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Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017 and it’s implementation
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Concessional import duty rules: implementation reallocates excise officers' customs functions to customs pending jurisdictional notifications.
Implementation of the 2017 Rules reallocates administrative tasks formerly performed by Central Excise officers to Customs officers, but until the Board issues notifications modifying Commissionerate jurisdiction the functions assigned under the new rules to Deputy or Assistant Commissioners of Customs shall continue to be performed by officers of the jurisdictional Central Excise Commissionerates; stakeholders are invited to report difficulties, and the notice notes existing legal empowerment for Central Excise officials to act under the Customs Act.
Implementation of GST in Customs-Changes in S/B Declaration
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Implementation of GST in customs: exporters may claim higher duty drawback via self-declaration for applicable exports.
The requirement for a GST officer's certificate to claim higher AIR duty drawback has been replaced by an exporter's self-declaration in the prescribed format, to be incorporated in the EDI shipping bill. The revised Note and Condition 12A apply to exports with let export orders issued on or after 1.7.2017, allowing a single declaration for past shipping bills from that date; goods cleared before that date without a prior let export order remain subject to the earlier certificate requirement.
Issues related to Bond/Letter of Undertaking (LUT) for Export payment of Integrated Goods & Service Tax (IGST)
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Letter of Undertaking for IGST-free exports: procedural submission, required documentation, and acceptance process clarified.
Exporters supplying goods or services without payment of IGST must furnish a Bond or a Letter of Undertaking (LUT) in FORM GST RFD-11 under rule 96A; until portal functionality is available, submissions may be made manually to the concerned Assistant Commissioner at the Export Cell. The Export Cell will scrutinise applications and issue acceptance letters within three working days; LUT acceptance letters are valid for one year, bonds require a bank guarantee at the department's prescribed proportion of the bond amount, and specified documentary prerequisites (request letter, FORM GST RFD-11, LUT/bond format, proof of turnover or remittance, registration, IEC, returns, and invoices) must accompany applications.
GST Readiness of VAT dealers migrated to GST – Obtaining certain information – Web form designed – Certain instructions issued – Reg.
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GST readiness data collection mandated: VAT dealers must provide prescribed details via web form and officers must upload them.
The Commissioner mandates collection and entry of GST readiness data from all VAT dealers into the GST Readiness Input Form in VATIS, including rate wise turnovers (inter state/local) from LTU dealers and top dealers, with Deputy Commissioners to allocate officer responsibilities and report compliance.
Export policy of Muli-bamboo and bamboo products — Proforma for issue of Certificate of Origin (COO) regarding
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Certificate of Origin requirement for Muli-bamboo and bamboo products mandates legal sourcing verification and limited validity.
Exports of Muli-bamboo and bamboo products require a prescribed Certificate of Origin issued by the State Forest Department or Agriculture Department certifying that the material was obtained from a legal source. Certificates must record applicant and registration details, location, inspection and transit particulars, source location and quantity or product specifications. Finished products require certified photographs with a measuring scale. Each certificate is valid for two months from date of issue. Exclusions include bamboo charcoal, bamboo pulp and unprocessed bamboo shoots.
Functions assigned to the officers under Bihar GST Act,2017
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Delegation of powers under Bihar GST Act assigns specific officers defined statutory and rule functions, subject to commissioner limits.
Commissioner assigns specified officers as proper officers under the Bihar Goods and Services Tax Act, 2017, allocating particular statutory and rule based functions to the Commissioner, Joint Commissioner, Deputy Commissioner/Assistant Commissioner in charge of Circles, and other officers as set out in the table; exercise of these powers is subject to conditions and limitations the Commissioner may impose by order.
Action against Exclusively Listed Companies and its Promoters/Directors pending Exit Offer to the Shareholders
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Restrictions on exclusively listed companies: freeze of promoters' transfers and market access barred until exit option provided to shareholders.
