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Circulars
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Fund raising by issuance of Debt Securities by Large Entities
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Mandatory debt issuance requirement for large corporates to fund a portion of incremental borrowings, with disclosures and penalties.
Large listed entities that meet specified listing, borrowing and credit rating thresholds must source a mandated portion of their incremental long term borrowings by issuing debt securities. The framework defines incremental borrowings, sets phased effective dates, requires annual disclosures certified by the company secretary and CFO and included in audited results, establishes initial annual compliance transitioning to a two year block compliance with a monetary fine for unremedied shortfalls, and assigns stock exchanges duties to collate disclosures, collect fines and remit proceeds to the regulator.
Implementation of Paperless processing under SWIFT - Uploading of Supporting Documents (eSANCHIT) in exports
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Paperless upload of export supporting documents enabled, allowing digital submission, review period, and eventual mandatory adoption.
A pan India facility allows authorised persons to upload digitally signed export supporting documents on eSANCHIT via ICEGATE on a voluntary basis, while original supporting documents must be retained for five years under the Shipping Bill (Electronic Integrated Declaration) Regulation, 2011. Documents can be uploaded before submission or after Shipping Bill generation by obtaining an Image Reference Number (IRN) and linking via an amendment; customs will access uploaded documents during assessment and queries, and goods registration, document verification and Let Export Order procedures will be conducted with online records of examinations. The facility will be reviewed and may become mandatory.
Representation from all India Saccharin manufacturing association-implementation of Hon'ble Gujarat high Court order dated 07.02.2018 in Special Civil Application No. 1399 of 2018
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Anti-dumping duty review: saccharin consignments may be cleared if importers are notified of pending litigation.
High Court directions permit clearance of saccharin consignments while requiring importers to be notified that litigation challenging the DGTR's finding on anti-dumping duty continuation is pending; customs must record accounting and follow the tariff unit letter, with stakeholders reporting implementation difficulties.
Procedure for Disposal of Unclaimed/ Uncleared Cargo and Confiscated Cargo
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Disposal of unclaimed cargo: mandated e auction process with departmental NOC, valuation, inventory and duty assessment.
Prescribed steps for disposal under Section 48: custodians must issue two notices, log actions in UCC software, seek Disposal Section permission when consignees fail to respond, obtain Group scrutiny and NOC including CCR checks, conduct Dock Examination inventory and tests, and upon AC/DC approval proceed to e-auction-cum-e-tender with reserve price fixed by government-approved valuers; bids are cum-duty, duty is back-calculated from sale price, duty must be paid before out-of-charge, and sale proceeds are shared per Section 150.
Implementation of PGA eSANCHIT - Paperless Processing under SWIFT - Uploading of Licenses/Permits/Certificates/Other Authorizations (LPCOs) by PGAs
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Paperless LPCO uploads by PGAs enable electronic linkage of licenses to customs declarations, streamlining clearance under eSANCHIT.
PGAs must upload digitally signed LPCOs to eSANCHIT, enabling Customs to view them as supporting documents linked to Bills of Entry or Shipping Bills; beneficiaries must register on ICEGATE so PGAs can link LPCOs to their IEC/GSTN and the generated Image Reference Number (IRN) is used to tag or amend the BE/SB, with offline amendment at the Service Centre permitted where tagging is not made online.
Launch of Indian Customs EDI System (ICES 1.5) for Imports and Exports, at ICD, Multimodal Logistics Park (MMLP), Navagaon, Atal Nagar, Raipur [INRML6]
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Electronic Customs Processing enables end-to-end ICES 1.5 filings, digital document upload and automated duty assessment for trade.
Launch of ICES 1.5 implements comprehensive electronic processing for import Bills of Entry and export Shipping Bills at the ICD, MMLP Raipur, requiring registration of IE Codes, Customs Brokers, shipping agents and DGFT licences; enabling remote filing via ICEGATE with digital signatures and electronic upload of supporting documents (e-SANCHIT). The system validates declarations against directories (duties, exchange rates, tariff, anti-dumping and tariff value), routes submissions to Appraising Groups, automates bond debiting/crediting in a centralized Bond Management System, and integrates GST/IGST, drawback, rebate and RMS-driven risk-based routing and compulsory compliance checks for assessment, examination and clearance.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of Registration procedures updated; applications in Form GST REG-16 to be processed per new circular.
