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Circulars
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Extension of deadline for implementation of the circular on Stewardship Code for all Mutual Funds and all categories of AIFs due to the CoVID– 19 pandemic
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Stewardship code extension delays compliance deadline for mutual funds and AIFs due to COVID-19 operational disruptions.
Extension of the implementation deadline for the Stewardship Code governing investments in listed equities by mutual funds and all categories of alternative investment funds is granted due to COVID-19-related operational constraints that impede monitoring and engagement with investee company management and boards. The postponement of the Code's effective date is issued pursuant to the regulator's statutory powers under the applicable fund regulatory framework and the circular directs stakeholders to the published notice for compliance reference.
Relaxation from compliance with certain provisions of the circulars issued under SEBI (Credit Rating Agencies) Regulations, 1999 due to the COVID-19 pandemic and moratorium permitted by RBI.
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Loan moratorium treatment: CRAs may forbear default recognition where delays stem solely from lockdown or moratorium.
SEBI permits CRAs, on a case by case assessment, to refrain from recognizing payment delays as default when delays arise solely from lockdown conditions or the RBI permitted moratorium, with such determinations disclosed in press releases; the relaxation also covers issuer rescheduling with investor/lender approval and remains effective for the moratorium period. SEBI further extends timelines for rating actions, press releases and website disclosures, requires best effort completion and ratification by the Rating Sub Committee, and allows an additional extension for annual and semi annual disclosures for the period ended March 2020.
1. Extension of custodianship of M/s Gateway Rail Freight Limited (M/s. GRFL) as custodian of export and import goods at Inland Container Depot, Garhi Harsaru-reg. 2. Renewal of Public Notice No. 07/2019 dated 05.03.2019 allowing import/export of goods under various Export Promotion schemes at ICD-Sonepat-reg. 3. Manner of submission and disposal of request for Amendments and waiver of Late Fee Charges in the Bills of Entry through e-mail procedure as facilitation during outbreak of COVID-19-reg
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Custodianship extension and expedited substitution of Bill of Entry permitted with post facto approval and email monitoring during pandemic.
Procedural facilitation permits substitution of Bill of Entry requests received by email or otherwise to be examined and permitted instantly by port deputy/assistant commissioners, subject to post facto approval by the proper officer; a register of such requests must be maintained and trade copies endorsed to the designated monitoring email, and these instructions operate as a Standing Order for officers and staff.
Outbreak of COVID-19- Facilitation Measures During lockdown period
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Customs facilitation measures: port clearance, BOE reprints and prepaid transshipment credits to reduce physical interactions during lockdown.
Customs permit temporary facilitation during lockdown: agents may seek Port Clearance by email with scanned documents; a Customs House service centre will enable print/reprint of Bills of Entry with a designated approving officer; transshipment fees may be prepaid as an agent-wise lump-sum credit to be adjusted against permissions. Emailed requests must include required attachments and contact details, and the measures are valid only for the lockdown period.
Duty Roster of CMC Staff during Outbreak of COVID 19 /Lockdown
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Duty roster requirement during lockdown: designate one data entry operator daily with listed contact for emergencies.
Designation of a Duty Roster requires nominated outsourced Data Entry Operators to attend the office on specified days during the COVID 19 lockdown, with each operator's contact provided; only one operator is to be present on any single day and telephonic contact is to be used for difficulties or emergencies, consistent with referenced administrative preventive advisories.
Request for Amendments and Waiver of Late Fee Charges in the Bills of Entry and regularization of Prior & Advance Bills of Entry through e-mail procedure as facilitation during outbreak of COVID-19
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Waiver of late fee for specified import bills; email-based amendments and regularization permitted to ease clearance disruptions.
A temporary waiver of late fee is authorized for Bills of Entry related to import consignments arriving on or after 21.03.2020 and on or before 14.04.2020, so late filing for clearance in that period will not attract late fee charges. An email regularization procedure allows stakeholders to request amendments, waiver of late fee, and finalization of prior and advance Bills of Entry by submitting specified transactional details to designated port/ICD email IDs, with a copy to a central monitoring email; officers will process requests, communicate shortcomings, confirm regularization, and maintain printed records, and the notice is treated as a standing order for staff.
