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Circulars
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Anti Dumping Duty on Import of Saccharin from China PR-Implementation of Hon'ble Gujarat High Court order dt. 07.02.2018 in Special Civil Application No. 1399 of 2018
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Anti-Dumping Duty on saccharin: import clearances must be accounted and importers notified of pending litigation, as directed.
The trade remedies authority concluded there was no justification to continue the Anti-Dumping Duty on saccharin from China PR, and following a challenge the High Court issued an oral order directing that goods cleared be accounted for and importers be notified of the pending litigation; stakeholders are instructed to follow that direction pending the petition's outcome.
Constitution of Committee for Finalizing Business responsibility reporting (BPR) format for listed and unlisted Companies
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Business Responsibility Reporting format: committee to finalise standards for listed and unlisted companies and submit report.
A Committee chaired by the Joint Secretary, MCA is constituted to finalise the Business Responsibility Reporting (BRR) Format for listed and unlisted companies based on the updated NVGs. Membership includes MCA policy, SEBI, the presidents of ICSI, ICAI and ICoAI, adjunct faculty and DG IICA as special invitee. The Committee must formulate the BRR Format and submit a report within a prescribed short timeframe. ICSI and IICA will provide secretarial and logistical support and, with MCA, technical support. The Committee may invite external experts and meet anywhere in India.
Scope of principal and agent relationship under Schedule I of JKGST Act, 2017 in the context of del-credre agent
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Del credere agent status determines whether credit interest is included in the GST value of supply under valuation rules.
Scope of the principal agent relationship under Schedule I hinges on invoicing: if the supplier issues the invoice the DCA is not an agent, if the DCA issues the invoice in his own name he is an agent. If not an agent, the short term credit extended by the DCA is an independent supply of financial services and interest charged is not part of the value of the supplier's goods. If the DCA is an agent and pays the principal on buyer's behalf, the credit is subsumed into the DCA's supply of goods and interest must be included in the value of those goods under the valuation provisions.
Circular to clarify the procedure in respect of return of time expired drugs or medicines
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Return of time expired medicines: two GST options-treat as fresh supply with ITC or use credit note with time limit consequences.
Registered persons (other than composition taxpayers) may return time expired goods as a return supply by issuing an invoice and allowing the recipient to claim ITC subject to Section 16; composition taxpayers must issue a bill of supply with no ITC available to the recipient; unregistered persons may use a commercial document without charging tax. Alternatively, suppliers may issue credit notes under Section 34: if within the statutory time limit tax liability can be adjusted provided recipient has not availed or has reversed ITC; if beyond the time limit, adjustment and portal reporting are not permitted. Destruction of returned goods triggers ITC reversal rules specific to the method used.
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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Advance tax for casual taxable person must be calculated after eligible input tax credit; long exhibitions require normal registration.
Advance tax for registration of a Casual Taxable Person must be calculated after accounting for due eligible input tax credit; long-running exhibitions cannot be treated as casual taxable persons and require normal registration with allotment letter as proof, without advance tax, and surrenderable after the event. If an Input Service Distributor distributes excess credit in contravention of distribution rules, the excess is recoverable from recipient units with interest and penalty, payable voluntarily via FORM GST DRC-03 or recovered through assessment proceedings using FORM GST DRC-07, and the ISD is liable to general penalty.
Clarification on certain issues related refund
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Refund eligibility: rectified refund applications accepted under original ARN when a deficiency memo is issued, without re credit.
Where a deficiency memo is issued against a refund claim, taxpayers must submit rectified refund applications under the original ARN because the portal does not permit filing a fresh application for the same period; re crediting the electronic credit ledger via FORM GST RFD 01B is not required at present, and authorities will accept the amended application under the earlier ARN, with a separate clarification to follow for cases where re crediting was already performed.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of registration: procedural filing in REG-16 triggers acceptance unless incomplete, with final return and tax reversal obligations following.
Cancellation of registration under section 29 and rule 20 is initiated via FORM GST REG-16 with mandatory portal particulars; the proper officer must accept and issue cancellation in FORM GST REG-19 within thirty days except where the application is incomplete or a transferee entity is unregistered, in which case the officer gives seven working days to rectify before approving or rejecting. A final return in FORM GSTR-10 must be filed within three months of cancellation and liabilities under section 29(5) discharged by debiting electronic credit or cash ledger (or paid in cash), with ledger debits not being a prerequisite to filing REG-16.
