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Circulars
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Filing of online return for 3rd quarter of 2016-17 — extension of period thereof
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Extension of filing deadline for third-quarter VAT returns; online filing allowed and digital-signature filers need not submit hard copy.
The Commissioner, under Rule 49A, extends the last date for filing third-quarter online or hard-copy VAT returns in Forms DVAT-16, DVAT-17 and DVAT-48 to 13/02/2017; tax payment obligations remain unchanged and dealers filing with digital signatures need not submit the hard copy/Form DVAT-56.
Prohibition on Indian Party from making direct investment in countries identified by the Financial Action Task Force (FATF) as “Non Co-operative countries and territories”
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Prohibition on direct overseas investment bars investments into FATF non-cooperative jurisdictions, with banks required to notify clients under FEMA.
Indian parties are prohibited from making direct overseas investments-whether as joint ventures, wholly owned subsidiaries, or step down subsidiaries-in jurisdictions identified by the FATF as non co operative countries and territories, as per the FATF list or RBI notification; this prohibition is implemented by amendment to the FEMA notification, Authorised Dealer Category I banks must inform constituents, and Master Directions will be updated, with the directions issued under FEMA without prejudice to other statutory permissions.
Dedicated structure for delivery and monitoring of Tax Payer Services in the Income Tax Department
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Taxpayer services vertical established: two directorates for grievance oversight and e-service delivery with field accountability.
A centralised order creates a dedicated Tax Payer Services vertical in the CBDT by re-designating Member (Revenue) as Member (Revenue and Tax Payer Services) and Principal DGIT (Administration) to include Tax Payer Services, and by establishing two headquarters Directorates-TPS-I and TPS-II-responsible respectively for grievance oversight, Aayakar Seva Kendra supervision, reporting and Citizens' Charter review, and for education, delivery and grievance handling of e-services, coordination with Systems/CPC units, feedback for digital services, and quarterly reporting; field-level officers are re-designated to ensure time-bound delivery and escalation.
Corrigendum to Circular No. 1/2017 dated 02.01.2017 on TDS under section 192 of Income-tax Act, 1961
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TDS compliance deadlines updated: filing schedule for Form 24Q and retention and withholding provisions amended.
Corrigendum amends the Circular on TDS under Section 192 by changing the retention period in para 3.6.1 clause (a) from three years to five years, revising the Table in para 4.9.1 to set quarterly Form 24Q due dates (31 July, 31 October, 31 January, 31 May of the following financial year) with a reference to a prior notification, and increasing the monetary figure in para 5.5.10 clause (d) to a higher specified amount.
Transfer of unlisted shares by SEBI registered Category I & Il Alternative Investment Funds- directions
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Taxation of unlisted share transfers: transfers by SEBI-registered Category I and II AIFs taxed as capital gains despite control exception.
Income from transfer of unlisted shares shall be treated as Capital Gains irrespective of holding period. The exception for transfers involving transfer of control and management of the underlying business will not apply to transfers made by SEBI-registered Category I and Category II Alternative Investment Funds; such transfers by these AIFs are to be taxed as capital gains and this clarification is to be applied by tax officers for compliance.
Guiding Principles for determination of Place of Effective Management (POEM) of a Company
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Place of Effective Management governs corporate residence; active business abroad and real control determine tax residency.
The Place of Effective Management (POEM) defines corporate residence by locating where key management and commercial decisions are substantially made. Companies engaged in active business outside India satisfy a multi-limb test on passive income, asset location, employee distribution and payroll; if satisfied and majority board meetings occur abroad, POEM is presumed outside India unless management powers are exercised from India. Where the active-business test fails, POEM is determined by identifying who actually makes key decisions and where those decisions are made, with emphasis on substance over form and consideration of head office, delegation, technology, and shareholder influence.
Launch of Indian Customs EDI System- (ICES .5) for Imports and Exports, at JSW Jaigarh Port (INJGD1), Ratnagiri - 415612 - reg.
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Indian Customs EDI launch at JSW Jaigarh Port enables electronic filing and automated processing of import/export declarations.
ICES 1.5 is launched at JSW Jaigarh Port to require electronic filing of Bills of Entry and Shipping Bills via ICEGATE or service centres; prerequisites include IE Code, broker and licence registration. The system validates declarations, applies exchange rates and codes, assigns B/Es to Appraising Groups, supports self assessment, RMS facilitation, first/second check assessments, concurrent audit, and prints assessed B/E with TR 6 for duty payment. Centralised registration and automatic debiting of DGFT licences, DEPB, EPCG, bonds/BGs, and bond-ledger management are mandatory before goods registration and out of charge.