Option to avail Section 49 facility during the COVID-19 crisis period
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Section 49 facility permits temporary storage of entered imported goods in public warehouses to avoid container and custodian charges.
Importers unable to clear entered goods during the COVID-19 crisis may invoke the Section 49 facility to store imported goods in a public warehouse pending clearance or removal when the Deputy or Assistant Commissioner is satisfied that clearance cannot be effected within a reasonable time; this option is promoted to avoid container damage and custodian charges, may be granted for an initial storage period with a possible extension, and requires application by email to the Deputy Commissioner with specified contacts for assistance.
Request for Amendments and Waiver of Late Fee Charges in the Bills of Entry through E-mail procedure as facilitation during outbreak of COVID-19
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Amendment requests for Bills of Entry accepted by email; late fee waiver applications processed and monitored under customs procedure.
Email submissions of applications for amendment of Bills of Entry and for waiver of late fee are authorized during the COVID 19 period; emails are to be sent to the Deputy Commissioner's designated address, who will route matters to the concerned DC/AC for action and retention of hard copies. Copies must be endorsed to the Joint Commissioner for monitoring. Competent authorities will examine requests under the Customs Act and prescribed procedure and will communicate decisions by return email; these directions serve as a standing order for officers.
Request for Amendments and Waiver of Late Fee Charges in the Bills of Entry and regularization of Prior & Advance Bills of Entry through e-mail procedure as facilitation during outbreak of COVID-19
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Waiver of late fee for delayed Bills of Entry permitted and regularization allowed via email procedure to facilitate clearance.
A temporary waiver of late fee charges is granted for Bills of Entry filed late for import consignments that arrived between 21.03.2020 and 14.04.2020; requests for amendment, waiver and regularization of prior and advance Bills of Entry may be made by email with required identifiers to the designated official address, will be processed by the Assistant or Deputy Commissioner on duty, shortcomings communicated by email, confirmations issued on regularization, records retained, and the procedure treated as a standing order.
‘Fully Accessible Route’ for Investment by Non-residents in Government Securities
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Fully Accessible Route for non-resident investment in government securities opens specified tenors to non-residents alongside domestic investors.
Creation of a Fully Accessible Route permitting non-resident investors to purchase designated Central Government securities on the same basis as domestic investors; the Reserve Bank will notify which securities are specified securities, which once designated remain eligible under the FAR until maturity, and new issuances of specified tenors will be eligible with the Reserve Bank able to add or change tenors.
Implementation of the Track and Trace system for export of Pharmaceuticals and drug consignments along with maintaining the Parent-Child relationship in the levels of packaging and their movement in supply chain — Extension of date of implementation
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Track and Trace system implementation extended for pharmaceutical export packaging compliance and mandatory Central Portal uploads.
The Handbook of Procedure is amended to substitute the implementation date in Para 2.90A (vi) and (vii), extending the period for implementation of the Track and Trace system for export drug formulations. The extension covers maintenance of the Parent-Child relationship across packaging levels and required upload on the Central Portal, and applies to both small scale industry and non-small scale industry manufacturers.
‘Fully Accessible Route’ for Investment by Non-residents in Government Securities
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Fully Accessible Route enables unrestricted non-resident investment in specified government securities and reporting obligations apply.
The Fully Accessible Route permits persons resident outside India to invest in Reserve Bank notified Government of India dated securities without quantitative limits, exempts such investments from specified limits in prior A.P. (DIR Series) circulars, and treats existing eligible holdings as FAR investments. FPIs, NRIs, OCIs and other permitted entities may invest under existing arrangements; other eligible investors may use International Central Securities Depositories as notified. FPIs must realign MTF investments within one year, and all FAR investments remain governed by FEMA and RBI directions.
Investment by Foreign Portfolio Investors (FPI): Investment limits
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FPI investment limit increase raises corporate bond ceiling while government security caps await separate notification.
FPI holdings in corporate bonds are increased to a ceiling of 15% of outstanding stock for FY 2020-21, with revised half yearly rounded limits specified for Apr-Sep 2020 and Oct 2020-Mar 2021. Revisions to limits for Central Government securities and State Development Loans will be advised separately and current limits remain applicable until then. Authorized Dealer Category I banks must notify their constituents; directions issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999.