Regarding extension of Principal and Agent relationship in respect of Del Credere Agent under Schedule-I of the CGST Act
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Principal-agent relationship under GST is extended for del credere agents through administrative circulation of guidance.
Principal and agent relationship under Schedule I of the CGST Act is extended in respect of a Del Credere Agent. The communication forwards the Central Board of Indirect Taxes and Customs circular on this subject and directs that it be brought to the notice of subordinate officers for necessary compliance and communicated to trade organisations. The note serves as an administrative intimation within the GST framework and does not itself create a separate substantive rule beyond circulation of the issued guidance.
Regarding Tax Collection at Source by Tea Board of India
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Tax collection at source by the Tea Board of India is circulated for compliance and trade communication.
Tax collection at source by the Tea Board of India was circulated for the notice of subordinate officers with directions to ensure necessary compliance and to communicate the guidance to trade organizations. The communication forwarded the central GST circular on the subject and was issued with approval of the Commissioner, Commercial Tax, Uttar Pradesh.
Regarding Corrigendum to Circular No. 57/31/2018 dated 04.09.2018
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GST corrigendum circulation directs subordinate officers and trade bodies to follow the updated circular guidance.
A corrigendum to Circular No. 57/31/2018 dated 04.09.2018 is forwarded for information and necessary compliance by subordinate officers under the Uttar Pradesh Commercial Tax administration. The communication directs that the corrigendum be brought to the notice of field officers and also communicated to trade organisations at the local level.
Regarding registration verification
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Registration verification requires timely scrutiny, mandatory business premises inspection, and app-based reporting to curb misuse and tax evasion.
Registration applications received on the GST portal must be examined by the Assistant Commissioner within 3 working days, with acceptance or issuance of a show cause notice. For registrations issued after 01.11.2018, physical verification of the business premises is mandatory, to be conducted by the Commercial Tax Officer and reviewed by the approving Assistant Commissioner. Verification results, photographs, and records are to be uploaded on the common portal in Form GST REG-30 within the prescribed time. An Android-based application is prescribed for recording premises verification data, and strict compliance is required.
Processing of refund under the GST.
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GST refund processing: clarifies invoice submission, ledger debit order, re-credit on rejection and disbursal obligations.
Clarifies GST refund processing: claimants must submit invoice-level details with FORM GST RFD-01A; refundable unutilized ITC is the least of the statutory formula, ledger balance at period end, and ledger balance at filing, and must be debited in order-integrated tax first, then central and state/UT taxes equally with cross-adjustment for shortfalls. Re-crediting on rejection differs where ITC is ineligible (immediate re-credit with demand) versus other reasons (re-credit after undertaking or final adverse appeal decision). Rule 96(10) restricts refunds for direct purchasers/importers benefiting from specified notifications; disbursing authorities must not withhold sanctioned refunds except as statutorily permitted.
Change of Address of the Commissioner and various Divisions and Ranges of Central Goods and Services Tax & Central Excise Commissionerate, Guwahati
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Change of address: GST Commissionerate and specified divisions and ranges relocating; stakeholders to note and publicize new premises.
Change of address of the GST Commissionerate, Guwahati and specified Divisions and Ranges is announced, relocating from Sethi Trust Building, Bhangagarh to GST Bhawan, Kedar Road, Machkhowa, effective 15th November, 2018; Federations, Associations and Regional Advisory Committee members are requested to publicize the new address among their members.
Guidelines for Enhanced Disclosures by Credit Rating Agencies (CRAs)
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Enhanced CRA disclosure requirements mandate detailed analytical, liquidity and transition-rate disclosures to improve investor transparency and monitoring.
SEBI requires CRAs to enhance press releases by expanding the Analytical Approach to disclose parent/group/government support and consolidation details, and to include a dedicated Liquidity section addressing liquid assets, access to credit lines, liquidity coverage and any external support links. CRAs must publish average one year Transition Rates over a multi year period using weighted averages across static pools, submit half yearly data on sharp rating actions for exchange disclosure, and extend half yearly Internal Audit scope to cover transition rate and default rate methodologies.
