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Circulars
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Amendment in ‘Rights and Obligations of Members, Authorized Persons and Clients’ of FMC circular No. FMC/COMPL/IV/KRA-05/11/14 dated February 26, 2015
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Electronic Contract Note consent streamlined to allow electronic email updates without physical form, easing investor receipt of contract notes.
The amendment substitutes the handwritten physical ECN declaration requirement for commodity derivatives clients with the electronic consent procedure used in other segments, allowing clients to provide an appropriate email and to change it via secured electronic access where internet trading is enabled; the prior ECN declaration retention clause is rescinded.
Electronic sealing- Deposit in and removal of goods from Customs bonded Warehouses
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Electronic sealing: RFID one-time-locks required for transport into and out of bonded warehouses with defined seals and data capture.
Electronic sealing is mandated for transport into and out of customs bonded warehouses: importers, owners and warehouse licensees must use RFID anti-tamper one-time-locks sourced from CBIC-listed vendors conforming to ISO 17712:2013 and ISO/IEC 18000-6 Class 1 Gen 2. Readers and a web application capturing defined data elements (IEC, bill/shipping document numbers, RFID OTL number, sealing date/time, container or vehicle registration, warehouse and customs location codes) are required; the trip report from scanning at destination will serve as the statutory acknowledgement of due arrival. Licensees procure Readers and seals; vendors link TID to warehouse codes and enable data upload.
Implementation of PGA eSANCHIT— Paperless Processing under SWIFT- Uploading of Licenses/Permits/Certificates/Other Authorizations (LPCOs) by PGAs
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eSANCHIT paperless processing: PGAs must upload LPCOs; beneficiary uploads disabled from 28 Feb 2020, ensure ICEGATE email registration.
PGAs must upload digitally signed Licenses/Permits/Certificates/Other Authorizations (LPCOs) to eSANCHIT; three additional PGAs are onboarded bringing enabled PGAs to fifty. From 28 February 2020 beneficiaries cannot self upload previously issued LPCOs; PGAs are required to upload LPCOs issued in the preceding 15 days and may upload earlier documents. Communications and IRNs will be sent to email addresses registered in ICEGATE, so beneficiaries must ensure correct ICEGATE email registration.
Electronic sealing - Deposit in and removal of goods from Customs bonded Warehouses
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RFID sealing required for bonded warehouse movements to secure transit, ensure data capture and trigger inspections if tampered.
RFID anti-tamper one-time-locks (RFID OTL) are required wherever Warehousing Regulations prescribe a one-time-lock for deposit into or removal from customs bonded warehouses, with specified physical seal types and reader standards, vendor certification requirements, and mandated data capture (including IEC, entry/shipping number, RFID serial, sealing date/time, vehicle/container identifiers, and warehouse/customs codes). Licencees must procure readers and supply or ensure procurement of seals, vendors must link TID to warehouse codes and enable data upload, tampered seals trigger refusal to unload or mandatory examination, and RFID scans generate trip reports to satisfy statutory acknowledgement requirements; exceptions and Commissioner permissions apply.
Invitation of applications for empanelment of Chartered Engineers for examination/valuation of Second / Old & Used machinery/goods etc. in the jurisdiction of Mangalore Customs Commissionerate
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Empanelment of Chartered Engineers for valuation of secondhand machinery invited; applicants must meet qualifications and submit required documents.
Invitation for empanelment of Chartered Engineers to inspect and value imported second hand/old/used machinery and related goods in Mangalore Customs jurisdiction. Applicants affiliated to the Institution of Engineers (India) must submit the prescribed proforma, undertaking, Chartered Engineer certificate, proof of experience, GST (if applicable), and at least two reference letters; incomplete applications will be rejected. Selection involves verification by the Institute of Engineers, formal interview by senior Customs officers, vetting for adverse records, half yearly self appraisals by empanelled Engineers, and publication of empanelled names. Fees are payable by importers; wrong information or negligent valuation attracts de panelment and penal consequences.
Stamping and signing of recipt of lighthouse dues
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Authentication of DGLL payment receipts: officers must verify online via ICEGATE; stamping or signing not required.
Downloaded DGLL lighthouse-dues receipts are sufficient proof of payment and do not require stamping or signing by officers; officers must authenticate payments electronically by verifying the receipt on the DGLL website through ICEGATE, and any verification difficulties should be reported to the Assistant Commissioner of Customs at New Customs House, Panambur.