SEBI requires that promoters and directors of non-compliant Exclusively Listed Companies must have all equity share transfers and corporate benefits frozen and their identities disseminated; their bank accounts/assets may be attached to compensate investors. Such promoters, directors and promoted companies are barred from raising capital in the securities market and from serving as directors of listed companies until an exit option is provided to public shareholders and certified by the Designated Stock Exchanges, with Exchanges and Depositories instructed to coordinate enforcement.
Customs - Clarification regarding exports under claim for drawback in the GST scenario
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Duty drawback self declaration replaces GST officer certificate, enabling higher drawback rates subject to audit verification.
The requirement for a certificate from the jurisdictional GST officer under Note and Condition 12A has been removed and replaced by an exporter self declaration to claim higher All Industry Rates of duty drawback; the revised Note is applicable to exports from the GST transition period and the prescribed declaration will be included in the EDI shipping bill, with exporters allowed to submit a single consolidated declaration for prior shipping bills and subject to audit verification to prevent double neutralisation of taxes.
Guidelines/Instructions for detention/lnspection report under section 68 and 129 of the HGST Act/CGST Act and Section 20 of the IGST Act, 2017.
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Detention and seizure procedure for goods in transit: inspection, inventory, show cause notice and security-based release options.
Where a conveyance intercepted during movement gives rise to suspicion, an officer may detain/seize goods, conveyance and documents, prepare an inventory, hand them to a named custodian with directions for safekeeping, and value goods at market price in the presence of the owner or person-in-charge. The officer must issue a Show Cause Notice specifying tax and penalty; after reply the officer may impose tax and penalty and release goods or accept a security for release. Failure to pay will lead to confiscation proceedings and penalty under applicable rules.
Electrical Capacitors (Quality Control) Order, 2017
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Standard Mark compliance required for electrical capacitors; manufacture or sale prohibited without valid BIS licence and conformity.
The Order mandates Standard Mark conformity for electrical capacitors listed in the Schedule and prohibits manufacture, import, storage for sale, sale or distribution of capacitors not meeting the specified Indian Standards or lacking the Standard Mark. Manufacturers must obtain a BIS licence before regular production; substandard capacitors must be destroyed within one month. Appropriate authorities may require information and samples, inspect records, enter premises and seize finished stock, with searches governed by the Criminal Procedure code. Noncompliance, concealment or refusal to furnish information attracts criminal penalties.
Margin Trading Facility- Clarification
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Margin Trading Facility funding limited to commercial paper and unsecured long term promoter or director loans, subject to compliance.
Brokers providing the Margin Trading Facility may borrow funds only by issuing commercial paper, subject to RBI guidelines, or by taking unsecured long term loans from promoters and directors, subject to Companies Act provisions; all other sources are prohibited. Stock exchanges must implement the modification to the earlier circular's borrowing condition, amend relevant rules and notify member brokers.
Leviability of Integrated Goods and Services Tax (IGST) on High Sea Sales of imported goods and point of collection thereof-reg.
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Integrated Goods and Services Tax on high sea sales is collectable only at the time of importation, covering value additions.
IGST on high sea sales of imported goods is levied only once at the time of importation when import declarations are first filed; value additions from each high sea sale are included in the value on which IGST is collected. The importer filing customs entry must produce the chain of documents (original invoice, high-seas-sale contract, service charges/commission details) to link initial and last transaction prices, and authorities may reject declared values and determine price under the Customs Valuation Rules when doubts arise.
Allocation of quantity (non-country specific) for export of sugar to USA under Tariff Rate Quota (TRQ)
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Tariff Rate Quota for refined sugar: exporters advised to secure a US applicant for first-come-first-served specialty allocations.
A non-country specific Tariff Rate Quota for refined sugar for US fiscal year 2018 allocates the WTO minimum plus an additional specialty sugar quantity, with organic and other specialty imports administered by US authorities on a first-come, first-served basis in five tranches. Due to high competition and rapid filling of specialty allocations, Indian exporters are advised to identify a US-based company to apply to the USDA to access the tariff-free quota and thus facilitate exports of specialty sugar to the USA.
