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Circulars
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Levy and Collection of Social Welfare Surcharge(SWS) on imports under various schemes such as Merchandise Exports from India Scheme(MElS), Services Exports from India Scheme (SEIS), etc
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Social Welfare Surcharge on imports must be paid in cash; duty credit scrips cannot discharge the surcharge.
Social Welfare Surcharge is an additional Customs duty on imported goods, calculated on the aggregate of duties, taxes and cesses under section 12 of the Customs Act. Duty credit scrips under MEIS/SEIS serve only as a mode of payment for Basic and certain Additional Customs Duties and do not permit debit of SWS. In line with Supreme Court precedent, SWS is not exempted by existing FTP or exemption notifications and therefore must be paid in cash going forward, while past debits of SWS to scrips will be retained.
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; cannot be debited against duty credit scrips for imports.
The Social Welfare Surcharge is leviable on imports as a customs duty calculated on aggregate duties, taxes and cesses, and is not exempt under the Foreign Trade Policy or customs exemption notifications. Duty credit scrips (MEIS/SEIS) are payment instruments for specified customs duties but do not permit debit of SWS; SWS must be paid in cash. System changes enforce this practice, and past debits of SWS to scrips up to the stated cutoff are accepted without recovery.
ICES Advisory 01/2020 (SCMTR) dated 13.01.2020-Registration and Application process for all the stakeholders
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ICEGATE registration requirement ensures stakeholders adopt new Sea Cargo Manifest electronic messaging formats before mandated switchover.
Registration on ICEGATE is required for all stakeholders to file new Sea Cargo Manifest messages; during testing stakeholders must submit manifests in both existing and new formats. Different entity types follow a phased testing schedule; notified carriers must register a National Surety Bond before approval, while certain operators receive automatic approval. Entities performing multiple roles must submit separate ICEGATE applications for each role. Applicants may reply online to officer queries but cannot upload additional documents in replies, and must submit a self-declaration of no pending cases with the application.
Exemption from clubbing of investment limit for foreign Government agencies and its related entities
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Foreign portfolio investors: exemptions from clubbing of limits by treaty and updated operational, KYC and monitoring rules.
SEBI amended Operational Guidelines to exempt certain foreign government agencies and related entities from clubbing of investment limits where such exemption is provided by treaty, agreement or Central Government order, and issued consolidated Operational Guidelines under the SEBI (FPI) Regulations, 2019 covering FPI registration, KYC and BO requirements, investor-group and individual limit monitoring with depository-level red-flag alerts, breach notification and proportionate disinvestment procedures, ODI issuance and reporting rules, and operational requirements for DDPs, custodians and exchanges.
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 service copy and that all required procedural steps are observed; no ex-parte assessment is permitted where the notice has not been properly served.
Income-tax Deduction from salaries during the Financial Year 2019-20 under section 192 of the Income-tax Act, 1961
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Income tax deduction from salaries for FY2019 20: prescribed rates, PAN/Aadhaar rules, evidence requirements and employer reporting obligations.
The Circular prescribes tax slab rates, surcharge bands and 4% health and education cess for FY 2019-20, and directs persons responsible for paying salaries to estimate an employee's annual salary (after allowable exemptions/deductions), compute tax at prescribed rates subject to sec. 206AA, and deduct TDS at each payment with intra year adjustments permitted. Employers may elect to pay tax on non monetary perquisites (taxed at the average rate) and must collect prescribed evidence (Form 10E, Form 12BB, computation of house property loss, Form 12BA) before allowing exemptions or deductions; reporting, deposit, Form 16/24Q/24G procedures and penalties for non compliance are set out.
Hedging of Commodity Price Risk and Freight Risk in Overseas Markets (Reserve Bank) Directions, 2018 - Amendment
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Hedging reporting requirement: banks must file quarterly XBRL reports on overseas commodity and freight hedges; "Nil" if none.
Banks must file quarterly XBRL-format reports on overseas commodity price and freight hedging transactions to the Financial Markets Regulation Department via the designated XBRL portal in the format in Annexure I; if there are no transactions, a "Nil" report must be submitted. This substitutes Paragraph 10 of the 2018 Directions and is issued under the foreign exchange regulatory framework without prejudice to other legal permissions.
