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Circulars
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Relaxation from compliance with certain provisions of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 due to the COVID-19 pandemic.
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SAST compliance relaxation extended for disclosure filings to address COVID-19 related logistical constraints and travel restrictions.
Extension of filing deadlines for disclosures under the SAST Regulations is granted as temporary regulatory relief due to COVID-19 logistical constraints; disclosures required under Regulations 30(1), 30(2) and 31(4) for the financial year ending March 31, 2020 are extended to June 01, 2020, effective immediately, with stock exchanges instructed to notify stakeholders.
Print out of Final Bill of Entry– A Facilitation Measure During breakout of COVID-19
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Printout facilitation for Final Bill of Entry: electronic requests accepted and FIFO processing to reduce in person collection.
Importers and representatives may request printouts of out of charged final Bills of Entry by email or SMS/WhatsApp to designated CMC Service Centre staff after grant of Out Of Charge, specifying the BE number and date. Staff availability is published by roster, requests are processed on a first in, first out basis, completed printouts may be collected from the Service Centre, and unresolved matters may be escalated to the in charge and then to the Joint Commissioner (EDI).
Facilitation measures of Clearance of Import Cargo due to delay arising in Outbreak of COVID-19
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Late fee waiver for delayed import bill filings due to COVID 19 to facilitate clearance despite document delays.
In view of COVID 19 related delays in receiving documents and filing on ICEGATE, late filing of Bills of Entry for consignments linked to Import General Manifests filed on or after 20 March 2020 will not attract late fee charges until further orders; this measure, notwithstanding existing amendment regulations and Section 46(3) proviso of the Customs Act, is directed as a facilitation in the public interest and shall operate as a standing order for officers, with implementation difficulties reportable to designated import officials.
Invitation of applications for empanelment of Chartered Engineers for examination/ valuation of second/ old and used machinery/goods etc in the jurisdiction of Air Cargo Complex (Import), Mumbai Customs Zone-Ill
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Empanelment of chartered engineers: application deadline extended for valuation of used machinery due to COVID-19 restrictions.
Invitation for empanelment of Chartered Engineers to examine and value secondhand, old and used machinery and goods in the Air Cargo Complex (Import), Mumbai Customs Zone-III; applicants must submit duly filled and signed applications with supporting documents. The public notice extends the application submission deadline in view of COVID-19 containment measures, and maintains all other provisions of the earlier public notice except for amendments to paragraphs 6 and 17.
Request For Regularization of Prior & Advance Bills Of Entry through E- Mail Procedure – A Facilitation Measure During outbreak of COVID-19
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Regularization of Bills of Entry via email allowed; EDI to finalize requests and issue confirmations to trade stakeholders.
Requests for regularization of prior and advance Bills of Entry shall be submitted by email to the designated EDI inbox with a copy to the Nodal Officer and must include IGM number and date, Bill of Lading number and date, Bill of Entry number and date and Group. The EDI officer will finalize requests that are in order, notify requesters by email of any shortcomings, and send confirmation emails where regularization is completed. The Nodal Officer will monitor disposal of all requests and the measures will operate 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-based amendment requests for bills of entry allowed, with waiver applications processed and monitored to reduce physical contact.
Requests for amendments to bills of entry and waiver of late fee may be submitted by email to designated Deputy/Assistant Commissioners; concerned officers shall act on such emailed requests, retain printed copies as record, and trade must endorse copies to specified monitoring officers who will oversee disposal; actions under this procedure constitute a Standing Order.
Practice of assessment of Petroleum products under Chapter 27-Review thereof
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Petroleum product assessment practice revised: new PTR validity and testing conditions now dictate customs clearance procedures.
Representative sealed samples of consignments under CTH 27101951-27101990 will be drawn and sent to DYCC for testing on first check, except where an acceptable test report dated after 01.01.2020 and not more than six months old exists and specified conditions are met. Valid PTRs (post-01.01.2020, six months old, covering identical goods, grade, specifications, COO and supplier) permit either final second-check assessment when both importer and supplier are manufacturers, or provisional second-check assessment with mandatory DYCC testing when the supplier is not a manufacturer. All other imports require first check assessment with DYCC testing. Importers must upload supporting documentation and PTR details on E-Sanchit; PTRs dated before 01.01.2020 will not be accepted for future consignments.
