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Circulars
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Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017
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IGST refund on exports: refunds processed when EGM, valid GSTR 3/3B and matching shipping bill data are filed.
A shipping bill or bill of export is deemed an application for IGST refund under Rule 96 once a correct Export General Manifest is filed and a valid GSTR 3/GSTR 3B return is submitted; Customs will match Table 6A GSTR 1 details with shipping bill data, process eligible claims, and electronically credit refunds to the exporter's bank account registered with Customs, subject to PFMS validation and withholding where required under the Rule or for Customs Act violations.
Defence against Writ Petitions[PILs relating to GST- reg.
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Uniform defence coordination for GST petitions to ensure consistent government positions and prevent contradictory judicial orders.
Officers authorized to represent the Union in GST-related writ petitions must coordinate with State Government respondents so that a uniform stand is taken before courts, ensuring consistent positions across Central and State governments and preventing contradictory orders or judgments.
Amendment in para 5.25 of HBP 2015-20 of the Handbook of Procedures (HBP) of Foreign Trade Policy (FTP) 2015-20 — regarding
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Re-export of EPCG capital goods allowed for defect, repair or replacement with EO re fixation and duty adjustment.
Capital Goods under EPCG found defective may be re-exported to supplier or exported for replacement/repairs abroad within three years of customs clearance with RA/Customs permission; EO will be re fixed and Customs will credit previously availed duty benefits which can be debited on import of replacements, and the duty component of repair costs plus insurance and freight both ways will be considered for EO re fixation.
Amendments made to the Plant Quarantine (Regulation of Import into India) Order, 2003
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Plant quarantine clearance requirements revised for imported timber and wood products; importers must meet amended conditions.
Amendments to the Plant Quarantine Order, 2003 revise plant quarantine clearance provisions for imported timber, wood and bamboo products by modifying Chapter II clearance requirements and updating Schedule VI to impose altered additional declarations and special conditions; stakeholders involved in importation and related logistics must comply with the revised documentary and inspection obligations.
Categorization and Rationalization of Mutual Fund Schemes
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Mutual fund scheme categorization standardizes categories and mandates reclassification and compliance timelines for asset managers.
Mutual funds must classify open-ended schemes into standardized groups (Equity, Debt, Hybrid, Solution Oriented, Other) with uniform descriptive types and specified asset-allocation or strategy thresholds; solution oriented schemes carry mandated lock-ins. SEBI defines large, mid and small cap by ranked full market capitalization and requires AMFI to publish a semi annual stock list that funds must use and rebalance to within one month. Only one scheme per category is permitted subject to limited exceptions; AMCs must submit reclassification proposals with trustee approval and implement mergers, wind-ups or fundamental attribute changes within prescribed compliance timelines.
The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates of Drawback (AIR) related changes
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Drawback limitation: drawback covers customs and excise duties, with new AIR suffix rules and provisional payment mechanism.
Drawback entitlement is confined to Customs duties and remnant Central Excise duties (excluding integrated tax and compensation cess) on inputs used in exported goods; composite rates are discontinued and AIRs have been revised. General AIRs with caps are claimable by using tariff items suffixed with B, while alternative garment AIRs for Special Advance Authorization require suffix D. Provisional drawback equal to the applicable AIR component may be paid under Rule 7(3) and considered for further provisional authorisations. Brand rates fixed earlier do not apply for exports with let export date on or after commencement; exporters must apply afresh under Rule 6 or Rule 7. The Drawback Committee's tenure is extended to address representations arising from these changes.
Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports Circular No. 2/2/2017 - GST dated 5th July, 2017, Circular No. 4/4/2017 - GST dated 7th July, 2017 and Circular No. 5/5/2017 - GST dated 11th August, 2017
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Export under Letter of Undertaking permitted for all registered exporters; procedural and security requirements govern acceptance and use.
Notification No. 37/2017 extends the facility of export under Letter of Undertaking (LUT) to all registered persons except those prosecuted above a specified tax-evasion threshold; LUTs are valid for the financial year but may be withdrawn if exports are not completed within the time prescribed and required tax not paid. Bonds, when required, must be on non-judicial stamp paper and accompanied by a bank guarantee of fifteen percent of the bond amount. Exporters may furnish running bonds to cover estimated integrated tax liabilities and must maintain debit/credit records for inspection. LUT/bond shall be accepted by the jurisdictional Deputy/Assistant Commissioner within three working days or be deemed accepted.