08/2020 - 06-03-2020 Companies Law
Filing of forms in the Registry (MCA-21) by the Insolvency Professional (Interim Resolution Professional (IRP) or Resolution Professional (RP) or Liquidator) appointed under Insolvency Bankruptcy Code, 2016 (IBC, 2016)
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Filing obligations for insolvency professionals require electronic submission of appointment orders and documentary attachments via the designated general filing form.
Insolvency professionals must upload their NCLT appointment order in Form INC-28 selecting the IBC option and, while affixing DSC, designate themselves as "CEO" for filing purposes. Thereafter, all statutory filings while a company is under CIRP-including AOC-4 and MGT-7-must be submitted as attachments through e form GNL-2 using the "Filings under IBC" option and recording the NCLT/NCLAT/Court order date for event fields.
'Implementation of automated clearance on All-India basis'
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Automated clearance extended nationwide, enabling electronic Bill of Entry release after CCV confirmation and duty payment.
The Board extended automated clearance of Bills of Entry to all customs formations with Customs EDI from 05.03.2020. The facility is limited to ICES locations with the Risk Management System enabled. Designated proper officers must perform Customs Compliance Verification (which may occur before duty payment) and confirm completion in the Customs System; after confirmation of payment the system will electronically clear the Bill of Entry. Implementation issues are to be reported to ADC/JC, Import and the notice serves as a standing order for staff.
Generation and quoting of Document Identification Number (DIN) on any communication issued by the officers of the Central Board of Indirect Taxes and Customs (CBIC) to tax payers, international travellers and other concerned persons
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Document Identification Number requirement: all CBIC communications must carry a verifiable DIN or be treated as invalid.
The notice mandates electronic generation and quoting of Document Identification Number (DIN) on all communications (including emails) by any CBIC office, extending prior DIN use on enforcement documents to all correspondence to create a digital audit trail and allow online verification via the Directorate of Data Management portal; communications without an electronically generated DIN, except as previously exempted, will be treated as invalid unless regularised per the stated procedure.
CORRIGENDUM TO CIRCULAR NO. 4 OF 2020 DATED 16.01.2020
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Tax Deduction from Salaries: TDS not required unless estimated salary is taxable after exemptions and deductions.
The corrigendum replaces a gross threshold rule by stipulating that no tax shall be deducted at source unless the estimated salary income, including perquisites, is taxable after giving effect to the exemptions, deductions and relief as applicable; Circular No.04/2020 is modified accordingly.
Reverse charge Mechanism (RCM) on renting of Motor Vehicles
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Reverse charge on motor vehicle rentals: corporate recipients must pay tax when suppliers do not charge the higher GST rate.
RCM applies to renting of motor vehicles with fuel included when the supplier is other than a body corporate, does not charge the higher GST rate that carries full input tax credit, and supplies to a body corporate; if the supplier charges the higher rate, the recipient is not liable under RCM. The state notification was amended to clarify these conditions and the amendment is clarificatory with retrospective effect for the earlier specified period.
Standard operating procedure to be followed in case of non-filers of returns
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Non-filing procedure: notice requiring return within fifteen days, then best judgment GST assessment and recovery follow-up.
Five days after the due date the proper officer shall electronically issue Form GSTR-3A under section 46 requiring the return within fifteen days; if the return is not filed the officer may assess tax by best judgment under section 62 and issue Form GST ASMT-13, uploading the summary in Form GST DRC-07. The officer may use GSTR-1, GSTR-2A, e way bills, inspection findings or other material for assessment. A valid return filed within thirty days of ASMT-13 leads to withdrawal of the assessment; otherwise recovery and further proceedings may be initiated and provisional attachment or registration cancellation considered where appropriate.
Clarification regarding optional filing of annual return under Notification No. 47/2019-State Tax dated 10th October, 2019
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Optional annual return filing for small taxpayers permitted before the due date; portal blocks late submission.
Clarification states that eligible small taxpayers may optionally file annual returns for specified past years-composition taxpayers in Form GSTR-9A and other registered persons in Form GSTR-9-before the due date, after which the common portal will not permit filing; taxpayers may also voluntarily pay any short-paid tax or reverse ineligible input-tax credit through Form GST DRC-03.
Restriction in availment of input tax credit in terms of sub-rule (4) of rule 36 of JGST Rules, 2017
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Restriction on Input Tax Credit: cap on claiming credit for invoices not uploaded by suppliers, pending supplier filing.
