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Circulars
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Issue related to taxability. of 'tenancy rights' under GST.
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Taxability of tenancy rights under GST leads to levy on tenancy premium; residential tenancy exemptions apply.
Transfer of tenancy rights against a tenancy premium is a taxable supply of services under Schedule II; stamp duty and registration do not exclude such transfers from GST. Granting tenancy rights in a residential dwelling for residential use is exempt under the State notification, while surrender of tenancy rights by an outgoing tenant for a portion of the premium is taxable.
Forwarding of samples for testing to the Outside Laboratories- reg.
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Forwarding of samples for testing: additional designated external laboratories added and public notices required.
The Board expands the roster of approved outside laboratories, as identified by CRCL, for testing specified categories of customs samples and provides an annexure mapping sample types to suggested laboratories. Principal Commissioners and Commissioners of Customs must publish Public Notices to inform stakeholders of the added testing destinations, and report any implementation difficulties to the Board, thereby operationalising forwarding of samples to the designated external laboratories.
05/2018 - 17-05-2018 Companies Law
Clarification-Condonation of Delay Scheme, 2018-reg.
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DIN reactivation permitted after revival orders; CRF must be raised and overdue filings verified before activation.
Where a struck off company has been revived by an appropriate order, the Registrar shall raise a Change Requirement Form (CRF) on the portal with a copy of the revival order and e-governance shall activate the directors' DINs only after verifying that all overdue statutory documents have been filed; the Registrar must ensure those directors are not directors of any other struck off company and must scrutinise revival orders and confirm that petitions were filed during the CODS scheme validity before raising CRFs.
Clarification regarding DGFT Notification No. 4 & 5
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Import policy restriction on peas clarified: applies to all peas under the Exim Code and is prospective.
The Notice confirms that the import policy amendment applies to the entire commodity under Exim Code 07131000 - Peas (pisum sativum), including yellow, green, dun and kaspa peas - and that the restriction is not limited to yellow peas. It states that shipments with bills of lading dated prior to issuance of the Notification do not require DGFT registration, and reiterates that government policy changes apply prospectively from the notification date unless otherwise provided.
Implementation of MOU between India and Mozambique for import of pulses from Mozambique - reg.
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Certificate of Origin requirement enables NOC-based imports of pulses from Mozambique under MOU with specified procedural steps.
Imports of pigeon peas and other pulses from Mozambique under the MOU are exempt from recent 'restricted' import policy changes but are allowed only through five designated ports and subject to production of a Certificate of Origin certified by the Instituto de Cereais de Moc ambique. The issuing authority must send a scanned copy to specified DGFT e-mails; the Indian importer must submit the same scanned certificate to DGFT to obtain a No Objection Certificate, which DGFT issues after comparing the two documents to permit Customs clearance.
Compliance of provisions of the E-waste Management Rules, 2016 issued by the Ministry of Environment, Forest and Climate Change
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Extended Producer Responsibility authorization required for import of listed electrical and electronic equipment; produce CPCB authorization at import.
Importers of electrical and electronic equipment, components, consumables, parts and spares listed in Schedule I must obtain and produce an Extended Producer Responsibility Authorization from the Central Pollution Control Board when importing such items; the notice treats importers as Producers for these purposes and requires presentation of the CPCB EPR Authorization at import, with implementation issues to be reported to the issuing office.
Requirement of Redemption certificate/ EODC for EPCG Authorisations
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EPCG authorisations: submit Redemption Certificate/EODC to enable bond/BG cancellation and cargo clearance.
Holders of listed EPCG authorisations registered at JNCH Nhava Sheva must submit copies of Redemption Certificate/EODC without delay to allow bond/BG cancellation and timely clearance of consignments; submissions may be sent by email, registered/speed post or delivered in person to the EPCG Monitoring Cell. EPCG holders must also ensure installation certificates are filed within six months of import and, for authorisations not in the list, provide evidence of submission of the first block export obligation to the Joint DGFT as per S.O. 70/2016.
Modification in the procedure of the Container Movement Permission – reg.
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Container movement procedure now requires pre movement e mail intimation and bond adequacy verification before terminal release.
Removal of the prior requirement for Container Cell permission is replaced by a pre movement e mail intimation to the Assistant Commissioner, Container Cell, containing container identifiers, vessel/rotation/IGM details, a self declaration of continuity bond number, validity and balance (with break up), and destination CFS/warehouse/ICD; the same intimation must be sent to the port terminal, a written request submitted to the Container Cell by the next working day for reconciliation, and steamer agents/importers must ensure sufficient bond balance or face bond enforcement and penal action.
