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Circulars
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23/2020 - 17-06-2020 Companies Law
Scheme for relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013
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Relaxation of charge filing timelines for CHG 1 and CHG 9 permits excluded COVID period reckoning and adjusted fee computation.
Temporary relief excludes the period from 1 March 2020 to 30 September 2020 (or from the charge date to 30 September 2020) from reckoning the statutory filing period for Form CHG-1 and Form CHG-9; if not filed within the excluded period counting resumes from 1 October 2020. Fee treatment: pre March charge filings on or before 30 September 2020 pay fees as on 29 February 2020, thereafter fees are computed by adding days from 1 October 2020 plus the period lapsed until 29 February 2020; post March charges filed before 30 September 2020 pay normal fees, otherwise counting for fees begins effectively from 1 October 2020. Certain filings are excluded from the Scheme.
Clarification in respect of levy of GST on Director's remuneration
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GST on director's remuneration: non employee directors' fees taxable under reverse charge; salaries not taxable.
Remuneration to non employee directors, including independent directors, is taxable and the company must pay GST under reverse charge. For directors who are employees, amounts recorded as salaries (with TDS under salary provisions) fall outside GST by virtue of Schedule III, while amounts separately treated as professional or technical fees (with TDS under professional fees provisions) are taxable and subject to reverse charge by the company.
Clarification on refund related issues
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Refund of accumulated input tax credit restricted to invoices reflected in GSTR-2A; exceptions for imports, ISD and RCM.
Refund of accumulated Input Tax Credit is restricted to ITC supported by invoices uploaded by the supplier in FORM GSTR-1 and reflected in the recipient's FORM GSTR-2A; this modifies earlier guidance that allowed refunds based on missing invoices uploaded by the applicant. The restriction does not affect refund treatment of ITC on imports, credits from an Input Service Distributor, or inward supplies liable to the Reverse Charge Mechanism, which continue to be treated as before.
Clarification in respect of levy of GST on Director’s remuneration
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GST on director remuneration: non employee directors' fees taxable and company must discharge GST under reverse charge.
Remuneration paid to directors who are not employees, including independent directors, is taxable and the company must discharge GST on it under the reverse charge mechanism. For directors who are employees, amounts treated and recorded as salaries are outside GST under Schedule III, while amounts separately identified as professional or technical fees are taxable and chargeable to GST on the company under reverse charge.
Clarification on refund related issues
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Refund of accumulated Input Tax Credit restricted to invoices reflected in GSTR-2A; imports and RCM credits unaffected.
Refund of accumulated Input Tax Credit is limited to ITC supported by invoices uploaded by the supplier in FORM GSTR-1 and reflected in the applicant's FORM GSTR-2A; refunds based on invoices uploaded by the applicant with the claim are no longer admissible. This restriction does not alter refund treatment for ITC on imports, ISD credits, and inward supplies subject to the Reverse Charge Mechanism, which continue under the prior practice.
SGSTDK- Submission of correct return under GST
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Correct GST Input Tax Credit reporting ensures proper IGST fund apportionment and requires amending prior returns where necessary.
Taxpayers must accurately report eligible ITC, reversals and ineligible ITC in Table 4 of GSTR-3B so GSTN settlement and IGST apportionment reflect true figures. Reversals under the applicable rules go in Table 4(B)(1), other reversals in 4(B)(2), total eligible ITC (including amounts subject to reversal but excluding ineligible credit) in 4(A), ineligible or blocked credits in 4(D), and Table 4(C) equals 4(A) minus 4(B). Prior omissions must be corrected in GSTR 9 or specified GSTR 3B periods as directed.
Clarification in respect of levy of GST on Director's remuneration.
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GST on director remuneration: non employee director services and non salary fees attract tax on reverse charge.
Payments to directors who are not employees are taxable and must be discharged by the company on reverse charge; for director employees, amounts recorded as salary and subjected to salary TDS are excluded under Schedule III, whereas amounts recorded and taxed as professional or technical fees are taxable and subject to reverse charge by the company.
Clarification on refund related issues.
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Accumulated input tax credit refunds require GSTR-2A reflected supplier invoices, while import, ISD and reverse-charge credits remain unaffected.