Centralised processing of refund claims of Group 7 of Export Commissionerate by Centralised Refund Section (CRC-II)
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Centralised refund processing consolidates Group 7 export refund claims under dedicated CRC units for valuation and guarantee oversight.
Centralised refund processing for Group 7 of the Export Commissionerate is assigned to the Centralised Refund Section (CRC) with two units: CRC-I to process general refunds excluding SAD and certain export duty-drawback refunds; and CRC-II to process specified export duty-drawback refunds, SVC matters, reassessment and finalization of Bills of Export for SVB cases, and monitoring of bank guarantees. All Group 7 refund claims arising from provisional assessment finalization, excess duty paid, or other refundable events will be dealt with centrally by the CRC, while SAD refunds for the Air Cargo Complex remain with the General Commissionerate's Refund Section.
Measures for reducing litigation- Clarification on Circulars 21/2015 and 8/2016
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Appeal filing criteria: contest adverse tax judgments on merits, avoid mechanical appeals and withdraw violative filings.
Appeals and SLPs should generally not be filed where the tax effect is below prescribed monetary thresholds, and an appeal must not be filed merely because the tax effect exceeds those thresholds. Paragraph 8 identifies limited categories - constitutional validity challenges, findings that Board instruments are illegal or ultra vires, accepted Revenue Audit objections, and additions for undisclosed foreign assets - where adverse judgments should be contested on merits; this direction is intended to prevent mechanical filing, and appeals filed in violation may be withdrawn.
Implementation of Risk Management System (RMS) in Exports-reg.
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Risk Management System for exports to automate Shipping Bill selection, LEO facilitation, assessment and post clearance audit processes.
A Risk Management System (RMS) for exports will process Shipping Bills in the Indian Customs EDI System to determine whether bills receive a Let Export Order (LEO) or are selected for verification of self-assessment, examination or assessment by the Export Appraising Section. RMS outputs and associated appraisal/examination instructions are to be followed by officers. The RMS incorporates Compulsory Compliance Requirements (CCRs) from allied Acts, requires exporters/CHAs to submit prescribed documents at goods registration, and will be extended to include Post Clearance Audit (PCA) in a subsequent phase.
Implementation of Risk Management System (RMS) in Imports at ICD Borkhedi – Regarding.
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Risk Management System enabling automated clearance of compliant self assessed import consignments with targeted assessment and PCA.
Implementation of a Risk Management System (RMS) at ICD Borkhedi will enable system processing of electronic Bills of Entry and IGMs via ICES/ICEGATE to permit Out of Charge for compliant, self assessed consignments without officer assessment or examination, while routing selected B/Es for appraisal, examination or Post Clearance Audit based on risk criteria, random selection or intelligence. The RMS integrates facilitation for Authorized Economic Operator importers, provides system driven duty/challan and bond debits, prints Compulsory Compliance Requirements and allied act documentation lists on B/Es, and replaces concurrent audit with Post Clearance Audit.
Fair and transparent access to data feeds of the stock exchanges
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Fair and transparent market data access mandated, requiring monitoring, load management and clear disclosures to all market participants.
Exchanges must adopt a comprehensive policy ensuring fair and transparent market data dissemination, deploy monitoring tools to measure service quality, and implement mechanisms like load balancers and randomizers to maintain consistent response times for all participants; communications must clearly disclose technology features and risks, especially for colocation users. Exchanges must ensure synchronization of system clocks across servers and related systems using suitable mechanisms, amend governing rules as needed, notify brokers and publish the provisions, and report implementation status to the regulator under its investor-protection and market-regulation powers.
Criteria for Eligibility, Retention and re-introduction of derivative contracts on Commodities
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Commodity derivatives eligibility criteria require template based suitability assessment and a turnover based retention regime before reintroduction.
A structured eligibility framework requires exchanges to assess commodity derivative proposals using a weighted template covering Commodity Fundamentals, Trade Factors, Ease of Doing Business and Risk Management. Exchanges must apply the template to new and existing contracts, submit analyses to the regulator, and adopt numerical weightages for product design. Retention and re introduction rules impose a minimum annual turnover criterion with a three year gestation period and a mandatory moratorium before reconsideration or re launch following ineligibility or suspension.
All Industry Rate of Duty Drawback changes
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All Industry Rate of Duty Drawback updated, altering drawback calculation and conditions for exporters and customs compliance.