Processing of applications for cancellation of GST registration submitted in Form GST REG-16 is to follow the procedural guidance of CBIC Circular No. 69/43/2018, and Public and Trade Associations are requested to circulate these instructions among their members.
Refund of IGST paid on exports of goods done from Non-EDI sites-reg.
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IGST refund procedure: exports from non-EDI sites processed after offline data upload and ICES verification enabling disbursement.
Refunds of IGST for exports from Non-EDI sites require offline capture of export data and email transmission to DG(Systems), upload and final submission by Customs officers at the nearest EDI site, verification in ICES, matching with GST returns from GSTN, and generation of refund scrolls; ICEGATE offers enquiry access and importer/broker login to check SB status and IGST mismatches.
​Task Force for drafting a New Direct Tax Legislation-reg.
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Drafting New Direct Tax Legislation: reconstituted task force authorised to co-opt members and report recommendations.
Reconstitution of a Task Force to draft a new Direct Tax Legislation and review the Income-tax Act, 1961, naming a Convenor and five additional members, authorising the Convenor to co-opt additional persons, retaining earlier terms and conditions, and requiring submission of a report to the Government within the prescribed timeframe with Finance Minister approval.
Expediting Implementation and Monitoring of “Commercial Tax Department at Your Doorstep” Scheme
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Commercial Tax Department at Your Doorstep scheme calls for daily monitoring, field verification, and faster completion of trader updates.
Daily monitoring and expedited implementation of the "Commercial Tax Department at Your Doorstep" scheme were directed to ensure completion of the field exercise for small traders. Commercial Tax Officers and Assistant Commissioners were to visit business premises of traders below one crore turnover, update contact details, upload photographs through the Abhyuthan app, resolve technical difficulties in return filing, and organise fortnightly workshops.
Processing of refund applications filed by Canteen Stores Department (CSD).
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CSD refund procedure requires quarterly invoice-based claims, portal validation, and coordinated tax-authority sanction and payment processing.
CSD refund claims are invoice-based and must be filed quarterly, manually in FORM GST RFD-10A until the online utility is available, with an undertaking of receipt, declaration of no prior claim, copies of GSTR-3B, GSTR-2A and attested invoices, and bank details. Proper officers shall acknowledge complete applications within fifteen days or issue a single deficiency memo within fifteen days, validate GSTIN and returns on the portal, rely on GSTR-2A for supplier accountal, and sanction and issue orders and payment advice separately for each tax head in prescribed forms. Refund orders must be communicated to the counterpart tax authority within seven days for payment coordination.
Procedure for allocation of quota for import of (i) Calcined Pet Coke (0.5 Million MT per annum) for Aluminum Industry and (ii) Raw Pet Coke (1.04 Million MT) for CPC manufacturing industry -regd.
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Import quota allocation for pet coke limited by court order; DGFT sets application, environmental consent and reporting rules.
Import quota allocation for Calcined Pet Coke and Raw Pet Coke is implemented under a Supreme Court limit, with half the annual ceiling available for the current fiscal year. Eligible industrial users must apply to DGFT using ANF 2M and ANF-1, provide unit capacity and SPCB/PCC consent, pay the fee and submit documents by email. The Exim Facilitation Committee will allot quota and Regional Authorities will issue time-limited import authorizations; licensees must report consignments, return unutilised quota for redistribution, and submit a consolidated post-import report.
External Commercial Borrowings (ECB) Policy – Review of Hedging Provision
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Mandatory hedge coverage for certain external commercial borrowings reduced, easing hedging obligations for eligible borrowers.
Mandatory hedge coverage for specified External Commercial Borrowings under Track I has been reduced for medium-term maturities; new ECBs must comply with the reduced hedge requirement and existing ECBs within scope must roll-over hedges only to the extent of the reduced coverage. Other ECB provisions remain unchanged, the Master Direction will be updated, and AD Category-I banks must notify constituents. Directions are issued under the Foreign Exchange Management Act and are without prejudice to other statutory permissions.
Minutes of the 86th meeting of the. Board of Approval for SEZ held on 22 November 2018 to consider setting up of Special Economic Zones and other miscellaneous proposals
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Extension of Letter of Permission validity under SEZ regulatory framework, with conditional co-developer and SEZ establishment approvals.