Refund of accumulated input tax credit is restricted to credit supported by supplier-uploaded invoices reflected in the applicant's FORM GSTR-2A. Credit relating to invoices not reflected in FORM GSTR-2A is not refundable merely on upload of invoice copies. The restriction does not affect input tax credit availed on import documents, Input Service Distributor invoices, or inward supplies liable to reverse charge; refund treatment for those credits continues unchanged.
22/2020 - 15-06-2020 Companies Law
Clarification on passing of ordinary and special resolutions by companies under the Companies Act, 2013 read with rules made thereunder on account of Covid-19 - Extension of time
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Virtual meetings for EGMs extended to end of September, permitting VC/OAVM or postal ballot under existing rules.
Companies may continue to hold extraordinary general meetings (EGMs) through video conferencing (VC) or other audio visual means (OAVM), or transact eligible items through postal ballot, in accordance with the procedures and safeguards specified in General Circular No. 14/2020 and General Circular No. 17/2020; this permission is extended until 30th September, 2020 and all other requirements in those Circulars remain unchanged.
Clarifications with respect to Circular dated February 05, 2020 on ‘Disclosure Standards for Alternative Investment Funds (AIFs)’
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Audit of PPM compliance required annually, with findings reported to trustees, manager and SEBI within six months.
SEBI requires an annual Audit of PPM compliance at each financial year-end, with audit findings and corrective steps reported to the Trustee/Board/Designated Partners, the Manager's Board and SEBI within six months; AIFs that have not raised funds must instead submit a Chartered Accountant's certificate of no fund-raising within the same period. For 2019-20 the compliance deadline is December 31, 2020. Associations representing at least one-third of AIFs may notify Benchmarking Agencies for mandatory AIF benchmarking agreements, and the timeline for initial industry benchmarks and AIF performance-versus-benchmark reports is extended to October 1, 2020.
Investment by the sponsor or asset management company in the scheme
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Sponsor investment requirement mandates placement into growth option, with alternate dividend options specified, effective immediately.
The sponsor or asset management company must make the prescribed minimum investment in the scheme's growth option; if growth is unavailable, the investment must be made in the dividend reinvestment option, and if that is unavailable then in the dividend option. The specification is effective immediately and issued under the regulator's powers to protect investors and regulate the securities market.
Reconstitution of the Advisory Committee on Corporate Insolvency Resolution and Liquidation
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Advisory Committee reconstitution: committee to advise on corporate insolvency resolution and liquidation and support Board functions.
The Board reconstitutes the Advisory Committee on Corporate Insolvency and Liquidation by appointing a Chairperson and members from banking, industry, credit information, rating, stock exchange, legal and insolvency professional sectors. Three named members have terms expiring on a near-term date; other members serve three-year terms from the order date. The Committee is charged to advise and provide professional support to the Board, on request or on its own motion, concerning corporate insolvency resolution and liquidation matters under the Code. A General Manager is designated Secretary to the Committee.
Minutes of the 40th GST Council Meeting held on 12th June, 2020
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GST Council: IGST apportionment and compensation mechanics reviewed; composition rule, removal-of-difficulty power and targeted interest relief agreed.
The Council approved Minute corrections from the 39th meeting; reviewed GST revenue, compensation cess and the unapportioned 2017-18 IGST balance, explaining a four-leg reversal and apportionment process and a May 2020 zero-cash transfer of Rs. 33,412 crore to the Compensation Fund with remaining settlements to be addressed by a GoM. TRU-II proposals to amend Rule 7 CGST for composition rates, notify Finance Act provisions extending Removal of Difficulty powers, and extend revocation-of-registration filing to 30.09.2020 were endorsed. For small taxpayers (turnover up to Rs.5 crore) interest was reduced to 9% (excluding lockdown period) until September 2020, subject to review.
Advisory on fake Email IDs/Websites/Persons claiming to be government officer/official responsible for DGFT/GSTN refunds or providing the services for issuance of IEC and other services of DGFT
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Impersonation advisory: fake DGFT websites and emails target exporters-use official portals and report suspected fraud immediately.
