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Circulars
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Regarding the review meeting of zonal/divisional officers of the Commercial Tax Department held by the Hon’ble Chief Minister on 12 and 20 November 2019
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Service tax compliance in showroom leasing arrangements sought for report on building owners' obligations under the rules.
A State Government communication asked the Commercial Tax Commissioner to submit, within one week, a report on whether building owners who have leased premises for large showrooms are paying the applicable service tax in accordance with the rules. The request was made in the context of a review of zonal and divisional officers of the Commercial Tax Department and sought a factual account of compliance with service tax obligations in such leasing arrangements.
Seamless Availability of Benefits to Authorized Operators (AEO) Certificate- holders
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AEO holders to receive streamlined customs facilitation, tiered operational benefits, and reduced bank guarantees under Pune Customs.
Standing Order No.05/2020 directs Pune Customs officers to ensure seamless extension of prescribed AEO benefits and remove implementation hurdles; it prescribes tiered operational facilitation by AEO category (T1, T2, T3 and LO) including expedited cargo release, Direct Port Delivery/Entry, reduced or waived bank guarantees, prioritized scanning and assessments, periodic onsite PCAs, paperless declarations, Client Relationship Managers, and specified refund timelines, and requires outreach to listed top non-AEO importers/exporters with reporting to the AEO Programme Manager.
"Implementation of Ease of Doing Bussiness(EODB) Score card"
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Customs brokers EODB score card introduced to track advance B/E, e Sanchit uploads, assessment/payment and registration dwell times.
A mandatory EODB score card will be implemented for customs brokers using a weighted four parameter model on a five point scale: Advance/Prior B/Es filed, average e Sanchit documents per B/E, assessment to payment dwell time, and payment to registration dwell time. Monthly scorecards, showing individual and top parameter scores, will be emailed privately to brokers for self monitoring; JNCH served as a pilot and sample reporting formats (BE counts, prior BE, e Sanchit averages, dwell times) are provided.
ICES Advisory 06/2020 - Additional Information to be furnished in Shipping Bill w.e.f. 15.02.2020
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Shipping Bill data requirements mandate origin, quantity, trade-agreement and cess declarations, alongside eSanchit invoice references for exports.
Shipping Bill filings must include mandatory item-level declarations of State and District of Origin, Standard Unit Quantity Code, preferential trade agreement status, and GST Compensation Cess in the Single Window table. District codes must correspond to the declared State of Origin, and SQC must be separately declared even where it matches the commercial unit. Every Shipping Bill invoice must be uploaded through eSanchit, with its Image Reference Number and the relevant invoice or invoice-cum-packing-list document code declared in the Shipping Bill.
04/2020 - 17-02-2020 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 procedures for insolvency professionals: INC-28 approval enables IP to act as CEO for company e-form compliance.
The Insolvency Professional must file the tribunal appointment order in Form INC-28 on MCA-21 selecting "Others"; the ROC will approve or reject the filing. Once INC-28 is approved the IP will appear as the designated Chief Executive Officer in company master data and be authorised to file and sign required e-forms (with specified certifications where applicable). The IP must refile INC-28 on resolution plan approval, liquidation initiation or CIRP withdrawal, and must file any tribunal stay or set aside order in INC-28 so the company status and filing authorisation are updated.
Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117(1A) of the Tripura State Goods and Services Tax Rules, 2017 in certain cases.
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FORM GST TRAN-1 filing deadline extended for eligible registered persons affected by common portal technical difficulties.
FORM GST TRAN-1 filing deadline under rule 117(1A) of the Tripura State Goods and Services Tax Rules, 2017 was extended until 31 March 2020 for registered persons unable to submit the declaration by the due date because of technical difficulties on the common portal. The extension is confined to cases recommended by the Council and supersedes the earlier specified order while preserving prior actions or omissions.
Applicability of Minimum Import Price on Import of Cashew Kernels for SEZ/EoU units
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Minimum import price exemption for SEZ and EOU imports of cashew kernels confirmed; MIP not applicable to such units.
The Directorate General of Foreign Trade confirms that the Minimum Import Price on cashew kernels, as recently revised, is not applicable to imports by 100% Export Oriented Units (EOUs) and units in Special Economic Zones (SEZs), clarifying treatment for importers and DGFT regional authorities.
Renewal of appointment of M/s. Central Warehousing Corporation, Logistic Park as “Custodian” of the Imported goods.
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Custodian appointment renewed with Customs Cargo Services Provider approval, subject to regulatory compliance and review rights.