Implementation of PGA e-SANCHIT– Paperless Processing under SWIFT-Uploading of Licenses/Permits/Certificates/Other Authorizations (LPCOs) by PGAs
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PGA e-SANCHIT paperless LPCO uploading now mandatory; beneficiary uploads disabled and PGAs must upload recent LPCOs.
Implementation of e-SANCHIT requires PGAs to upload digitally signed LPCOs onto the platform; four additional PGAs increase the total to forty-seven. Beneficiaries will be barred from uploading previously issued LPCOs after the cut-off date, so PGAs must upload LPCOs issued in the 15 days before that date and may upload earlier LPCOs. PGAs must use ICEGATE-registered email addresses for beneficiary communication; formations must ensure correct registration and issue public notices, with feedback directed to the ICEGATE helpdesk.
Amendments in Standard Input Output Norms (SION) of Engineering Product group: Suspension of SION C-888
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Suspension of input-output norms for stainless steel washers imposes immediate change; exporters may seek advance authorization.
Amendment suspends SION C-888 for exports of stainless steel washers with immediate effect; exporters seeking to export the affected product must apply for Advance Authorization under Paragraph 4.07 of the Handbook of Procedures 2015-20 as the available mechanism in lieu of the suspended norm.
ICES Advisory 01/2020 (SCMTR) dated 13.01.2020 - Registration and Application Process for all the Stakeholders
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Sea cargo manifest registration requires stakeholders to apply through ICEGATE, complete testing, and comply with role-specific approval and bond conditions.
Sea Cargo Manifest Regulations require covered stakeholders to register on ICEGATE and make role-specific applications before filing revised electronic messages. Other Notified Carriers must register a National Surety Bond before approval, while Authorized Terminal Operators and Authorized Custodians receive automated approval, subject to MFTP onboarding for custodians. Entities undertaking multiple roles must apply separately for each role. Applicants may answer queries online, with additional documents examined manually where required.
Renewal of appointment of M/s. Sarveshwar Logistics Services Pvt. Ltd. as “Custodian”
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Custodian appointment renewed with conditions requiring compliance with Customs Act and Handling of Cargo in Customs Areas Regulations.
The Commissioner renews M/s. Sarveshwar Logistics Services Pvt. Ltd.'s appointment as Custodian for imported goods until clearance, warehousing, or transhipment and as custodian of export cargo for examination and stuffing, under Sections 45(1) and 141(2) of the Customs Act, 1962. The firm's appointment as Customs Cargo Services Provider is renewed under Regulation 10 of the Handling of Cargo in Customs Areas Regulations, 2009, subject to compliance with the Customs Act and HCCA Regulations, provision of office space for scanning documents, and review or revocation by the Commissioner for non-compliance.
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 on imports remains payable in cash where customs duties are discharged through export incentive scrips.
Social Welfare Surcharge on imports is a separate customs levy and remains payable unless specifically exempted. MEIS, SEIS and comparable duty credit scrips permit debit of Basic Customs Duty and specified Additional Customs Duties, but do not permit debit of Social Welfare Surcharge. Such scrips are a mode of duty payment, not a substantive exemption from duty. Accordingly, Social Welfare Surcharge must be paid in cash for imports cleared through duty credit scrips, while past surcharge debits through those scrips are accepted without cash recovery.
ICES Advisory 01/2020 (SCMTR) dated 13.01.2020 Registration and Application Process for all the Stakeholders
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Sea cargo manifest registration on ICEGATE required; stakeholders must register and begin testing new message formats before rollout.
Registration under the Sea Cargo Manifest Regulations must be completed via ICEGATE by specified stakeholder categories so they can file designated messages; certain entities must register a national surety bond in the system prior to officer approval while others receive auto approval. During a transitional testing phase stakeholders must submit both legacy and new-format messages; ICEGATE will provide monitoring dashboards and checklists, and online replies to officer queries are permitted though additional documents may need manual submission.
Reverse Charge Mechanism (RCM) on renting of motor vehicles
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Reverse Charge Mechanism on vehicle renting applies where supplier does not charge the higher GST rate, shifting tax to recipient.
RCM applies to renting of passenger motor vehicles with fuel included when the supplier is other than a body corporate, does not issue an invoice charging the higher GST rate that allows full input tax credit, and the recipient is a body corporate. Suppliers must not charge tax where RCM applies; if the supplier charges the higher GST rate, the recipient is not liable under RCM. The amendment is clarificatory and applied retrospectively for the stated earlier period.