Request for Amendments and/or 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 amendments and waiver of late fees accepted for Bills of Entry during COVID-19 with monitoring and record-keeping.
Requests for amendments to Bills of Entry and for waiver of late fees may be submitted by e mail to specified appraisal group addresses; designated Deputy/Assistant Commissioners or their rostered alternates will process such requests and retain printed e mail records. Each request must be endorsed to named monitoring officers who will oversee disposal. The procedure is to be publicized to trade, treated by departmental officers as a standing order, and any difficulties reported to the Additional Commissioner (Technical).
Facilitation of clearance of import containers due to lockdown declared by the Govt. of India
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Waiver of late fee for belated Bills of Entry due to lockdown, applicable to import consignments from specified IGMs until further orders.
A public notice directs waiver of the late fee under the Bill of Entry (Forms) Amendment Regulations, 2017 and the second proviso to section 46(3) of the Customs Act, 1962 for belatedly filed Bills of Entry that relate to IGMs filed on or after 20 March 2020; the waiver remains in force until further orders and is to be treated as a standing order for officers and staff, with trade asked to report any difficulties.
Facilitation of Clearance of Import Cargo by waiver of late filing fees
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Waiver of late filing charges: fee waivers available for delayed Bills of Entry; ICES enables waiver without reassessment.
Late filing charges for Bills of Entry relating to inward manifests filed on or after March 2020 are waived due to COVID 19 disruptions until further orders. A new ACL menu option in ICES allows officers with the ACL role to waive late filing charges without recalling the Bill of Entry, provided the waiver is granted before duty payment and after approval by the designated proper officer; trade should approach DC/AC for processing.
24x7 Clearance- extension of examination, assessment and clearance at Mangalore Customs
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Round-the-clock clearance availability; designated officers available for urgent lifesaving cargo outside regular hours-contact details provided.
Extension of round the clock clearance operations establishes a duty roster and designates specific officers with contact numbers to be reached for after hours assessment and examination of urgent lifesaving consignments; actions under this notice are to be treated as a standing order and a Joint Commissioner is named for escalation of implementation difficulties.
Risk Management and Inter-bank Dealings- Participation of Banks in Offshore Non-deliverable Rupee Derivative Markets
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Non-deliverable rupee derivatives permitted for authorised banks to transact with non-residents via IBUs and branches.
Banks in India holding an Authorised Dealer Category 1 licence and operating IFSC Banking Units may offer non deliverable derivative contracts involving the Rupee to persons not resident in India. A Non deliverable derivative contract is defined as a Rupee foreign exchange derivative with a non resident counterparty settled without delivery of Rupee. Such transactions may be undertaken through IBUs, Indian branches, or foreign branches, and AD Category 1 banks with IBUs may transact NDDCs with other IBUs and overseas banks.
Further relaxations from compliance with certain provisions of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (LODR) and the SEBI circular dated January 22, 2020 relating to Standard Operating Procedure due to the CoVID -19 virus pandemic
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Compliance relaxations under LODR extend filing and committee meeting deadlines and defer SOP enforcement to later compliance periods.
SEBI temporarily extends selected LODR compliance timelines and defers the operation of its SoP on enforcement. Extensions cover the half yearly Practicing Company Secretary certificate and AGM timing for top listed entities; annual meeting requirements for Nomination and Remuneration, Stakeholders Relationship and Risk Management Committees are permitted within an extended window. The SoP on enforcement is deferred to a later compliance period while an earlier SoP remains effective until then. Publication of notices in newspapers is exempted for a specified interim period. Stock exchanges must notify listed entities and disseminate the circular under SEBI's regulatory powers.
Customs clearance at Ports/ Dry ports for Cargo Movement and Trade Facilitation on account of Covid-19 virus
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Round-the-clock customs clearance to maintain uninterrupted import-export movement during COVID-19; electronic endorsements and email acknowledgements permitted
Customs clearance at ports, dry ports and entry points in the Pune Commissionerate is designated essential and will operate round-the-clock to prevent disruption of import-export cargo movement; electronic endorsements and email acknowledgements are authorised and designated email addresses are published for operational use, with departmental officers required to treat the notice as a standing order and monitor mailboxes daily.
