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Collection of tax at source by Tea Board of India.
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Tax collection at source requires Tea Board to collect TCS from sellers and auctioneers under GST.
The Tea Board, as operator of an electronic auction platform using an escrow mechanism, must collect Tax Collected at Source (TCS) separately: from sellers (tea producers) on the net value of supply of goods (tea) and from auctioneers on the net value of supply of services (brokerage).
Collection of tax at source by Tea Board of India
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Collection of tax at source: Trade notice directs dissemination of CBIC Circular on Tea Board TCS requirements to industry.
The Trade Notice draws attention to a GST Policy Circular concerning collection of tax at source by the Tea Board, identifies the issuing revenue wing and directs trade, industry associations and the public to bring the Circular's contents to the notice of their members as an administrative advisory on TCS compliance.
Scope of principal and agent relationship under Schedule I of CGST Act, 2017 in the context of del-credere agent
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Principal-agent relationship under Schedule I clarified for del-credere agents; regulatory guidance issued for GST treatment.
The guidance clarifies principal-agent relationship treatment for del-credere agents, explaining when agent actions are attributable to the principal for GST purposes versus when the agent's conduct amounts to independent supplies; it highlights the del-credere guarantee function and the resulting tax classification, and directs dissemination of the CBIC circular to trade for consistent compliance.
Procedure for a Pilot on Transhipment of Export Cargo from Bangladesh to Third countries through Land Customs Stations (LCSs) to Kolkata Port/Airport, in containers or closed bodied trucks
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Transhipment of export cargo via LCSs to Kolkata requires Bill of Transhipment, ECTS sealing, and a transhipment bond.
The pilot permits transhipment of containerised or closed body export cargo from designated Bangladesh entry LCSs to Kolkata Port/Air Cargo Complex (and by rail to Nhava Sheva), requiring a Bill of Transhipment filed by the shipping line/airline or authorised representative, sealing with an ECTS seal (seal number declared), and a Transhipment Bond equal to twice the goods' value; customs supervision governs transfer or onward carriage, ECTS trip reports enable bond cancellation or credit, and unauthorized unsealing must be reported to customs supervisors.
Extension of rectification facility for IGST Export Refunds through Officer Interface upto 15.11.2018 and introduction of Refund through Refund mechanism for Short paid IGST
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IGST export refunds: rectification facility extended to shipping bills filed up to 15.11.2018 via officer interface.
The rectification procedure for IGST export refunds is extended to Shipping Bills filed up to 15.11.2018. CBIC has enabled an Officer Interface in ICES to process and sanction eligible differential IGST refunds arising from incorrect IGST declaration, omitted or non transmitted Compensation Cess, or typographical errors. Eligible exporters must submit a duly filed and signed Revised Refund Request (RRR) to the designated Deputy/Assistant Commissioner; only scrolled Shipping Bills qualify and the facility is usable once per Shipping Bill, after which a fresh scroll for the differential amount will be generated upon officer approval.
Pecuniary limits for the category of proper officers
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Pecuniary limits for GST officers set jurisdictional thresholds, allocating show cause and assessment powers under sections 73 and 74.
The Commissioner exercises statutory authority to fix pecuniary limits allocating jurisdiction to designated proper officers for issuance of show-cause notices and for assessment, including determination of tax under the Act's specified provisions; a two-entry table assigns lower-cadre jurisdiction up to a turnover threshold and higher-cadre jurisdiction beyond that threshold, superseding an earlier office order.
Extension of the validity period of EPCG Authorisation-reg.
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EPCG authorisation validity extended; existing authorisations to be endorsed by RA without fee to reflect longer term.
The validity period of EPCG Authorisation is fixed at 24 months from the date of issue under the Handbook of Procedures amendment. Authorisations issued prior to the Public Notice whose validity had not yet expired are eligible for extension to the new term upon submission to the concerned Regional Authority, which must endorse the authorisation without charging any fee.
Observations and concerns regarding Electronic seals used on Export Containers
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Electronic seal non-compliance: RFID e-seals from specified vendors barred and containers subject to risk selection and redirection.
Requests to permit use of specified RFID e-seals are refused because they fail security requirements; export containers sealed with those e-seals will be treated as RMS picked and redirected to a Container Freight Station for completion of customs formalities.