N/N.37/2017 - Central Tax dated 04.10.2017 - Conditions and safeguards for furnishing a Letter of Undertaking in place of a Bond for supply goods or services for export without payment of integrated tax
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Letter of Undertaking replaces bond for export without payment of integrated tax, subject to eligibility and safeguards.
Conditions are specified for furnishing a Letter of Undertaking instead of a bond for export without payment of integrated tax: eligible registered persons may submit the Letter of Undertaking on letterhead in duplicate for the financial year and it must be executed by specified authorised persons; prosecution for significant tax evasion disqualifies eligibility.
Registration of Tax Deductor at Source under GST
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Tax Deduction at Source under GST requires registration on the GST portal using TAN; deductions commence after official notification.
The State requires specified governmental and government-controlled entities to register as tax deductors on the GST Common Portal using the TAN issued under income tax law; registration functionality is operational but actual TDS deductions will begin only after a commencement date is notified. Administrative support including training, district help desks, and an IT contact has been provided, and departments are directed to ensure liable persons register before the stipulated date.
Minutes of the 22nd GST Council Meeting held on 6 October 2017
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GST Council approves exporters' relief, composition threshold rise, quarterly filing for small taxpayers, and staggered e Way bill rollout.
The Council adopted corrections to prior minutes; noted GIC decisions on procedural extensions and export facilitation; directed staged IT and filing measures after GSTN/GoM briefings; approved exporters' relief package including manual refunds until systems ready, exemption for imports under AA/EPCG/EOU and deemed export treatment to 31 March 2018, 0.1% tax for merchant exporters, duty scrip relief, and an e wallet by 1 April 2018; increased Composition threshold to Rs. one crore (normal States) and amended Special Category thresholds; approved quarterly filing for taxpayers up to Rs.1.5 crore; suspended reverse charge under specified provisions till 31 March 2018; and decided staged roll out of the national e Way bill from 1 January 2018.
Clarification on issues related to furnishing of Bond/letter of undertaking for exports
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Exports under LUT now open to all registered persons except certain prosecuted taxpayers, with 3 day deemed acceptance.
The notice extends the facility of export under a Letter of Undertaking (LUT) to all registered persons except those prosecuted for offences with tax evasion above rupees two hundred and fifty lakhs; LUTs are valid for the financial year, may be withdrawn if export timelines and payments under rule 96A are not met, and bonds (where required) must be accompanied by a 15% bank guarantee for prosecuted persons. FORM GST RFD-11 (downloadable until portal availability) must be submitted to the jurisdictional Deputy/Assistant Commissioner; self-declaration of compliance will be accepted with post-facto verification, and LUT/bond are deemed accepted if not processed within three working days.
Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports
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Bond/Letter of Undertaking clarifications for exports: circular guidance issued requiring dissemination to trade associations and exporters.
Clarification on procedures for furnishing Bond/Letter of Undertaking for exports is transmitted via Circular No. 8/8/2017-GST for information, guidance and necessary action; trade associations and regional advisory committee members are requested to publish and disseminate the Circular among their members to ensure compliance with the furnishing requirements.
Board Notification No. 91/2017-Customs (N.T) dated 26.09.2017 and Circular No.39/2017 -Customs dated 26.09.2017 on the amendment of Customs Valuation (Determination of value of imported goods) Rules
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Place of importation definition clarified; transaction value to include costs up to place of importation and documents required.
The Rules define "place of importation" as the customs station where goods are brought for clearance for home consumption or removal to warehouse, and stipulate that the transaction value under section 14 of the Customs Act includes costs incurred up to the place of importation; all relevant documents evidencing such costs must be submitted before cargo clearance.
Amendment to Customs Valuation Rules - Notification No. 91/2017 (NT) dated 26.9.17
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Customs valuation rules: definition of place of importation narrows includible costs and excludes domestic transhipment charges.