Online Filing System for Alternative Investment Funds
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Online filing requirement for alternative investment funds mandates exclusive use of the Intermediary Portal for registrations and compliance filings.
Mandatory online filing requires all AIF applicants and registered funds to submit registration applications, compliance reports and requests under AIF Regulations exclusively through the designated Intermediary Portal; existing registrants must activate portal accounts and consult the portal manual or helpline for assistance.
Extending the Single Window Interface for Facilitation of Trade (SWIFT) in Exports with WCCB to all EDI locations
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Single Window Interface for Facilitation of Trade extended to enable online WCCB referrals for CITES/wildlife export NOCs nationwide.
SWIFT on the export side is extended to effect online referral of shipping bills to the Wild Life Crime Control Bureau (WCCB) for a No Objection Certificate in respect of CITES/wildlife items at all Customs EDI locations, effective 31 July 2017; referrals will apply to shipping bills filed via ICEGATE or through Service Centres and expand the prior pilot at select air cargo complexes.
Extension of date for filing of Income Tax Returns
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Aadhaar-PAN linkage requirement: temporary acceptance of Aadhaar or acknowledgement and extension of e filing deadline granted.
Taxpayers may quote Aadhaar or an acknowledgement number when filing income tax returns on the e filing portal; PAN must be linked with Aadhaar subsequently by the prescribed deadline. Returns filed using the acknowledgement will be accepted for submission but will not be processed until PAN-Aadhaar linkage is completed. A short extension of the e filing deadline has been granted to permit affected taxpayers additional time to file.
Indian Advance Pricing Agreement regime moves forward with signing of nine APAs by CBDT in July, 2017
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Advance Pricing Agreement certainty secured, offering pre-agreed transfer pricing methods and retrospective rollback relief for taxpayers.
The APA mechanism specifies transfer pricing methods and determines the Arm's Length Price for international transactions prospectively for up to five years and permits optional rollback for four preceding years, thereby extending pricing certainty for taxpayers across a range of sectors and transaction types.
Partial modification of Instruction No. 1914, dated 21-3-1996 to provide for guidelines for stay of demand at the first appeal stage.
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Stay of demand at first appeal stage: standard deposit rate increased for contested income tax demands.
Partial modification revises the administrative guideline for grant of stay of demand at the first appeal stage by increasing the standard deposit requirement of the disputed demand to a higher prescribed percentage where the demand is contested before the Commissioner of Income-tax (Appeals); all references to the former standard rate in the earlier Office Memorandum are modified accordingly while other procedural guidelines remain unchanged.
Order under Section 119 of the Income-tax Act 1961 - Linking of PAN with Aadhar
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Due-date extension for income-tax returns permits quoting Aadhaar or enrolment number; processing deferred until PAN-Aadhaar linkage.
The tax authority extends the due-date for filing returns from 31st July to 5th August, 2017 for affected taxpayers; quoting Aadhaar or an Aadhaar Enrolment Number is sufficient for filing, but formal PAN-Aadhaar linkage must be completed subsequently and returns will not be processed under the Act's processing provision until that linkage is completed.
Trade in Border Haats across the border between Bangladesh and India
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Border haat trade permits specified local goods to be exchanged by residents within a radius, via barter or local currency.
Trade in designated Border Haats between India and Bangladesh is authorised under the Foreign Trade Policy and the bilateral MOU, identifying permissible classes of goods and allowing list amendments by the Joint Committee. Vendors and purchasers must be residents within a five kilometre radius and vendor numbers are capped. Commodities may be exchanged by barter or in local currency for bona fide personal consumption subject to a specified per day local currency purchase limit, and foreign exchange regulations are suspended for transactions in the Border Haats.

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Notification for further amendment in CBEC Tariff Value Notification No. 62/2017-Customs (N.T.) dated 30.06.2017

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Tariff value amendment: importers and clearing agents must consult the updated customs notification available online for guidance.
A further amendment to the Tariff Value Notification is issued by the Department of Revenue revising the applicable tariff value schedule; importers, ... Summary

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Acts Income Tax