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Circulars
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Disclosure Standards for Alternative Investment Funds (AIFs)
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Disclosure standards for alternative investment funds require standardized PPM templates and mandatory performance benchmarking for funds.
SEBI mandates a two-part Private Placement Memorandum (PPM) template for Category I and II AIFs and a separate template for Category III, requires alignment of subscription agreements with the PPM, and an annual audit of PPM compliance (with certain audit items optional). Mandatory industry and fund-level performance benchmarking is introduced: Associations representing a majority of AIFs shall appoint Benchmarking Agencies, AIFs must report scheme-level valuation and cash-flow data for schemes one year past first close, and benchmarking reports must accompany any disclosed past performance; exemptions apply to certain Angel Funds.
Customs Health Cess and procedure to claim exemption
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Customs Health Cess on medical device imports requires declaration and specified Bill of Entry entries to claim exemption.
Introduction of Customs Health Cess imposes a 5% ad valorem duty on imports of medical devices under headings 9018-9022 as valued under the Customs Act; the system will calculate the cess on tariff declaration. Notification No. 08/2020 provides exemptions for certain goods, and importers claiming exemption must declare Notification Type "C" and AD Flag "+" in the Bill of Entry SBE Duty Tag when filing via RES software.
Instructions regarding reconciliation of GST refund claims with VAT arrears and recovery through RC Module and bank account attachment
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GST refund reconciliation against VAT arrears directs case-by-case bank account attachment and monitoring to avoid refund delay.
GST refund claims made by dealers migrated from VAT are to be checked against outstanding VAT arrears available in the RC Module, and recoverable dues may be pursued through bank account attachment in accordance with the prescribed rules. During processing of refund applications of such defaulters, the refund claim must be reconciled with arrears reflected in the RC Module. Bank account attachment is to be used on a case-to-case basis only where genuine default exists, and cases not requiring attachment are to be recorded separately.
Withdrawal of Circular No. 107/26/2019-GST, dated September 3, 2019
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Withdrawal of administrative circular on ITeS clarifications; ab initio withdrawal under statutory power to ensure uniform implementation.
The Commissioner of Commercial Taxes has withdrawn ab-initio Circular No. 107/26/2019-GST (which had provided clarifications on supply of Information Technology enabled services) by exercising statutory power under section 168(1) of the Jharkhand GST Act, 2017, and has requested issuance of trade notices to publicize the withdrawal to ensure uniform implementation.
Streamlining export data to include District level details in Shipping Bills
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Mandatory export data enhancement: shipping bills must record origin, preferential agreement and standard unit code, and GSTIN required.
From 15.02.2020, Shipping Bills filed electronically on ICEGATE must include for each item the State and District of Origin, any applicable Preferential Agreement, and the Standard Unit Quantity Code (SQC) for the tariff heading; additionally, GSTIN declaration is mandatory for GST registered importers and exporters, and DG (Systems) will publish field level technical guidance.
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: pilot facility via land customs to Kolkata extended; stakeholders urged to report implementation difficulties.
The Central Board of Indirect Taxes and Customs has extended a pilot mechanism permitting transhipment of export cargo from Bangladesh through designated Land Customs Stations for onward movement to Kolkata Port or Airport in containers or closed bodied trucks; the facility continues under prior circulars as amended and officers are instructed to facilitate prescribed customs controls, documentation and container integrity, while reporting any implementation difficulties to the Board.
Valuation of second hand machinery
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Valuation of second hand machinery: certified chartered engineer inspection reports must support declared import values.
Valuation of imported used machinery should use the transaction value where Rule 3 applies; if not, subsequent valuation rules may be impracticable and the proper officer may need to apply the residual method under Rule 9 to account for condition, depreciation, refurbishment and related pre shipment or dismantling charges. To ensure uniform and commercially realistic valuation, Customs will accept inspection/appraisement reports from qualified Chartered Engineers based in the country of sale or from engineers empanelled by the Customs House, using prescribed Form A (overseas) or Form B (local) reports, and will compare declared values against appraisal and depreciated values, invoking Rule 12 where significant differences arise.
