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Circulars
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Chapter VI-A deduction on enhanced profits
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Chapter VI-A deduction on enhanced profits permitted where business-related disallowances increase taxable profits, deduction admissible accordingly.
Chapter VI-A deductions are to be allowed on profits increased by business-related disallowances; disallowances arising from TDS non-compliance, payment-related or other specific disallowances that pertain to the eligible business increase taxable profits, and deduction under Chapter VI-A is admissible on those enhanced profits. The Board directs that appeals opposing this position should not be filed and existing appeals on this ground may be withdrawn or not pressed.
Enhanced Standards for Credit Rating Agencies (CRAs)
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Enhanced Standards for Credit Rating Agencies: mandating disclosure, governance, standardized press releases and strengthened internal audit processes.
SEBI prescribes enhanced standards for Credit Rating Agencies requiring an Operations Manual with detailed rating criteria and processes, mandatory public disclosure and website publication of criteria and policy changes with hyperlinks to prior versions, standardized press releases and rating histories, rules for analyst accountability, defined rating committee governance and minutes, policies for issuer non-cooperation with specified press release content and labelling, and strengthened internal audit eligibility, rotation, scope and reporting with prescribed corrective-action reporting to SEBI.
Need for passing of quality orders by Commissioners (Appeals) - Regarding
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Quality administrative orders: Commissioners (Appeals) must issue judicious, legally defensible orders to reduce unnecessary appeals.
Commissioners (Appeals) exercising quasi judicial functions must prioritise legally sound, judicious orders over routine volume based disposal; avoiding frivolous or pro revenue findings where legal points are settled will reduce reversals on appeal and support the National Litigation Policy objective of curbing unnecessary litigation.
Issuance of Manual Cheque for Drawback in case Amount Not Deposited in Exporter's Account due to errors- reg.
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Drawback manual cheque issuance requires banker-attested exporter request and bank confirmation before combined cheque disbursement.
When SBI returns drawback amounts due to exporter account discrepancies, exporters must submit a banker-attested request or authority letter (original retained) stating the exact reason and a banker's confirmation of non-acceptance; reasons and corrections will be endorsed on the exporter's copy. The Assistant/Deputy Commissioner (Drawback) will bundle authenticated cases and issue a combined manual cheque to the bank for disbursement.
Procedure for transhipment of imported goods to SEZ Units -Reg.
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Transhipment procedure for SEZ consignments shifts to electronic EDI integration, eliminating manual endorsements and transhipment bonds.
Integration of SEZ Online with Customs EDI mandates automatic IGM data transfer to Bills of Entry; ICES will generate a Transhipment Permit with a TP number on approval, endorse container particulars, and require an Equipment Interchange Receipt and inspector verification of seal and container numbers before release. Manual quintuplicate endorsements and Transhipment Bonds are dispensed with. Release and warehousing events are communicated electronically between ICES and SEZ Online, and on receipt of Goods Receipt messages ICES will close IGM lines for SEZ cargo.
Duty Drawback – revised procedure for drawal of samples for the purpose of grant of drawback
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Duty drawback sampling procedures updated; factory-stuffed samples required above monetary threshold, submitted with export documents.
Central Excise Authorities must draw samples at factory stuffing for shipments where admissibility of drawback cannot be visually decided and the drawback exceeds the prescribed monetary threshold; samples are to be submitted to Customs with export documents, recorded by the registering officer in the system and forwarded to the laboratory. For 100% cotton knitwear, routine per-consignment sampling is unnecessary if visual inspection suffices; sampling may occur at random intervals or when doubt or specific information exists.
Launch of Income Tax Business Application (ITBA) - Investigation Module Phase 2
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Investigation Module registration enables electronic allocation, reporting and assessment-unit referral, streamlining investigation oversight.
Phase 2 of the ITBA Investigation Module adds electronic recording and upload of offline Excel utilities for pending TEPs, STRs and other investigations, role-based registration and hierarchical allocation of cases from DGIT/PDIT to Investigating Officers, and structured report submissions (Preliminary, Interim, Part Final and Final). Part Final and Final Reports create pendency for Assessing Officers for action under section 148 or section 143(2). The release also enables multiple strong room management including deemed seizure recording under the second proviso to section 132(1), and requires name based departmental email IDs and RSA tokens for access.