Notification No. 91/2017 defines place of importation as the customs station where goods are cleared or warehoused and provides that costs incurred up to that place are relevant for transaction value. Loading, unloading and handling charges at delivery to the place of importation shall not be added to CIF; only charges to deliver goods to the place of importation are includible consistent with WTO Article 8. Provisos clarify computation of freight and insurance when only cumulative FOB-plus values are known. Transhipment costs within India are excluded from the transaction value to ensure uniform treatment across modes.
Approved panel of Sr/jr standing Counsel for handling CBEC cases of Indirection taxation under various High Courts etc
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Appointment of Standing Counsels for indirect tax litigation; panel framework, term limits and engagement conditions clarified.
Appointment of a fresh panel of Senior and Junior Standing Counsels to represent the Central Board of Excise & Customs in indirect tax litigation before various High Courts and fora for the term 03.10.2017-08.06.2019, subject to existing instructional terms; lists counsel by High Court/bench, records panel totals, permits field formations to avail counsel across designated enforcement units, and notes administrative concurrence.
Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03
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Extension of time for composition scheme stock intimation granted; deadline extended for filing Form GST CMP-03.
The deadline for furnishing details of stock held immediately before the date from which the option to pay tax under the composition levy is exercised in FORM GST CMP-03 is extended, pursuant to sub rule (4) of rule 3 of the CGST Rules read with section 168 of the CGST Act and on the Council's recommendations, as communicated in Order No. 04/2017 dated 29.09.2017.
Investments by FPIs in Government Securities
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FPI investment limits in government securities revised, raising sector and long-term category caps for the quarter.
Revision of FPI investment limits for the October-December 2017 quarter increases the upper caps for central Government securities and creates a higher separate cap for Long Term FPIs; SDL-General and SDL-Long Term caps are also enhanced. All existing allocation and monitoring conditions continue to apply. The circular takes effect immediately under Section 11(1) of the Act and requires custodians and depositories to inform FPI clients and implement the revised caps.
Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports.
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Export LUT eligibility expands to registered persons, subject to prosecution safeguards, annual validity, and bond compliance requirements.
Export without payment of integrated tax may be made under a Letter of Undertaking by registered persons, except those prosecuted for tax evasion above the prescribed threshold. The LUT is valid for the financial year but is withdrawn on failure to meet export and payment conditions, and restored upon payment. Pending portal availability, FORM GST RFD-11 may be filed before the jurisdictional officer. Bond users must provide the prescribed bank guarantee and maintain a running bond covering outstanding export tax liability. LUTs and bonds not accepted within three working days are deemed accepted.
Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports
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Export under Letter of Undertaking expanded to all registered persons with clarified GST procedural and compliance safeguards.
The facility to export without payment of integrated tax by furnishing a Letter of Undertaking (LUT) is extended to all registered persons except those prosecuted for specified offences above the statutory tax-evasion threshold; LUTs are valid for the financial year, must be submitted via FORM GST RFD-11 on the common portal with acceptance evidenced by an ARN, and may be withdrawn if export timelines or payment conditions are not met. Bonds, where required, must be accompanied by a bank guarantee, running bonds must cover self-assessed export tax liabilities, and exporters must retain records for inspection.
Sub: Compliance of provisions of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 in the imports of used tyres- reg
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Hazardous waste import controls require MEFCC permission and DGFT/DIPP authorization before used tyres are shipped to India.
Imports of used tyres and related rubber waste are restricted and require prior permission from the Ministry of Environment, Forest and Climate Change and licensing/authorization by the Directorate General of Foreign Trade or Department of Industrial Policy & Promotion; second hand goods (except capital goods) are restricted under the Foreign Trade Policy and need specific authorisation. Shipping lines and agents must ensure requisite permissions and licenses are submitted before loading consignments bound for India, with noncompliance attracting action under customs and other laws, and these directions serve as a standing order.

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Minutes of the 22nd GST Council Meeting held on 6 October 2017

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GST Council approves exporters' relief, composition threshold rise, quarterly filing for small taxpayers, and staggered e Way bill rollout.
The Council adopted corrections to prior minutes; noted GIC decisions on procedural extensions and export facilitation; directed staged IT and filing ... Summary

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Acts Income Tax