Advisory warns of fake websites and email IDs impersonating DGFT to solicit fees and confidential data for services such as IEC issuance. Stakeholders must use only the official DGFT websites (https://dgft.gov.in or http://dgft.gov.in), avoid sharing information or making payments to unauthorised platforms, and report incidents to the DGFT Helpdesk (toll free 1800-111-550 or [email protected]). Regional Authorities must spread awareness and notify the E-Governance & Trade Facilitation Division on receipt of reports.
Standard Operating Procedure regarding Creation of a Centralized GST Offence Database of CBIC
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Centralized GST offence database requires timely case entry, modus operandi coding, and GSTIN-linked monitoring across investigations.
CBIC prescribes a Standard Operating Procedure for maintaining a centralized GST offence database on the DIGIT platform of DGGI. The procedure requires timely entry of case details from detection through investigation, adjudication, appeal, prosecution and rewards, together with GSTIN-linked data, modus operandi codes, quantum involved, recovery, and later case developments. It also requires monthly monitoring and reporting, and mandates that offence details be entered within 24 hours from 01.07.2020, including older cases in the prescribed template.
Implementation of automated clearance on All-India basis
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Automated clearance enabling pre-payment customs compliance verification allows goods registration and parallel processing before duty payment is confirmed.
Automated clearance extends to all Customs EDI and RMS-enabled formations, allowing goods registration before duty payment and enabling designated officers to perform statutory Customs Compliance Verification (CCV). On completion of CCV the officer records it in the system; once duty payment is electronically confirmed the Bill of Entry advances to the Gate Officer queue and the Out of Charge print becomes available. BEs with prior or deferred payment proceed immediately on OOC, permitting parallel processing to reduce dwell time.
Instructions regarding NDPS Act, 1985
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NDPS Act invoked to augment customs powers against cross-border narcotics, enhancing deterrence and enforcement nationwide.
Instruction directs invocation of NDPS Act, 1985 in cross-border narcotics matters handled by customs formations, empowering customs officers to use statutory NDPS powers alongside customs law to strengthen operational deterrence against smuggling.
Clarification on scope of the notification entry at item (id), related to job work, under heading 9988 of Notification No. 11/2017-State Tax (Rate) dated 30-06-2017-reg
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Job work classification distinguishes processing of registered persons' goods from manufacturing services on inputs owned by unregistered persons.
Job work under heading 9988 covers treatment or processing of goods belonging to another registered person and falls within item (id). Manufacturing services on physical inputs owned by others under item (iv) exclude such job work and apply where the inputs belong to persons other than registered persons under the DGST Act. The entries operate in distinct fields.
Clarification regarding determination of place of supply in case of software/design services related to Electronics Semi-conductor and Design Manufacturing (ESDM) industry - reg.
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Place of supply for composite semiconductor software and design services follows the overseas recipient's location when testing is ancillary.
Place of supply for composite software development and integrated-circuit design services supplied to a recipient in non-taxable territory is the recipient's location where prototype hardware testing is ancillary. Testing and validation using hardware samples or test kits, when undertaken to improve quality or confirm that the developed software or design is error-free, forms part of the composite supply and cannot be artificially separated. The performance-based rule for services involving goods physically made available by the recipient does not separately govern such ancillary testing.
Clarification in respect of levy of GST on Director’s remuneration - Reg.
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GST on director remuneration: non employee directors' fees taxable on reverse charge; employee salaries excluded, professional fees taxable.
For directors who are not employees, remuneration for services is taxable and the company must discharge GST under reverse charge. For director employees, amounts treated as "salaries" and subjected to TDS as salary are excluded from GST under Schedule III, while amounts separately treated as professional or technical fees and subjected to TDS as fees are taxable and attract reverse charge by the company.

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SGSTDK- Submission of correct return under GST

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Correct GST Input Tax Credit reporting ensures proper IGST fund apportionment and requires amending prior returns where necessary.
Taxpayers must accurately report eligible ITC, reversals and ineligible ITC in Table 4 of GSTR-3B so GSTN settlement and IGST apportionment reflect true ... Summary

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Acts Income Tax