The Board recorded approvals and procedural directions on SEZ matters: ratification of prior minutes; extensions of Letter of Permission (LoP) validity for specified units; approvals of co-developer status and a sector-specific pharmaceutical SEZ subject to standard regulatory conditions, continuity of obligations, eligibility and security clearances, and furnishing of financial and tax information to revenue authorities; conditional approvals for change of shareholding or name requiring compliance with revenue and corporate laws and acceptance of tax assessment jurisdiction; interim extension of LoPs for plastic recycling and used-clothing units and constitution of an interdepartmental committee to examine related policy, environmental and industry concerns.
Templates of Rulings received from other jurisdictions under BEPS Action 5 - reg.
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Spontaneous exchange of rulings identifies cross-border pricing mismatches and informs action to prevent base erosion and profit shifting.
Templates received under BEPS Action 5 cover preferential regime rulings, unilateral APAs, cross-border downward profit adjustments, PE rulings and conduit rulings; where Indian residents (ultimate parent, immediate parent, related party, head office, payer or ultimate beneficial owner) are involved, the templates must be used to assess whether economic activity and taxable income in India are commensurate with value creation and to detect pricing mismatches risking base erosion. Additional information may be requested via Exchange of Information and all received information is subject to treaty confidentiality requirements.
Proforma for submission of Arrest Report and Incident Report - reg.
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Arrest and Incident Reporting must use prescribed proformas and be submitted electronically to designated investigation addresses.
The Board mandates use of prescribed proformas: Annexure I for Arrest Reports and Annexure II for Incident Reports, each listing required data fields (identity, offence, seizure, commodity, modus operandi). All such reports shall be sent only by e-mail to designated investigation addresses; hard-copy submission is discontinued. Chief Commissioners and Directors General are directed to circulate and implement the guidelines and to flag implementation difficulties to the Board.
Re-Constitution of High Level Committee on Corporate Social Responsibility —2018 (HLC-2018)
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Corporate Social Responsibility committee reconstitution establishes a panel to review framework and recommend enforcement and monitoring.
Re-constitution of a High Level Committee on Corporate Social Responsibility creates a ministerially mandated panel chaired by the Secretary, Ministry of Corporate Affairs, to review the CSR framework, recommend enforcement guidelines, and propose monitoring and evaluation measures including financial, performance and social audit. The committee may set its own procedures, form sub committees, invite experts, meet anywhere in India, and will be supported by designated institutes; outstation members receive prescribed travel facilities and the panel must submit its report to the Ministry within its tenure.
Corrigendum to Trade Circular No. 40/2018 dated 17th September, 2018.
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Compulsory registration for commission agents depends on principal being taxable and supplies being taxable under GST law.
Corrigendum clarifies that compulsory registration for commission agents under clause (vii) of section 24 of the WBGST Act arises only when both the principal is a taxable person and the supplies made by the agent are taxable; commission agents acting for agriculturists who are not taxable persons are not compulsorily registrable under that clause, though agents liable to pay tax under reverse charge must register under the separate reverse charge registration provision.
REFUND OF ADVANCE ENTRY TAX PAID IN EXCESS BY TRANSPORT AGENCIES AND COURIER SERVICE PROVIDERS
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Refund of advance entry tax: voluntary deposits refundable after verification, no interest, claim with detailed breakup required.
Refunds are available for legitimate balances of voluntarily deposited advance entry tax where no liability remains after transition to the J&K GST framework; claimants must apply within one month to the officer in charge with a detailed breakup of deposits, utilizations and balance, and the officer in charge will verify records and determine refunds without interest, following procedures as under the former Entry Tax on Goods Act, 2000.
53/2018 - 22-11-2018 GST - States
Collection of tax at source by Tea Board of India.
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Tax at Source collection: Tea Board must collect TCS from sellers on goods and from auctioneers on brokerage services.
Tea Board, as electronic commerce operator under section 52 WBGST Act, must collect Tax at Source (TCS) from sellers (tea producers) on the net value of goods supplied (tea) and from auctioneers on the net value of services (brokerage), where buyers pay consolidated sums into an escrow account and the Tea Board disburses payments to sellers and auctioneers accordingly.

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Modifications to the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances, as clarified in Circular No. 41/15/2018-GST dated 25.04.2018.

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Interception of conveyances: release limited to non-violating consignments; detention only for violating consignments under GST rules.
The circular amends interception procedures by replacing "three working days" with "three days" and revising FORM GST MOV-05 release wording. It confirms ... Summary

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Acts Income Tax