13/2020 - 30-03-2020 Companies Law
Modification to LLP Scheme 2020
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LLP settlement scheme: defaulting LLPs may file belated documents with ordinary fees and obtain immunity from prosecution.
The modified LLP Settlement Scheme permits defaulting LLPs to file belated documents due up to 31st August, 2020 by paying ordinary filing fees via MCA-21, with no additional fees, and grants immunity from prosecution for defaults rectified by 30th September, 2020; the scheme excludes LLPs that have applied for striking off under Form 24 and defines key terms.
12/2020 - 30-03-2020 Companies Law
Companies Fresh Start Scheme, 2020
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Companies Fresh Start Scheme allows defaulting companies to regularise filings with normal fees and limited immunity from prosecution.
The Companies Fresh Start Scheme, 2020 permits defaulting companies to file belated documents by paying only normal fees and to obtain immunity from prosecution or penalties strictly insofar as such proceedings relate to delay in filing; applications for immunity require withdrawal of prior appeals, electronic filing of Form CFSS-2020 after documents are taken on file, and must be made within six months of the Scheme's closure, subject to specified exclusions and transitional measures.
Retrospective issuance of Certificates of Origin under India’s Trade Agreements.
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Retrospective Certificates of Origin allowed, permitting provisional preferential imports pending later production of origin documents.
Indian agencies authorised to issue Certificates of Origin will issue them retrospectively after reopening; meanwhile customs and competent authorities in partner jurisdictions may provisionally admit eligible imports to preferential treatment subject to subsequent production of the retrospectively issued Certificates of Origin, and India will honour preferences if partner governments make a formal request or public notice.
Request for Amendments and Waiver of Late Fee Charges in the Bills of Entry and regularization of Prior & Advance Bills Of Entry through e-mail procedure as facilitation during outbreak of COVID-19
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Waiver of late fee charges: email-based amendment and regularization permitted for Bills of Entry during COVID-19 disruptions.
Electronic submission by email is authorised for requests to amend Bills of Entry, seek waiver of late fee charges, and finalise prior and advance Bills of Entry by providing specified shipment and bill details to designated ICD email addresses; Port A.C./D.C. will process requests, notify shortcomings, send confirmation upon regularization, and maintain printed records, with trade required to endorse a copy to a monitoring email.
Print out of Final Bill of Entry– A Facilitation Measure During breakout of COVID-19
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Facilitation of Final Bill of Entry printouts via electronic requests to reduce physical contact and allow FIFO processing.
Printout of the Final Bill of Entry may be requested by importers or their representatives by email or SMS/WhatsApp to Xeam Ventures Service Centre after grant of Out of Charge, specifying bill of entry number and date; requests will be processed on a First In First Out basis from a daily staff roster and collected at the representative's convenience. The Service Centre supervisor will ensure timely handling and unresolved matters may be escalated to the named Joint Commissioner. Actions under this public notice are to be treated as a Standing Order for officers and staff.
Request for Amendments and Waiver of Late Fee Charges in the Bills of Entry through e-mail procedure as facilitation during outbreak of COVID-19
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Email requests for bill of entry amendments and late fee waivers permitted; designated officers will process and monitor.
Request for amendments to Bills of Entry and waivers of late fee charges may be submitted by email to designated Deputy/Assistant Commissioners for respective Appraising Groups; the concerned officers will process requests, retain printed copies in group records, and notify rostered in office officers if working remotely. Each emailed request must be endorsed to specified monitoring officers who will oversee disposal, with a named contact for escalation. Actions under this notice shall operate as a Standing Order for officers and staff.
Clarification on contribution to PM CARES Fund as eligible CSR activity under item no. (viii) of the Schedule VII of Companies Act, 2013
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Contribution to PM CARES Fund qualifies as CSR expenditure, allowing corporate donations for emergency relief under Schedule activities.
Contributions to the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund), set up to provide relief in emergencies, are clarified to qualify as CSR expenditure under the Companies Act because Schedule-authorized activities include contributions to Central Government funds for socio-economic development and relief.

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Clarification on Export of API/Formulations (Restricted) under Advance Licence

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Export permission for restricted formulations under advance licences issued before the notification allowed, with no quantity enhancement permitted.
Permission allows export of formulations derived from restricted APIs under existing Advance Licences issued before the Notification, limited to ITCHS ... Summary

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Acts Income Tax