Renewal of the Custodian appointment and Customs Cargo Services Provider approval for M/s. Central Warehousing Corporation, Logistic Park covers the Container Freight Station at Bhendkal, Dronagiri Node, for approximately 29.8 hectares; the custodian will hold imported goods until clearance, warehousing, or transshipment and manage export cargo examination and stuffing. The approval is subject to compliance with the Customs Act and the Handling of Cargo in Customs Areas Regulations, 2009, is granted for a fixed term commencing mid March 2020, and is reviewable or withdrawable by the Commissioner for non compliance or government direction.
Implementation of PGA e-SANCHIT– Paperless Processing Under SWIFT-Uploading of Licenses/Permits/Certificates/ Other Authorizations (LPCOs) by PGAs
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Paperless Processing under PGA e SANCHIT: beneficiaries barred from uploading LPCOs; PGAs must upload recent authorizations.
e SANCHIT requires PGAs to upload digitally signed LPCOs on the platform; beneficiaries' ability to upload LPCOs will be deactivated at the cut off. PGAs must upload LPCOs issued during the 15 days before the cut off and may upload earlier LPCOs to enable beneficiary use. Communication and IRNs will be sent to email addresses registered in ICEGATE; beneficiaries must ensure correct email registration, including use of simplified auto registration based on GST email ids for limited e SANCHIT functions without digital signatures. The notice functions as a standing order and operational issues should be reported to the Appraising Main officials.
Issuance of H, G and Self category customs pass/ card under regulation 13 of the CBLR 2018
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Customs pass issuance requirements updated: documentation, verification, transfer and surrender obligations with set processing timelines.
Issuance, transfer, renewal and replacement of H, G and Self category customs passes under Regulation 13 of the CBLR 2018 require specified documentary submissions (identity, education, ICEGATE, IEC/GST, appointment, business volume), police/CID verification and, for G category, exam result; transfers need cancellation from the previous employer and affidavits where gaps exceed six months. Applications are scrutinised with deficiency memos issued within fifteen working days and cards issued within forty five working days if complete; renewals require submission at least thirty days before expiry and passes must be surrendered on termination.
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 must be paid in cash on imports; duty credit scrips cannot discharge the surcharge.
Levy of Social Welfare Surcharge (SWS) applies on imported goods even when Basic and Additional Customs Duties are debited through duty credit scrips under export incentive schemes; SWS is a distinct customs duty under the Finance Act and is not exempted by the Foreign Trade Policy or exemption notifications. Duty credit scrips are a mode of payment for specified duties but do not cover SWS, which must be paid in cash prospectively. Past debits of SWS to duty credit scrips will be accepted and no recoveries will be insisted for those cases.
LIQUIDATION OF PENDING DRAWBACK CLAIMS
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Drawback claim compliance: exporters must respond to EDI queries promptly or claims will be processed as zero.
Exporters, brokers and custodians must reply to EDI queries on pending duty drawback claims promptly to trigger automatic disbursement; claim status is available on the ICEGATE portal. If replies are not submitted or are unsatisfactory within the prescribed period, the claim will be rejected and processed as zero, after which exporters may file supplementary claims under the applicable drawback rules with requisite documents. Contact the jurisdictional Deputy/Assistant Commissioner for assistance.
Electric and Electronic Waste (e-waste) management
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E-waste management: bulk consumers must channelize waste to authorized recyclers and file annual returns.
Bulk consumers must channelize e waste to authorised collection centres, dismantlers or recyclers or designated take back services; maintain records of e waste in Form 2 and make them available to the State Pollution Control Board; file an annual return in Form 3 to the concerned State Pollution Control Board by June 30 following the financial year; ensure e waste is not admixed with radioactive material; and ensure dismantlers and recyclers hold SPCB/Committee authorisation.
ICES Advisory 01/2020 (SCMTR) dated 13.01.2020 — Registration and Application Process for all the Stakeholders
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Registration under Sea Cargo Manifest Regulations required for all stakeholders to file new-format manifests and complete ICEGATE enrollment.
All stakeholders must register on ICEGATE and apply from within their ICEGATE login to obtain permissions to file entity specific messages under the Sea Cargo Manifest Regulations. During the interim testing phase stakeholders must send manifests in both existing and new formats; entity types are listed with message obligations and specific requirements (for example, National Surety Bond registration for certain carriers), while some roles receive automatic approval. Separate applications are required for multiple roles; online replies to officer queries are permitted but additional documents must be produced manually; self attested no pending case declarations are acceptable unless contradicted.