One-time permission for resubmission of applications for claiming assistance under `Transport and Marketing Assistance (TMA) for Specified Agriculture Products’ Scheme
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Resubmission permission allows correction of deficient TMA claims via the prescribed online form and submission to the regional authority.
One-time resubmission permission allows modification of deficient or incomplete TMA claims that remain pending for disbursement; applicants must register via the specified online form, edit submissions using the original ECOM reference, resubmit online within the prescribed edit window, and provide a printed modified application with self-certified supporting documents to the concerned regional authority. The facility is limited to pending disbursement applications and does not permit enhancement where payment has already been made.
Performance review of the commodity derivatives contracts
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Performance review of commodity derivatives contracts: mandatory annual review, disclosure and consultation requirements for exchanges to evaluate contract performance.
Mandate for performance review of commodity derivatives contracts requiring recognized stock exchanges to evaluate every contract against structured parameters, consult the Product Advisory Committee, and disclose the review and methodology annually on their websites; the framework covers commodity fundamentals, detailed trading metrics, price movement analysis, hedge effectiveness, delivery infrastructure and stakeholder outreach, and exchanges must amend rules, inform brokers, and report implementation to the regulator.
Customs - ICES Advisory 01/2020, dated 13.01.2020 - Registration and Application Process for all Stakeholders under the New Sea Cargo Manifest Transhipment Regulations (SCMTR)
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Sea Cargo Manifest Transhipment Regulations require ICEGATE registration and dual-format message testing before full format switchover.
The notification requires all stakeholders to register and apply via ICEGATE to operate under the Sea Cargo Manifest Transhipment Regulations, with entities filing specified messages and manifests. Some classes must satisfy particular registration conditions such as pre registration of a National Surety Bond, while others receive auto approval after meeting ICEGATE prerequisites. Entities performing multiple roles must submit separate applications. During the interim testing phase stakeholders must transmit both existing and new format messages to ensure smooth switchover; registration approval queries are handled online with manual submission of additional documents where required.
BUDGET RELATED CHANGES IN ICES- ICES ADVISORY
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Customs Health Cess imposed on specified medical device imports; ICES updated to calculate cess and apply exemptions automatically.
Customs Health Cess has been introduced on imports of specified medical devices as a duty of customs at the ad valorem rate; exemptions have been issued and declaration of the tariff item will cause automatic calculation of the cess in the electronic system.
Common Application Form for Foreign Portfolio Investors
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Common Application Form for Foreign Portfolio Investors streamlines FPI registration, PAN allotment and KYC processes for intermediaries.
The Government notified a Common Application Form for FPI registration, PAN allotment and KYC; applicants must submit the CAF and Annexure with supporting documents and applicable fees, intermediaries may rely on CAF for KYC, DDPs may accept earlier-form applications for a sixty-day transition, and custodians must inform FPI clients of the CAF and operational guidelines issued under the regulator's statutory powers.
Levy and Collection of Social Welfare Surcharge (SWS) on imports under various schemes such as Merchandise Exports from India Scheme (MEIS), Services Exports from India Scheme (SEIS) etc
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Social Welfare Surcharge payable in cash; not admissible for MEIS/SEIS scrip debit, per administrative circular.
Levy and collection of the Social Welfare Surcharge on imports under schemes including the Merchandise Exports from India Scheme and the Services Exports from India Scheme require payment of the surcharge in cash at import clearance, and the surcharge is not eligible for debit against MEIS or SEIS scrips; stakeholders are directed to follow the detailed procedural guidance set out in the referenced administrative circular.
Currency Future and Options Contracts (involving Indian Rupee) on Exchanges in International Financial Services Centres (IFSC)
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Position limits for Rupee derivatives in IFSC restrict open positions across participant categories to defined caps.
Introduction of Rupee derivatives with settlement in foreign currency on IFSC exchanges establishes position limits per currency pair per exchange: identical gross open position caps for trading members, institutional investors, and eligible foreign investors across all contracts measured against total open interest or a currency-equivalent cap, and a lower cap for other clients; Institutional Investors are defined to include specified IFSC and offshore entities. Exchanges must impose penalties for violations and implement the limits pursuant to regulatory powers to protect investors and regulate the market.
