissible transitional credit via Table 4(B)(2) of FORM GSTR-3B. Applicable interest and penalty on such reversals are to be paid through column 9 of Table 6.1 of FORM GSTR-3B. The Board treats these recoveries as central tax liabilities payable from amounts in the electronic credit or cash ledger.
Modifications to the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances, as clarified in Circular No. 41/ 15/2018-GST dated 13.04.2018
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Interception procedure clarified: detention and release rules allow hard copy proof, limit confiscation to violating consignments.
The Board modifies interception procedure language-replacing "three working days" with "three days" and updating FORM GST MOV-05 release wording-and clarifies verification and detention limits: once physical verification of a conveyance has occurred no further verification is allowed elsewhere absent new information; hard copies of prescribed notices/orders may serve as proof of action between tax authorities while detention/confiscation is confined to those goods or conveyances for which a statutory violation is established.
Clarifications of certain issues under GST
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E-way bill requirement: goods transiting another State require an e way bill; railways must not deliver without it.
Provision of tooling by an OEM to an unrelated component manufacturer free of cost is not a supply and does not require reversal of input tax credit; such tooling's cost is not includible in the component manufacturer's supply value. If contract terms treat tooling as belonging to the component manufacturer but supplied free by the OEM, amortised tooling cost must be included in valuation and the OEM must reverse credit. Mixed supplies with separately shown values attract tax at rates applicable to each element. Rail delivery requires production of an e way bill and an e way bill is needed when goods transit another State; DTA-SEZ moves in the same State are subject to rule based exemption.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of GST registration: procedural requirements and final return obligations clarified, officers to accept applications absent specified discrepancies.
Cancellation of registration is initiated via FORM GST REG-16 for specified events and must include contact details, reason, proposed effective date, stock and tax particulars, transferee registration details where relevant, and last return details. Proper officers shall accept applications within 30 days unless incomplete or where the transferee is not registered; in such exceptions the officer must issue a written discrepancy notice, allow seven working days to reply, and record reasons for any rejection. Accepted cancellations result in FORM GST REG-19 being issued with the effective date requested, subject to not being earlier than the application date.
Clarification on refund related issues
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GST refund claims must include GSTR-2A and Annexure-A and follow prescribed electronic credit ledger debiting order.
Claimants must submit a print-out of FORM GSTR-2A and a manual Annexure-A invoice statement with FORM GST RFD-01A; the proper officer will rely on GSTR-2A as evidence and will not insist on invoices already reflected therein. Refundable unutilized ITC is the least of three computed amounts and must be debited from the Electronic Credit Ledger in the prescribed order: integrated tax first, then central and state/UT taxes equally, with shortfalls adjusted. Rejected amounts for ineligible credit are re credited via FORM GST RFD-01B with simultaneous recovery action; other re credits require an undertaking or final adverse appeal outcome.
Scope of Principal-agent relationship in the context of Schedule 1 of the GST Act
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Principal agent supply: invoice issuance and authority to transfer title determine when transfers without consideration are treated as supply.
The notice explains that an agent falls within the Schedule provision treating transfers without consideration as supply only when the agent supplies or receives goods on behalf of the principal, as evidenced primarily by the agent issuing the invoice in his own name or receiving goods invoiced to him. Pure procurement or facilitation services where the principal's name appears on invoices do not attract the Schedule provision. When the agent has authority to transfer title and invoices in his name, the principal to agent or agent to principal movements are treated as supply and may trigger compulsory registration, subject to exemptions for certain agricultural commission agents.
Document Management System - Scanning of import and Export documents- Clarification
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Document Management System: import dockets retained by custodians; export shipping bills still submitted for scanning under existing procedure.
Import Bill of Entry dockets will no longer be sent for DMS scanning because import documents are uploaded via e-sanchit; custodians and service providers must retain import dockets securely and retrieve them when required. The DMS contract has been modified to cover exports only. Export Shipping Bill dockets must continue to be submitted by the superintendent in charge to the respective DMS centres on the next working day under proper acknowledgement for scanning and storage.
Instructions with regard to Compliance of CBLR, 2018
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Customs broker compliance obligations require strict KYC, authorised employees and recordkeeping to prevent misuse and smuggling.
Customs Brokers must strictly observe CBLR, 2018 obligations: obtain written authorisations from clients; transact only through authorised employees holding photo identity cards; verify IEC, GSTIN and client identity using reliable documents; maintain records for at least five years; promptly report licence loss or contact changes; remit government dues; and cooperate with investigations. The notice highlights systemic violations-poor KYC, unauthorised filing, lending of licences or login credentials, misuse of IECs and unauthorised personnel-and directs brokers to adopt robust KYC and supervisory practices and follow regulations and circulars scrupulously.
Drawback of Integrated Tax and Compensation Cess paid on imported goods upon re-export under Section 74 of the Customs Act, 1962
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Drawback of integrated tax and compensation cess now allowed on re-exports, subject to certificate preventing input tax credit or refund.
Drawback has been expanded to include refund of integrated tax and compensation cess on re exported imports by amending the Re Export Rules; authorities must secure a certificate from the jurisdictional GST officer that no input tax credit or refund has been availed or claimed for the integrated tax or compensation cess to avoid dual benefit, while other drawback procedures remain unchanged.
Applicability of Notification No. 43/2015-20 dated 05.11.2018 to SEZ units-reg.
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Export permission for gold findings extended to SEZ units, allowing low carat findings within prescribed limits.
The Foreign Trade Policy amendment permits export of findings such as posts, push backs and locks containing gold from a low carat threshold up to a stated maximum carat limit, adding them to the category of gold jewellery and partly processed jewellery allowed for export. The amendment applies to domestic tariff area exporters and to EOU/EHTP/STP/BTP units, and an instruction extends the same treatment mutatis mutandis to Special Economic Zone units.

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Document Management System - Scanning of import and Export documents- Clarification

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Document Management System: import dockets retained by custodians; export shipping bills still submitted for scanning under existing procedure.
Import Bill of Entry dockets will no longer be sent for DMS scanning because import documents are uploaded via e-sanchit; custodians and service providers ... Summary

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Acts Income Tax