Circular No. 02/2017 Customs (dated 13 01 2017) amends the All Industry Rate of Duty Drawback and revises Notes and Conditions No. 3(ii) of AIR Notification No. 131/2016 Cus (N.T.), with those changes effective from 15 01 2017; the Principal Commissioner of Customs, Visakhapatnam, has issued the circular to customs officers, importers, exporters and brokers and enclosed Notification No. 03/2017 Customs for guidance, requesting that implementation difficulties be reported to the customs office.
CBDT kept the Clarifications on Indirect Transfer provisions under the Income Tax Act. 1961 in abeyance for the time being
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Indirect transfer provisions kept in abeyance pending resolution of multiple taxation concerns raised by stakeholders.
Circular No.41/2016 on Indirect Transfer Provisions was met with representations from FPIs, FIIs, VCFs and other stakeholders alleging potential multiple taxation of the same income; those representations are under consideration and, pending a decision, operation of the Circular has been kept in abeyance.
Explanatory Notes to the Provisions of the Finance Act, 2016
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Equalisation levy on specified digital services introduced as a final withholding to tax nonresident suppliers.
The Finance Act, 2016 revises direct tax rates and withholding rules; phases in POEM residence with a transition chapter for first time resident foreign companies; implements BEPS style master file and Country by Country reporting with penalties; introduces sectoral tax measures including exemptions for strategic oil storage, DDT exemption for SPV distributions to business trusts, a new securitisation trust regime, start up and patent incentives, and phased out investment deductions; creates an exit tax for charities converting to non charitable entities; tightens penalty and compliance frameworks including electronic data processing; and establishes the Direct Tax Dispute Resolution Scheme and an Equalisation Levy on specified digital services.
Launch of Indian Customs EDI System- (ICES 1.5) for Imports and Exports, at BHAVNAGAR PORT (INBHU1), BHAVNAGAR - reg.
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Bhavnagar Port launch: ICES 1.5 enables electronic filing and automated customs processing for imports and exports.
ICES 1.5 at Bhavnagar Port mandates electronic filing and processing of Bills of Entry and Shipping Bills, with pre registration of IE Codes, Customs Brokers, shipping agents and DGFT licenses in ICES/ICEGATE. Self assessment is completed when a BE/SB number is generated; ICES validates directories, converts currency, computes duty and assigns cases to Appraising Groups. The system workflow covers first/second check examinations, query handling, concurrent audit, RMS triage, payments via TR 6/e payment, and centralized Bond and license ledgering for exemptions and debits. Digital signatures, service centre and remote filing procedures and service charges are prescribed.
GST — Migration of existing Central Excise and Service Tax assessee to GST
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GST migration requires provisional ID from GSTN via ACES, completion on GSTN portal, ARN issuance and provisional certificate.
GSTN will generate provisional IDs for assessees with a valid PAN and send them to CBEC; CBEC will publish the provisional ID and password on the ACES portal. Assessees must use these credentials to log into the GSTN portal, complete details, upload documents, receive an ARN, and on the GST roll out date be migrated and issued a Provisional Certificate. Registrations without a valid PAN must update PAN on ACES before migration; certain fields will be non editable and submitted data will be verified by tax authorities.
Combined Annual Return Form for Central Excise and Service Tax
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Annual return requirement suspended pending GST implementation; annual returns for non-GST goods may be required thereafter.
Central Board amendments replaced Central Excise Forms ER-4 to ER-7 with a consolidated Annual Return under Central Excise, CENVAT Credit and Service Tax rules, originally requiring filing by 30 November; a Board circular deferred filing for the specified year due to impending GST implementation and stated that post-GST an annual return may be required for non-GST goods. Trade associations are asked to publicize the change and report implementation difficulties to local offices.
Migration of existing central excise /service Tax registrant to GST - Procedure to be followed
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Provisional registration for existing excise/service taxpayers will be issued on PAN and communicated for migration to GSTN.
Existing Central Excise and Service Tax registrants with a valid PAN will receive provisional registration under GST; GSTN will generate provisional IDs and passwords and communicate them securely via the ACES portal. The Directorate General of Systems has arranged secure transmission, and the Commissionerate has nominated nodal officers to assist taxpayers; trade is requested to utilise these services for migration to GSTN.

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Circulars

INDIRECT TAX DISPUTE RESOLUTION SCHEME. 2016

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Indirect Tax Dispute Resolution Scheme allows appellants to settle disputed duties by declaration, payment and obtain immunity.
The Scheme allows appellants pending before the Commissioner (Appeals) as on 1 March 2016 to file a declaration to a designated authority by 31 December ... Summary

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Acts Income Tax