Amendment in Import Policy of items under Exim code 151190 of Chapter 15 of ITC (HS), 2017 Schedule β€” I (Import Policy)
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Import policy change: goods under Exim code 151190 moved from free to restricted import regime, affecting import clearances.
Import policy for goods under Exim code 151190 has been changed from free to restricted pursuant to DGFT Notification No. 39/2015-2020. A Public Notice from the Commissioner of Customs, Cochin dated 03.02.2020 notifies customs brokers, importers, exporters and other stakeholders of this amendment and encloses the DGFT notification to inform them of the revised import clearance status and related compliance requirements.
Authorization of an officer under the Gujarat Goods and Services Tax Rules, 2017
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Restriction of input tax credit under GST rules: authorized officers may limit access to electronic credit ledger.
Authorization under Gujarat GST Rules empowers specified officers to restrict tax credit available in the electronic credit ledger; the power is exercisable only within the officers' territorial jurisdiction unless otherwise specified, and the named authorised ranks are Deputy Commissioner and Assistant Commissioner.
ICES Advisory 01/2020 (SCMTR) dated 13.01.2020 β€” Registration and Application Process for all the Stakeholders
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Sea cargo manifest registration requires ICEGATE enrolment and testing to enable filing in new prescribed manifest formats.
Registration under the new Sea Cargo Manifest Regulations (SCMTR) requires all maritime stakeholders to enrol and apply through ICEGATE to file specified messages and manifests in the new formats; distinct stakeholder categories must submit separate applications per role, some registrations are auto-approved while others require customs officer approval, and a testing phase mandates filing in both old and new formats to ensure smooth switchover.
Non- Filing Of Bills Of Entry For Updation In System To Give Effect To The Proposed Changes In The Duty Rates As Per Union Budget 2020-21
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Bills of entry filing suspension enables ICES updates for proposed Union Budget duty-rate changes and requires stakeholder compliance.
Filing of bills of entry is temporarily unavailable from 20:00 hours on 1 February 2020 until completion of ICES 1.5 updates required to implement proposed Customs duty-rate changes. Importers, exporters, Customs Brokers and other stakeholders are advised to comply with the temporary filing restriction. The requirement operates as a standing order for officers and staff of all Appraising Groups at Jawaharlal Nehru Custom House.
D.O. Letter from JS(TRU-I)
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Customs duty revisions and tariff reclassification impose immediate rate changes and new verification and ledger mechanisms.
Immediate scope of the Finance Bill, 2020 notifications includes chapter wise amendments to Basic Customs Duty rates and tariff lines, withdrawal or conditioning of concessional entries and exemptions, adjustments to Social Welfare Surcharge and NCCD for specified goods, imposition of a Health Cess on medical devices (with stated exemptions), creation of a preferential treatment verification regime under a new Chapter VAA, establishment of an Electronic Duty Credit Ledger, strengthened safeguard and anti circumvention rules, and specified retrospective GST/cess measures; select changes take effect by declaration under the Provisional Collection of Taxes Act, 1931.
Implementation of PGA e-SANCHIT β€” Paperless Processing under SWIFT β€” Uploading of Licenses / Permits / Certificates / Other Authorizations (LPCOs) by PGAs
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PGA e-SANCHIT: Beneficiaries barred from uploading LPCOs from 31 Jan; PGAs must upload recent permits.
Implementation of PGA e-SANCHIT requires PGAs to upload digitally signed LPCOs on e-SANCHIT; four new PGAs are added, bringing total enabled PGAs to 47. From 31.01.2020 beneficiaries are barred from uploading previously issued LPCOs; PGAs must upload LPCOs issued in the 15 days before the cut-off and may upload earlier LPCOs to enable beneficiary use. Communications will occur via ICEGATE-registered e-mails and beneficiaries should ensure correct e-mail registration.

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Assessment under DVAT ACT

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Notice service requirement: assessments under DVAT must not be held ex-parte without proper service and procedural compliance.
Ward incharges and GSTOs undertaking assessments under the DVAT Act must ensure assessment notices and related notices are duly served with a proper ... Summary

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Acts Income Tax