Increase in the validity period of Chapter 3 Scrips – clarification reg.
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Validity of Chapter 3 Duty Credit Scrips extended; applies irrespective of FTP period, revalidation generally not permitted.
Duty Credit Scrips issued on or after 01.01.2016 under Chapter 3 shall be valid for 24 months from date of issue and must be valid on the date of actual debit; revalidation is not permitted except as covered under paragraph 2.20(c) of the Handbook of Procedures. This rule applies to all Chapter 3 scrips irrespective of the Foreign Trade Policy period, and trade is advised to avail the benefit with officers treating this Public Notice as standing order.
Public Notice No.33 dated 23.10.2017 applied to all scrips under Chapter 3 of FTP.
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Scrip validity extension: Chapter three scrips now carry extended validity across FTP periods without amendment requirement.
The Directorate confirms that the amendment in Public Notice 33, which increases Chapter Three scrip validity to 24 months and is incorporated into the Handbook of Procedures 2015-20, applies to all Chapter Three scrips irrespective of the FTP policy period. Scrip holders need not approach Regional Authorities for amendments to reflect the extended validity; the change is effective by virtue of the Handbook amendment and is communicated for guidance to trade and Customs formations.
Specification of Jurisdiction of Officers of various levels of Commissioners in Customs.
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Jurisdiction of Customs Preventive Divisions updated to map CPUs, GST ranges, PIN clusters and coastal jurisdictions.
Corrigendum 4 amends Public Notice No.01/2018 to specify and reassign jurisdictional boundaries of Customs Preventive Divisions and their Customs Preventive Units in the Thiruvananthapuram Zone under the Customs Act, 1962. It identifies formation names, CPU locations, GST range areas, indicative PIN code clusters and town lists, adds narcotics units where designated, includes coastal and marine jurisdictions, and extends the Kochi CPD to administer the Union Territory of Lakshadweep including Kavaratti.
Formation of "Brand Rate Cell" in ICD Mulund for fixation of Brand Rate of Drawback under the Customs, Central Excise Duties & Service Tax Drawback Rules, 2017 in the GST scenario
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Brand rate fixation: Brand Rate Cell at ICD Mulund to process Drawback Rules applications under GST; reapplication for post-GST exports
A dedicated Brand Rate Cell has been established at ICD Mulund to fix brand rates of drawback under the Drawback Rules in the GST regime; pending central excise applications filed before the GST transition will be transferred to the Customs Commissionerate having jurisdiction over the place of export (exporter may choose among multiple export places). Post-transition exports require fresh brand rate applications as previously fixed rates do not apply; verification of application data will be done by the Customs formation having jurisdiction over the manufacturing factory, and earlier circulars apply mutatis mutandis.
Permission to M/s InterGlobe Aviation Limited, Old Terminal Building, Civil enclave, Visakhapatnam Airport-53009 .for carrying out Export Transhipment of General Cargo from APTPC bonded cargo warehouse
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Transshipment permission for air cargo enables electronic ICES movement with bond, Customs supervision and liability for shortages.
Permission authorizes M/s InterGlobe Aviation Limited to effect export and import transshipment of general cargo from APTPC bonded warehouse via electronic documentation on ICES for one year from bond acceptance, subject to Chapter VIII of the Customs Act and relevant CBEC circulars. Carriers must file IGM/EGM, use CTM/TP/ACTM, secure Customs escort and supervision, obtain destination acknowledgements to debit/re credit the transhipment bond, and comply with sealing, weight matching, register maintenance, custody instructions and proof of export requirements. A transhipment bond and bank guarantee have been furnished and the carrier is liable for shortages, duties and related charges.
Tax Deduction at Source under GST.
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Tax Deduction at Source under GST: DDOs must register with TAN but defer deductions until commencement notification.
Government drawal/disbursing officers must obtain TAN-based registration on the GST portal and be prepared to file returns, but must not deduct tax at source until the government notifies the commencement date; where deductions were already made, heads of departments must arrange refunds to suppliers and submit action taken reports.
Direction under Section 16(5) of Food Safety and Standards Act, 2006 regarding operationalisation of draft Food Safety and Standards (Import) Amendment Regulations, 2018 –reg.