Strict compliance of provisions of Electronics and Information Technology Goods (Requirement for Compulsory Registration) Order, 2012 as amended at the time of assessment, registration and examination
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Compulsory registration requirement: notified electronic goods must be BIS-registered and correctly labelled before import or distribution.
Notified electronic and IT goods must conform to Indian Standards, be tested at BIS-recognised labs, and be registered with BIS before import or sale; the Standard Mark must be placed on product and packaging (or packaging alone where necessary), BIS stickers are prohibited, BIS certificates should be uploaded in e-sanchit, and Customs officers must verify registration, description, labelling and conformity before clearance.
Implementation Of Paperless Processing under SWIFT- Uploading of Supporting Documents (eSANCHIT) in Exports
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Paperless processing under Single Window: nationwide eSANCHIT uploads for export supporting documents, voluntary initially, pending review.
Paperless processing under the Single Window requires authorised persons to upload digitally signed supporting documents for Shipping Bills via eSANCHIT on ICEGATE, with post submission linking using an Image Reference Number; Customs will access uploaded documents for assessment and queries, and authorised persons must retain original supporting documents for five years and produce them when required.
IGST Export Refund-extension in SB005 alternate mechanism revised processing in certain cases including disbursal of compensation cess
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IGST export refund: facility to claim differential IGST and compensation cess for eligible scrolled shipping bills.
Extension of a rectification mechanism allows exporters to claim differential IGST, including compensation cess, for scrolled shipping bills filed up to 15.11.2018 where SB/GSTR 1 invoice mismatches or errors led to reduced refund scrolls. Eligibility is limited to scrolled shipping bills, usable once per bill; claimants must submit a signed Revised Refund Request (RRR) to the Assistant Commissioner (Drawback & IGST Refund) or email a scanned copy. Exporters remain responsible for ensuring matching invoice and IGST details between GSTR 1 and the Shipping Bill.
Modification in Public Notice No. 109/2000 dated 11.10.2000 - area measuring 1,98,306.42 Square Meters, from 14 VD to New OGPD Gate in Princess and Victona Docks is de-notified
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Denotification of Customs Notified Area permits port development while imposing perimeter, fencing, lighting and CCTV obligations.
The Commissioner of Customs modifies Public Notice No. 109/2000 to de-notify a specified portion of Princess and Victoria Docks, enabling Mumbai Port Trust to develop passenger, Ro Ro/ROPAX, cruise terminal and marina facilities without customs clearance. The de-notification is defined by Schedule I coordinates and is subject to conditions requiring construction of the perimeter boundary wall for the remaining customs area, port authority responsibility for incidents until permanent walling is complete, provision of temporary fencing and night lighting where needed, and 24x7 CCTV surveillance with footage available to customs on request.
Amendment to Public Notice No. 01/2018-2019/RTI dated the 25th September, 2018
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Appellate Authority designation: First Appellate Authority named for RTI appeals with contact and jurisdiction specified.
The amendment designates Shri J.K. Simte, Additional Commissioner, as the First Appellate Authority for RTI appeals for the Office of the Commissioner of Customs (Preventive), North Eastern Region, Shillong, and provides the appellate office address, contact numbers, and territorial jurisdiction covering the North Eastern states.
Implementation of PGA eSANCHIT — Paperless Processing under SWIFT-Uploading of Licenses/Permits/Certificates/Other Authorizations (LPCOs) by PGAs - reg.
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Paperless LPCO uploading requires PGA uploads of digitally signed authorizations and ICEGATE registration to obtain IRN for linking.
Implementation enables PGAs to upload digitally signed LPCOs onto eSANCHIT to be viewed as supporting documents and tagged to the relevant Bill of Entry or Shipping Bill; amended LPCOs must be re-uploaded with a new IRN quoted in consequential amendments. Beneficiaries must register on ICEGATE to receive the unique IRN that allows linking LPCOs to customs filings; untagged IRNs may be attached later via amendment at the Service Centre.

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Designation of Central Public Information Officer (CPIO) and Appellate

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Central Public Information Officer designation updated under RTI; appellate authority and CPIO names amended for customs administration.
Amendment to designation of Central Public Information Officer (CPIO) and Appellate Authority under the Right to Information Act: the first Appellate ... Summary

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Acts Income Tax