Circular to clarify the procedure in respect of return of time expired drugs or medicines
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Return of time expired goods: options to treat returns as fresh supplies or by credit note, affecting input tax credit entitlement.
Return of time-expired pharmaceutical goods may be treated either as a fresh supply-where a registered non-composition taxpayer issues an invoice and the recipient may claim Input Tax Credit subject to Section 16, or as a return effected by issuance of a credit note under section 34, with tax adjustment available only if the credit note is issued within the statutory time limit and the recipient has not availed or has reversed ITC. Destruction of returned goods requires reversal of ITC under clause (h) of sub section (5) of section 17, applied to the ITC claimed on the return transaction or attributable to manufacture as appropriate.
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 persons must reflect eligible input tax credit, affecting registration deposit requirements.
Advance tax for registration as a casual taxable person must be calculated on the estimated net tax liability after accounting for eligible Input Tax Credit. Persons operating long exhibitions beyond the permissible CTP period must register as normal taxable persons using allotment/consent letters as proof and need not pay casual-person advance tax at that registration. Where an Input Service Distributor distributes excess credit contrary to provisions, the excess plus interest and penalty is recoverable from recipient units; recipients may voluntarily deposit via FORM GST DRC-03, otherwise recovery proceedings may be initiated and FORM GST DRC-07 used, and the ISD attracts general penalty provisions.
Clarification on certain issues related to refund.
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Refund of IGST on exports: EPCG recipients may claim refunds while portal rules govern rectified applications under original ARNs.
When a deficiency memo in FORM GST RFD-03 is issued, taxpayers must submit the rectified refund application under the original ARN because the portal currently disallows filing a fresh application; accordingly, re-crediting the electronic credit ledger using FORM GST RFD-01B is not required at this time. Amendments permit exporters receiving capital goods under the EPCG Scheme to claim refund of IGST on exports, while import-based eligibility under certain customs notifications remains limited prospectively as set out by the subsequent state notification.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of registration: procedural requirements and final return obligations govern post deregistration tax liabilities and reversals.
Applications for cancellation of registration in FORM GST REG-16 are permitted for specified events; the portal mandates contact, reason, effective date, stock and tax details, transfer particulars and last return ARN. Proper officers must accept complete applications and issue FORM GST REG-19 within 30 days, except where incomplete or where the transferee is unregistered; in those cases a seven working day query and opportunity to be heard are required. Cancellation does not affect liabilities: a final return in FORM GSTR-10 must be filed and input tax credit or output tax on stock debited as required, with notice and assessment consequences for non compliance.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of GST registration: portal filing, officer acceptance rules, and final return plus tax reversal obligations.
Applications for cancellation in FORM GST REG-16 must include correspondence details, reason, effective date sought, stock and tax particulars, transfer particulars and last return ARN. Proper officers should accept complete applications and issue FORM GST REG-19 within 30 days with the effective date claimed; incomplete applications or transfers to unregistered transferees must be queried with seven working days to reply and given an opportunity to be heard before rejection. Cancellation does not affect existing liabilities and taxpayers must file final return FORM GSTR-10 and debit electronic credit/cash ledgers for tax on stock or reverse input credit as required.
Disclosures regarding commodity risks by listed entities
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Commodity risk disclosure required for listed entities; standardised annexure format mandated for annual corporate governance reports.
Listed entities must disclose commodity price risk and hedging activities in the Corporate Governance Report of the annual report using the detailed annexure-format prescribed by the regulator. The mandated format and periodicity are intended to show the commodity risks faced, management of those risks, and the company's hedging policy. Recognised stock exchanges are to disseminate the circular to ensure consistent implementation.
Implementation of PGA eSANCHIT - Paperless Processing under SWIFT - Uploading of Licenses / Permits / Certificates / Other Authorisations (LPCOs) by PGAs
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Paperless LPCO uploads require ICEGATE registration and IRN tagging, enabling PGAs' digital licences for customs clearance.
PGAs must upload digitally signed Licenses, Permits, Certificates and Other Authorisations (LPCOs) on eSANCHIT; beneficiaries must register on ICEGATE to receive the Image Reference Number (IRN) for each uploaded LPCO, which must be tagged to the Bill of Entry or Shipping Bill for customs clearance. PGAs should upload LPCOs issued in the prior 15 days and may upload earlier unutilised LPCOs. Amended LPCOs must be re-uploaded with a new IRN, and beneficiaries may amend filed Bills at the Service Centre to tag an IRN if not initially linked.