Facilitation of Clearance of Import Cargo due to delay arising due to outbreak of Corona Virus
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Late fee waiver for delayed bills of entry due to pandemic facilitates import clearance; temporary suspension until further notice.
Bills of entry delayed due to difficulties caused by the Corona Virus outbreak will not attract late fee charges for import consignments whose IGMs were filed on or after 20th March, 2020; this temporary waiver remains in effect until further orders and is to be treated as a Standing Order for officers, with specific difficulties to be escalated to the ADC (AP & ACC).
Facilitation of Clearance Of Import Cargo Due To Delay Arising Due to Outbreak Of Corona Virus- waiver of late fee
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Waiver of late fee for delayed bills of entry due to coronavirus; late filing won't attract fees until further orders.
Import clearance facilitation: delayed Bills of Entry related to IGMs filed on or after 20 March 2020, where lateness arises from coronavirus-related difficulties in obtaining documents or accessing ICEGATE, will not attract late fees for the time being and till further orders; officers must treat this Public Notice as a standing order and report implementation issues to the ADC/JC or DC in charge of Appraising Groups.
Clarification in respect of issues under GST law for companies under Insolvency and Bankruptcy Code, 2016
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Operational debt moratorium protects pre insolvency GST liabilities and requires IRP/RP to obtain new registration and comply with GST obligations.
Pre CIRP GST dues are treated as operational debt and recovery is stayed by the IBC moratorium; such dues should be filed as claims before the insolvency tribunal. GST registration of an entity undergoing CIRP must not be cancelled (suspension permitted) and the IRP/RP need not file pre CIRP returns. The IRP/RP is a distinct person required to obtain new GST registration in relevant jurisdictions, file the first return under section 40, comply with GST obligations during CIRP, and may avail limited ITC on invoices bearing the erstwhile GSTIN in the first return; cash ledger deposits made under the erstwhile registration during the transitional period are refundable.
Clarification in respect of apportionment of input tax credit (ITC) in cases of business reorganization under section 18 (3) of UPSGST Act read with rule 41(1) of UPSGST Rules
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Input tax credit apportionment in business reorganization is clarified for demerger, asset ratios, and filing of ITC-02.
Apportionment of input tax credit under section 18(3) and rule 41(1) is clarified for business reorganization, including demerger, merger, amalgamation, lease and transfer with liabilities. In demerger, the transferable ITC is to be apportioned by the ratio of the value of assets of the new units as specified in the scheme, using the State-level value of assets and not an all-India basis. The formula applies to total unutilized ITC, including CGST, UPGST, IGST and Cess, and the relevant ITC balance is the amount available on the date of filing FORM GST ITC-02.
Clarification in respect of appeal in regard to non-constitution of Appellate Tribunal
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GST appeal procedure: pending appellate matters must be decided without waiting for tribunal constitution.
Appeals against orders of adjudicating authorities under the Uttar Pradesh GST law lie before the prescribed appellate authority, namely the Additional Commissioner (Appeals), within the statutory period. Further appeal against the appellate authority's order lies to the Appellate Tribunal under section 112, and the non-constitution of the tribunal does not justify keeping appeals pending. The time limit for filing before the tribunal is to be counted from the date the State President enters office, and pending appeals should be disposed of expeditiously.
Reverse Charge Mechanism (RCM) on renting of motor vehicles
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Reverse charge mechanism on motor vehicle renting clarified for body corporate supplies, with GST liability tied to supplier billing choices.
Reverse charge mechanism for renting of motor vehicles applies only where the supplier is other than a body corporate, does not issue an invoice charging GST at 12%, and supplies the service to a body corporate. The clarification distinguishes the two available tax options for such services: 5% GST with limited input tax credit, or 12% GST with full input tax credit. If GST at 12% is charged by the supplier, the recipient is not liable under reverse charge; if not, the recipient is liable. The amendment is clarificatory and applies retrospectively.

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Facilitation of Clearance of Import Cargo by waiver of late filing fees

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Waiver of late filing charges: fee waivers available for delayed Bills of Entry; ICES enables waiver without reassessment.
Late filing charges for Bills of Entry relating to inward manifests filed on or after March 2020 are waived due to COVID 19 disruptions until further ... Summary

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Acts Income Tax