Minutes of the 95th meeting of the. Board of Approval for SEZ held on 14th February, 2020 to consider setting up of Special Economic Zones and other miscellaneous proposals
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Extension of SEZ approvals: Board authorised multiple LoA/LoP extensions and co-developer transfers subject to compliance conditions.
The Board approved multiple extensions of formal approvals, Letters of Approval and Letters of Permission for SEZ developers and units, authorised specific co-developer recognitions and increases in co-developer built-up allotments, and granted conditional in-principle or transfer approvals for changes in shareholding subject to continuity of SEZ obligations, fulfilment of developer/co-developer eligibility and regulatory compliances, disclosure of financial and tax jurisdiction details, and recognition of tax assessment rights. Several proposals were approved subject to Development Commissioner oversight for compliance; other matters were deferred for further examination or additional submissions.
Amendments to remove the pre-export conditions for the items mentioned against SIONs E-121, E-122, E-123, E-124, E-127 and E-128
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Pre-export condition removal for specified SIONs permits import without prior EODC requirement under amended input-output norms.
The amendment deletes the pre-export condition in the Standard Input Output Norms for specified SIONs, removing the requirement that first export occur and import be allowed only after grant of an Export Obligation Discharge Certificate (EODC), thereby changing the prior import-authorization conditionality.
Standard Operating Procedure (SOP) to be followed by exporters
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Export verification procedures require submission of prescribed data and prompt jurisdictional checks before IGST refunds are released.
Procedure mandates risk based verification of exporters claiming IGST refunds to prevent monetisation of ineligible ITC; refund scrolls may be held and consignments subjected to full customs examination. Exporters must submit prescribed Annexure A information to jurisdictional CGST for verification, which authorities must complete within the prescribed working day timelines, with escalation to a nodal cell and to Principal Chief Commissioner/Chief Commissioner via Annexure B emails. Pending refunds beyond one month may be registered on the Board's portal for Committee review.
Reverse Charge Mechanism (RCM) on renting of motor vehicles
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Reverse Charge Mechanism on renting of passenger vehicles: recipient liable where supplier does not charge tax at higher rate.
Reverse charge applies to renting of passenger motor vehicles with fuel included when the supplier is non corporate, does not issue an invoice charging tax at the higher rate, and supplies to a body corporate; if the supplier charges tax at the higher rate the recipient is not liable under RCM, otherwise the recipient must pay tax under RCM. The amendment is clarificatory and applies retrospectively to avoid undermining the notification's operability.
Guidelines for Portfolio Managers
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Portfolio manager fee restrictions ban upfront fees, cap operating expenses, and limit exit loads over investment years.
SEBI mandates that Portfolio Managers cannot charge upfront fees, must charge brokerage at actuals, and cap operating expenses (excluding brokerage) at 0.50% per annum of a client's average daily AUM; exit loads are tiered with no load after three years. Managers must offer direct client on boarding without intermediary charges, standardise and disclose investment approaches across documents, submit monthly reports to SEBI and quarterly reports to clients, provide annual audited firm level performance and compliance certifications, and ensure distributors meet qualification, payment, disclosure and conduct requirements.
Implementation of PGA eSANCHIT - Paperless Processing under SWIFT- Uploading of Licenses/Permits/Certificates/Other Authorizations (LPCOs) by PGAs
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PGA eSANCHIT paperless processing: beneficiaries cannot upload LPCOs from 28 Feb; PGAs must upload recent LPCOs.
Implementation of PGA eSANCHIT brings three additional PGAs onboard, making fifty enabled PGAs. Beneficiaries will be barred from uploading previously issued LPCOs on eSANCHIT from 28.02.2020; PGAs must upload LPCOs issued during the 15 days prior to the cut-off and may also upload earlier LPCOs to enable beneficiary use. PGAs will communicate via email addresses registered in ICEGATE, leveraging the simplified auto-registration for limited eSANCHIT purposes without digital signatures; stakeholders must ensure correct ICEGATE email registration and report implementation difficulties to the Assistant Commissioner (EDI).

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Trade Facilitation - clearance of Import Cargo — possible delay in filing Bill of Entry due to precautionary measures on account of the outbreak of nCOVID-19 — waiver of the late fee under Sec 46 (3) of the Customs Act, 1962

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Waiver of late fee for delayed bill of entry filings due to COVID-19 precautions, applicable to relevant import manifests.
A waiver of the late fee is granted for Bills of Entry filed belatedly due to precautionary measures related to nCOVID-19; the waiver covers Bills of ... Summary

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Acts Income Tax