Implementation of PGA e-SANCHIT- Paperless Processing under SWIFT- Uploading of Licences/Permits/Certificates/Other Authorizations (LPCOs) by PGAs
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PGA e SANCHIT LPCO uploads require ICEGATE registration to link IRNs to customs entries for paperless clearance.
PGAs will upload digitally signed Licences, Permits, Certificates and Other Authorizations on e SANCHIT and generate a unique Image Reference Number (IRN) for each LPCO; beneficiaries must register on ICEGATE to enable linkage of the IRN to their IEC/GSTN and email, and must tag the IRN to the Bill of Entry or Shipping Bill so customs officers can view the LPCO as a supporting document. Amended LPCOs require reupload with a new IRN and corresponding amendment of the BE/SB; untagged IRNs may be linked by beneficiaries through a Service Centre amendment.
Implementation of PGA eSANCHIT — Paperless Processing under SWIFT- Uploading of Licence/Permits/Certificates/Other Authorizations (LPCOs) by PGAs
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PGA Uploading of LPCOs enables paperless customs clearance by issuing IRNs for beneficiaries to link to entries.
PGA eSANCHIT requires PGAs to upload digitally signed LPCOs onto eSANCHIT so Customs can view them as Supporting Documents tagged to Bills of Entry/Shipping Bills. Beneficiaries must register on ICEGATE to enable POAs to link LPCOs to their IEC/GSTN and email ID. An uploaded LPCO yields a unique Image Reference Number (IRN) which the beneficiary must tag to the relevant Bill of Entry/Shipping Bill; amended LPCOs must be re uploaded with the new IRN used in any consequential amendment. Beneficiaries may request service centre amendments to tag IRNs after filing.
Implementation of PGA eSANCHlT Paperless Processing under SWIFT - Uploading of Licenses/ Permits/ Certificates/ Other Authorizations (LPCOs) by PGAs
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Digitally signed LPCO uploads let PGAs issue IRNs so beneficiaries can link permits to customs filings.
PGAs must upload digitally signed Licences/Permits/Certificates/Other Authorizations (LPCOs) on eSANCHlT; beneficiaries cannot upload these documents. PGAs should upload LPCOs issued in the prior fifteen days and unutilised earlier LPCOs. Beneficiaries must register on ICEGATE so PGAs can link LPCOs to IEC/GSTN/email and issue an Image Reference Number (IRN). The IRN is used to tag LPCOs to the Bill of Entry/Shipping Bill; amended LPCOs require re-upload and a new IRN for consequent amendments. Untagged IRNs may be linked by beneficiaries through amendment at the Service Centre.
Amendments in Para 2.79A and 2.79B of Handbook of Procedures for issue of export authorization for "Stock and Sale" of SCOMET items.
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Stock and Sale authorisations for SCOMET now permit post-reporting transfers and pre-approved re-exports to specified countries.
Amendments allow Indian principal companies or wholly owned subsidiaries to export eligible SCOMET items to affiliated foreign "stockists" on the basis of an End Use Certificate and corporate relationship proof, with IMWG granting authorisations for initial export and in-principle re-export approval to specified countries. Transfers from the stockist to end users within the same country and re-exports to IMWG-approved countries do not need separate prior authorisation but require post-reporting and are subject to the stockist country's export controls; re-exports to other countries require separate DGFT application with end-user certificates and supporting documentation for IMWG verification.
Amendment in Para 2.54 of the Handbook of Procedures, 2015-2020
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Radiation portal monitor installation requirement extended; non compliant ports risk derecognition for un shredded scrap imports.
Designated sea ports are permitted to import un shredded metallic scrap until the extended deadline provided they install and operationalize Radiation Portal Monitors and Container Scanners; ports failing to meet the requirement by the deadline will be derecognised for import of un shredded metallic scrap.

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Scheme for Rebate of State and Central Taxes and Levies on export of garments and made-ups (RoSCTL)

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Rebate scheme transition: new RoSCTL replaces prior RoSL and converts claims into duty credit scrips.
The Ministry of Textiles has established the RoSCTL scheme effective 7 March 2019, replacing the prior RoSL scheme for garments and made-ups; RoSL claims ... Summary

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Acts Income Tax