Standard Operating Procedure to be followed in case of non-filers of returns- reg.
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GST return non-filing procedure requires electronic notice, best-judgment assessment, and recovery where returns remain outstanding.
Goa GST return non-filer procedure requires a notice in FORM GSTR-3A, allowing fifteen days to furnish the return. Continued non-filing of returns under sections 39 or 45 permits best judgment assessment under section 62 without a separate assessment notice. The proper officer may use return data, auto-populated supply details, e-way bill information, inspection material, and other available information to issue FORM GST ASMT-13. A valid return filed within thirty days of service of the assessment order results in deemed withdrawal; continued default may trigger recovery and registration cancellation.
Reverse Charge Mechanism (RCM) on renting of motor vehicles - reg.
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Reverse-charge liability for passenger motor vehicle rentals applies when non-corporate suppliers do not charge the higher GST rate.
Reverse-charge liability for passenger motor vehicle rentals with fuel included applies where a non-body-corporate supplier provides the service to a body corporate and does not issue an invoice charging GST at 12%. The body corporate recipient must discharge GST under reverse charge, while suppliers charging GST at 12% remain outside reverse charge and may avail full input tax credit. The position is clarificatory and also governs supplies during the period from 1 October 2019 to 31 December 2019.
Standard Operating Procedure to be followed in case of non-filers of returns
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Best judgment assessment after notice for GST return non-filing permits officers to assess liability and commence recovery procedures.
A system-generated reminder precedes the return due date; after the due date an immediate message is sent and, if return remains unfurnished, FORM GSTR-3A is issued five days later requiring return within fifteen days. If the taxpayer still fails to file, the proper officer may make a best judgment assessment under section 62, record it in FORM GST ASMT-13, upload the summary in FORM GST DRC-07, and use available data (GSTR-1, GSTR-2A, e-way bills, inspections). A valid return within thirty days of ASMT-13 service causes the assessment to be deemed withdrawn; otherwise recovery and further penal steps may follow.
Standard Operating Procedure to be followed in case of non-filers of returns
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Non-filing of GST returns: notice in FORM GSTR-3A followed by best judgment assessment if returns remain unfurnished.
Non-filing of GST returns requires system reminders and issuance of an electronic notice in FORM GSTR-3A five days after the due date, calling for return filing within fifteen days. If the return is not filed, the proper officer may make a best judgment assessment and issue FORM GST ASMT-13, relying on GSTR-1, GSTR-2A, e-way bills, inspection findings and other material; a valid return filed within thirty days of the ASMT-13 order causes the assessment to be deemed withdrawn.
Withdrawal of Circular No. 29/2019/GST, issued in CCTs Ref.in CCW/GST/74/2015, Dated 30.7.2019, dt. 30.07.2019
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Withdrawal of administrative circular: ab initio revocation of GST guidance on ITeS to secure uniform implementation.
The Chief Commissioner of State Tax has withdrawn ab-initio Circular No. 29/2019/GST, which provided clarifications on supply of Information Technology enabled Services (ITeS) under GST, in response to representations raising apprehensions, with the stated objective of ensuring uniform implementation across field formations; field officers are instructed to give wide publicity to the withdrawal.
Clarification on scope of the notification entry at item (id), related to job work, under heading 9988 of Notification issued in the G.O.Ms.No. 259, Revenue (Commercial Taxes-II) Department, Dated 29.06.2017 (Notification No11/2017-Central Tax (Rate), Dated 28.06.2017)
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Job work services classification clarified: distinct scope from manufacturing services on third party goods, confirming separate GST treatment.
The circular clarifies that the notification entry for job work services is confined to treatment or processing of goods belonging to another registered person as defined in the APGST Act, and that the entry for manufacturing services on physical inputs owned by others excludes those job work services and therefore applies only to services on goods owned by persons not registered under the APGST Act.

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Standard Operating Procedure to be followed in case of non-filers of returns

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Notice to return defaulter triggers best-judgment assessment if return not filed within specified period, and recovery may follow.
Issuance of a notice in FORM GSTR-3A is required for return non-filing, giving the registered person 15 days to furnish the return; failure to do so ... Summary

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Acts Income Tax