Amendment to Instruction No. 9 regarding Procedure for Reimbursement of Duty (ROD) in lieu of drawback for supply of goods to SEZ Developers against Indian Rupees
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Drawback disclaimer requirement clarified: certificate required when CENVAT not availed; not required when CENVAT availed.
The amendment substitutes paragraph 2(iii)(e) of Instruction No. 9 to require a disclaimer certificate when a developer claims drawback under Column A All Industry Rate because CENVAT facility has not been availed, and to state that no disclaimer certificate is required when a developer claims under Column B All Industry Rate because CENVAT facility has been availed.
All Industry Rates of Drawback and other Drawback related changes -reg.
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All Industry Rates of drawback revised, altering tariff coverage and provisional claim procedures for export incentive eligibility.
Revision of All Industry Rates (AIRs) of Drawback effective 15 November 2016 revises tariff coverage, creates separate tariff lines for better product differentiation, converts certain items to composite rates, and reduces residuary customs rates. It prescribes alternative AIR suffixes for garment exports under Special Advance Authorization, aligns provisional drawback payments with the customs component of AIR subject to existing claim conditions, and deletes the sub rule that imposed a minimum monetary threshold for AIR or Brand Rate drawback. Administrative safeguards and trade facilitation measures are directed to prevent misuse and invite submissions for review of residuary rates.
Interest on delayed refunds of deposits– reg.
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Interest on delayed refunds not payable on customs security or project import deposits; applies to duty and drawback refunds.
Clarifies that interest for delayed refunds under the Customs framework applies to duty and drawback refunds but is not payable on refunds of deposits such as security deposits or project import deposits; reiterates that refund claims must be finalised promptly, normally settled at the Assistant Commissioner level, with speedy pre audit and cheque issuance.
Minutes of Public Grievance Committee(PGC) Meeting held on 14th Oct. 2016 at 11 :30 hrs at Kendriya Utpad Shulk Bhawan. 36-37. Sector-32. Gurgaon
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Service tax exemption on job work: whether job workers must claim exemption and whether principals may take credit.
Whether job workers must compulsorily avail the service tax exemption under Notification No.25/2012 ST and whether service tax charged by job workers is admissible as cenvat credit to the principal manufacturer were discussed. Trade argued the exemption is conditional and optional and that service tax paid should be creditable; field officers maintained the exemption applies to intermediate processes and job workers cannot charge service tax. The Chairman indicated that exemption applies where principal clears on payment of excise duty and that credit would be available if service tax is charged; Board consideration is pending.
Filing of online return for second quarter of 2016-17— extension of period thereof
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Extension of filing deadline: online and hard copy VAT returns allowed; tax payment obligations remain unchanged and digital filers exempted from hard copy submission.
The Commissioner extended the filing deadline for second quarter VAT returns in Form DVAT-16, DVAT-17 and DVAT-48 under Rule 49A to a later date, while maintaining that tax liabilities must be paid in the usual manner under the VAT statute; filers using digital signatures are not required to submit a hard copy of the return/Form DVAT-56.
Transferability of goods imported/procured by debiting duty in SFIS scrips– reg.
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Transferability of SFIS imported goods: sale allowed after three years, with exceptions and export conditions subject to restrictions.
Goods imported or procured using SFIS scrips under FTP 2009 14 may be sold or transferred after three years from clearance per Department of Commerce Notification No. 30. Requests for transfers of goods under FTP 2004 09 will be considered by DGFT on merits under para 2.5, in line with judicial guidance. Consumables, including food and alcoholic beverages, are non transferable even after three years. DGFT may permit export sale any time after import/procurement provided no incentive, rebate, refund, drawback or re credit is claimed and any return to India is treated as fresh import.
Implementation of Document Management System at ICD Mulund. -Reg.
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Document Management System implementation requires mandatory digital coupon attachment for customs dockets, altering fee collection procedures.