Restriction under Rule 36(4) limits availment of input tax credit for invoices/debit notes not uploaded by suppliers; the permissible additional credit is calculated as a percentage of eligible ITC arising from uploaded invoices as reflected in GSTR-2A on the due date of suppliers' GSTR-1 filing. The cap is applied on a consolidated basis across all suppliers, excludes supplies outside the supplier-upload requirement, and any restricted ITC may be claimed in later periods when suppliers upload the requisite details.
Regarding Assessment of pending cases of mismatch of Annexure 2A-2B under DVAT Act/Rules and pending Assessment of Central Forms (Form-9) under CST Act/Rules in respect of Financial Year 2015-16
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Limitation period for tax assessments requires completing pending DVAT/CST mismatch and central form cases before expiry to prevent revenue loss.
Section 34 of the DVAT Act imposes a four year limitation; authorities must complete pending assessments of Annexure 2A-2B mismatches under DVAT and pending central form assessments under CST for the 2015-16 year before the limitation expires. Assessing Authorities/Ward Incharges are to prioritise these cases, with personal accountability for any revenue loss from failure to act, and Zonal Incharges must monitor progress within their jurisdictions.
07/2020 - 05-03-2020 Companies Law
Extension of the last date of filing of Form NFRA-2
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Form NFRA-2 filing deadline extended to run from the date of deployment on the NFRA website for FY filing.
The time limit for filing Form NFRA-2 for the reporting period Financial Year 2018-19 is 150 days from the date of deployment of this form on the website of the National Financial Reporting Authority, pursuant to General Circular No. 07/2020.
Implementation of automated clearance on All-India basis
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Pre-payment customs compliance verification enables electronic clearance after system-confirmed duty payment, with checks before physical release.
Implementation permits completion of Pre-payment Customs Compliance Verification (CCV) for a Bill of Entry before duty payment, with designated officers recording CCV completion in the System; all other System conditions apply. Upon System confirmation of duty payment the Bill of Entry will receive electronic clearance. Physical release thereafter requires verification of duty payment and surrender of documents/dockets by Shed/Gate Officers and custodians prior to goods exiting their premises.
GST — Constitution of Grievance Redressal Committee for redressal of taxpayer grievances on GST matters
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Grievance Redressal Committee for GST matters to address taxpayer procedural and IT grievances and refer policy issues.
A Grievance Redressal Committee was constituted at Zonal/State level to examine and resolve taxpayer grievances on GST, including procedural and IT-related portal issues. The committee may refer matters requiring changes to Acts, Rules, Notifications, Forms, Circulars or Instructions to the GST Council Secretariat and the Policy Wing of the CBIC, and refer IT-specific issues to the GSTN. Stakeholders may submit grievances through trade associations, tax professional bodies, or directly to the committee as per the published order.
Implementation of automated clearance on All-India basis
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Automated customs clearance: electronic release of Bills of Entry after CCV confirmation and duty payment nationwide.
Automated clearance of Bills of Entry will be implemented across all customs formations with operational ICES where RMS is enabled. Designated proper officers will perform Customs Compliance Verification (CCV), which may occur even while duty payment is pending; upon completion of CCV and confirmation of duty payment, the Customs System will electronically clear the Bill of Entry. Further ICES changes will be communicated by DG Systems and the Public Notice directives are to be treated as standing orders.
ICES Advisory 09/2020 (Turant Customs) - Customs Compliance Verification and System OOC - Implementation on All India basis
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Customs Compliance Verification allows pre-payment processing so Bills of Entry progress to clearance once payment is integrated in the system.
Pre-payment Customs Compliance Verification allows designated customs officers to complete compliance checks and record Out of Charge (OOC) for a Bill of Entry before duty payment is made. After OOC is recorded the BE moves to a CCV queue; once duty payment is made and integrated in the system the BE automatically moves to the GAT queue and OOC print becomes available. If duties are already paid or marked deferred, the BE proceeds to the GAT queue immediately after OOC issuance.

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Operating Guidelines for Investment Advisers in International Financial Services Centre (IFSC) – Clarifications

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Networth requirement for IFSC investment advisers revised; existing IFSC entities can register without forming a new company.
The networth threshold for registered Investment Advisers in the IFSC is revised to USD 700,000, and existing recognized entities in IFSC may apply for ... Summary

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Acts Income Tax