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Provisional NOC for imported pre-packaged retail food enables storage transfer pending final clearance, subject to Form 13A conditions.
The amendments permit the Authorized Officer, after visual inspection and sampling, to issue a provisional no objection certificate allowing imported pre-packaged retail food consignments to be moved to a secure storage facility on the basis of an importer declaration in Form 13A. Goods must remain in that facility until final NOC is given; Customs and the food authority may inspect. The facility, formerly limited to items with shelf-life under seven days, is extended to all imported pre-packaged retail food articles, subject to compliance, possible re-export/destruction on breach, and disqualification for future use upon non-compliance.
Regarding Assessment orders under the CST Act, 1956 for the year 2013-14
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Assessment correction under Section 74B requires compliance with Rule 36B(7) and full consideration of Form 9.
Assessing authorities must reassess 2013-14 CST cases where Form 9 was not or only partly considered, or where multiple assessment orders exist, applying relevant reassessment provisions (including Section 74B) or other applicable law; they must observe Rule 36B procedures-notably Rule 36B(7)-and may call for necessary documents before exercising reassessment powers.
Non-submission of complete Appendix 4E, containing technical details, chemical reactions and data sheet for advance authorisation applications on self declaration basis under Para 4.04 and 4.07 of HBP for cases relating to NC-4
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Appendix 4E compliance requires full technical disclosure to prevent deferment of chemical advance authorisation applications.
Non-submission of complete Appendix 4E is causing deferment of advance authorisation applications for chemicals filed on a self declaration basis. Applicants must provide step wise manufacturing processes, full chemical reactions with molecular and structural formulas and weights, stage wise molar yields, material balance, solvent requirement and recovery, by product/co product details, finished product purity and standard technical literature so Regional Authorities can forward complete dossiers to the Norms Committee for time bound processing.
Clarification regarding the procedure for the recovery of arrears under existing laws and the reversal of inadmissible Input Tax Credit
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Recovery of arrears and inadmissible input tax credit clarified under the Uttarakhand GST transition framework.
Clarification is issued on the recovery of arrears arising under the existing law from assessment, adjudication, appeal, revision, rectification, and amended returns, and on the reversal or recovery of inadmissible Input Tax Credit under the Uttarakhand Goods and Services Tax regime. Recoverable VAT, Entry Tax, Luxury Tax, Entertainment Tax, tax, interest, penalty, late fee, and inadmissible transitional or erroneously availed ITC are to be treated as arrears of tax under the said Act, recorded in Form GST PMT-01, and paid through the Electronic Credit Ledger, Electronic Cash Ledger, or by cash where the assessee is unregistered.
Amendments in Handbook of Procedures 2015-20 and Appendices issued under FTP, 2015-20 - reg.
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Advance Authorisation and DFIA rules updated: issuance, export correlation, norm changes, SCOMET clearance, and documentation relaxed.
Amendments permit Regional Authorities to issue Advance Authorisations where no SION or valid ad hoc norms exist or where additional inputs are self-declared; wastage stays subject to Norms Committee decisions. Exports/deemed exports made before authorisation may be accepted if shipping bills/tax invoices reference the EDI file or authorisation number and detail exempted materials. If norms change between filing and issuance, authorisations will be proportionate to provisional exports; SCOMET clearance is required before export of SCOMET items. Documentation rules allow manual BRCs and self-attested shipping bill copies where EDI verification is unavailable.
Inclusion of GIA, Israel and GIA, Japan as authorized laboratories for certification/ grading of diamonds of 0.25 carat and above-reg.
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Authorized laboratory recognition expanded to include additional GIA branches for certification of diamonds under export procedures.
Two branches of the Gemological Institute of America are added to paragraph 4.74 of the Handbook of Procedures (2015-2020) as authorized laboratories for certification and grading of diamonds of 0.25 carat and above, by Public Notice No. 8/2015-2020 issued by the Director General of Foreign Trade under powers conferred by Paragraph 1.03 of the Foreign Trade Policy 2015-2020.

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Refund Clearance Fortnight starting from 31st May, 2018 to 14th June, 2018 for clearance of refund application filed up to 30th April, 2018

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GST refund clearance: special fortnight drive to process pending claims; submit hardcopy and comply with deficiency memos promptly.
A targeted GST refund clearance drive will run from 31 May to 14 June 2018 to process refund applications filed up to 30 April 2018; all Divisions and ... Summary

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Acts Income Tax