A Document Management System at ICD Mulund will store Bills of Entry, Shipping Bills and related documents electronically and physically; M/s Newgen Software Technology Ltd implemented the system and it began functioning on 18.10.2016. The Service Centre will collect a docket charge via coupons, issuing two coupon sets (normal documentation and DMS). Stakeholders must attach the EDI copy of the coupon to Bills of Entry and Shipping Bills when handing over dossiers after LEO/Out Charge; this is mandatory for all dockets.
Online Transmission and processing of Chaptter 3 Reward scheme Licenses/Scrips/(SEIS) issued by the DGFT- regarding
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Online transmission of SEIS scrips integrates with customs EDI, removing manual registration and restricting manual debits.
SEIS scrips will be transmitted online and integrated with Customs EDI (ICES 1.5), eliminating the need for manual feeding at the port. Exporters and customs brokers must verify each scrip once at port registration; thereafter scrips will be available for all India use. Further manual debits should not be made; any manual debit made prior to integration or verification must be recorded in the EDI ledger and on the hardcopy scrip and brought to the concerned officer for entry on the system within ten days. Report implementation issues to the System Manager.
External Commercial Borrowings (ECB) by Startups
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External Commercial Borrowings by startups: permitted under ECB framework with eligibility, lender standards, permitted instruments, and an annual cap.
Startups recognised by the Central Government may raise ECBs with minimum average maturity of three years from recognised lenders resident in FATF or FATF-style regional body jurisdictions, excluding specified overseas Indian bank entities. Borrowings may be loans or certain preference shares, denominated in freely convertible currencies or INR (with INR mobilisation via AD Category-I banks), subject to an annual per-Startup cap, mutually agreed all-in-cost, permissible end-uses, conversion to equity under foreign investment rules, borrower-determined security subject to FDI norms, and hedging options for INR exposure; most ECB framework provisions apply except leverage and ECB-liability:equity ratios.
12/2016 - 27-10-2016 Companies Law
Relaxation of additional Fees and extension of last date of in filing AOC-4, AOC-4 (XBRL), AOC-4 (CFS) and MGT-7 e-forms under the Companies Act, 2013-regarding
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Extension of filing deadline for AOC 4 and MGT 7: permitted without additional fees until the prescribed extended date.
The Ministry directed that financial statements and annual returns filed through e forms AOC 4, AOC 4 (XBRL), AOC 4 (CFS) and MGT 7 may be submitted without payment of additional fee until 29 November 2016, extending earlier relief in response to stakeholder requests.
Deferred Payment Protocols dated April 30, 1981 and December 23, 1985 between Government of India and erstwhile USSR
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Special Currency Basket valuation revised; banks must apply the updated rupee conversion for deferred payment obligations.
Revision of the rupee valuation of the Special Currency Basket for settlement under the Deferred Payment Protocols is announced; Authorised Dealer Category I banks are notified to apply the revised valuation with effect from the circular's effective date. The Directions are issued under FEMA sections 10(4) and 11(1) and are without prejudice to other permissions or approvals, and banks must communicate the change to their constituents and implement the revised valuation for relevant deferred payment obligations.
Constitution of Grievance Redressal Committee
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Grievance redressal committee for Foreign Trade Policy grievances ensures expedited review, sectoral resolution, and procedural reform.
A Grievance Redressal Committee is constituted at the Zonal RA, Chennai, chaired by the Zonal Additional Director General of Foreign Trade, with membership including zonal Additional/Joint DGs, concerned officers, regional executive directors of trade and export promotion bodies, and special invitees from originating departments. Its terms of reference are to review and expedite disposal of FTP-related procedural grievances pending beyond reasonable time, examine sector-specific grievances from members or other sources, and suggest reforms in policy and procedures.
Implementation of Rebate of State Levies (ROSL) Scheme
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Rebate of State Levies scheme allows exporters to opt in for state levy rebates by declaring eligibility in the shipping bill.
The ROSL scheme permits textile garment exporters to opt in by declaring eligibility and selecting prescribed scheme codes in the EDI Shipping Bill; selection of the code is the exclusive method of claim. Rebates-calculated on FOB value using notified rates and caps-are credited to the exporter's registered drawback account and disbursed in parallel with drawback, with disbursal status displayed on ICEGATE.

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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