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Circulars
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Retention of ISO Containers to meet future requirements
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Retention of ISO containers: extension for re-export and IGST lease clarification to ease medical oxygen logistics.
The Board permits extension of time for re-export of ISO containers imported temporarily for transportation of Liquid Medical Oxygen upon importer request, and clarifies that for ISO containers imported on lease with IGST paid on lease amounts under CGST law, IGST on container value is not required and re-export need not occur while containers remain under valid lease.
De-Activation of IECs not updated at DGFT
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De-activation of Importer Exporter Code: non-updated IECs will be de-activated; online update allows automatic re-activation.
IECs not updated electronically after 01.07.2020 will be de-activated from 01.02.2022 unless the IEC holder completes online updation by 31.01.2022; applications already submitted and pending approval are excluded. De-activated IECs may be automatically re-activated on successful online updation, with the updated status transmitted to the Customs system.
Amendment of Para 2.54 (d)(v)(iv) of Handbook of Procedures, 2015-2020.
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Pre-shipment inspection exemption expanded to additional designated ports for metallic scrap from approved safe regions.
Hazira Port and Kamarajar Port are added to the list of sea ports where metallic waste and scrap from the USA, the UK, Canada, New Zealand, Australia and the EU are exempt from Pre-shipment Inspection Certificate (PSIC) if cleared through the designated ports. Such consignments must carry a supplier/scrapyard certificate confirming no radioactive materials or explosives and will be subject to radiation and explosive checks via portal monitors and container scanners. Trans-shipments through those safe countries/regions are not eligible for the exemption, and imports via other ports remain subject to PSIC.
Clarification on certain refund related issues
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Refund of electronic cash ledger balances clarified: time limit exempt, unjust enrichment certificate not required, TDS/TCS refundable.
The circular clarifies that the time limit in section 54(1) does not apply to refunds of excess balances in the electronic cash ledger; unjust enrichment certification under Rule 89(2)(l)/(m) is not required for such refunds; TDS/TCS amounts credited to the electronic cash ledger are equivalent to cash, may be used at the registered person's discretion and any unutilized balance is refundable; and for tax on supplies regarded as deemed exports the relevant date for refund is the date the supplier files the return related to those supplies.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification 14/2020- State Tax dated 24th June, 2020
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Dynamic QR Code requirement: invoices to non-resident service recipients with Indian place of supply may be issued without QR.
Where an invoice is issued to a recipient located outside India for services whose place of supply is in India, and payment is received by the supplier in convertible foreign exchange or in Indian rupees where permitted by the RBI, such invoice may be issued without a Dynamic QR Code, because a dynamic QR code cannot be used by the recipient located outside India to make payment.
Guidelines for submission of online application for One time registration for SCOMET license and Post-reporting requirements for Export of chemicals under General authorization for export of Chemicals and related equipments (GAEC) w.e.f 19.01.2022
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One-time SCOMET registration required online for GAEC exports; online post-reporting of each export consignment also mandated for compliance.
Exports under GAEC require exporters to obtain a one-time registration per SCOMET Category/Sub Category via DGFT's online portal, yielding a unique five year authorization/license; all exports under GAEC must also be reported through DGFT's online post reporting module, with application and post reporting pathways and helpdesk/support channels provided on the DGFT website.
CRCL Module- Forwarding of samples using electronic Test Memo to CRCL and other Revenue Laboratories— reg.
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Electronic test memo requirement: laboratories will refuse paper memos; samples accepted only via CRCL module unless approved exception.
All officers and staff of the Mangalore Customs Commissionerate must mandatorily forward Test Memos and sampling paperwork to CRCL and other Revenue Laboratories via the CRCL module in ICES; laboratories will not accept samples unless the Test Memo is transmitted electronically through the module. A temporary exception permits paper Test Memos only with prior approval from the Additional Commissioner of Customs when system issues prevent electronic transmission.
Inclusion of Paragraph 2.79G in the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20 to notify the procedure for General Authorisation for Export of Chemicals and related equipment (GAEC)
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General Authorisation for Export of Chemicals requires portal application, end use certification, post shipment reporting and compliance oversight.
Inclusion of Paragraph 2.79G creates a General Authorisation for Export of Chemicals and related equipment (GAEC) for specified SCOMET categories, requiring applicants to apply via the SCOMET portal with prescribed proforma, technical descriptions, supply chain or past export details, and an undertaking permitting inspections and restricting end use to that declared in the EUC. The IMWG reviews applications. Post shipment reporting, submission of ANF 2O and the EUC, contract evidence of permitted end use, and specified record retention are mandatory. GAEC is excluded for WMD related uses, embargoed entities, or where proliferation or national security concerns arise; GAEC may be suspended or revoked for adverse reports or non compliance.
Publication of New (Seventh) Edition of the Harmonized System Of Nomenclature, HS – 2022 – reg
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Harmonized System update aligns national customs tariff with HS 2022; guidance issued and contact provided for transition.
Publication of the Seventh Edition of the Harmonized System implements HS 2022 into national customs practice by aligning the First Schedule of the Customs Tariff Act with HS 2022 through amendments under the Fifth Schedule to the Finance Act, 2021, effective from 01.01.2022. The revision introduces 351 six digit level amendments affecting commodity classification and tariff headings. A correlation guidance document has been published on the CBIC website to assist transition, and stakeholders may report implementation difficulties to the Additional Commissioner of Customs, ICD Whitefield, via the provided email.
Extension of timelines for filing of Income-tax returns and various reports of audit for the Assessment Year 2021-22
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Extension of filing deadlines for income-tax returns and audit reports, with clarified exceptions for high-tax cases.
The tax administration further extends due dates for furnishing a Report of Audit, a Report from an Accountant for international or specified domestic transactions, and the Return of Income for Assessment Year 2021-22 to later specified dates. The extension is subject to two clarifications: it does not apply to the late-filing interest provision where residual tax exceeds a specified threshold, and advance tax paid by resident individuals within the original statutory due date will be treated as advance tax despite the extensions.
Framework for operationalizing the Gold Exchange in India
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Electronic Gold Receipts trading enabled: framework for creation, trading and conversion established under securities law.
SEBI's framework treats Electronic Gold Receipts (EGRs) as securities and establishes a three tranche operational model: creation of EGRs by Vault Managers via a common Depository interface upon receipt of eligible physical gold that meets prescribed delivery standards; continuous trading of EGRs on recognized exchange segments with Clearing Corporations settling transfers of EGRs and cash; and conversion of EGRs into physical gold through depositor requests with extinguishment and reconciliation. The framework mandates reconciliation, periodic inspections, upfront disclosure of storage, withdrawal and assaying charges, and enables fungibility and interoperability across vault locations.
Disclosure obligations of listed entities in relation to Related Party Transactions
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Related Party Transactions disclosure extended to high-value debt issuers, requiring audit-committee review, shareholder information, and exchange reporting.
Disclosure obligations for Related Party Transactions are extended to entities with listed specified non-convertible debt securities under a 'comply or explain' applicability; such entities must provide information for Audit Committee review, furnish specified information for shareholder consideration, and report RPTs to stock exchanges in the Board-prescribed format, with stock exchanges required to notify and publish these requirements; the circular is effective immediately under statutory regulatory powers.
Guidelines for recovery proceedings under the provisions of section 79 of the CGST Act, 2017 in cases covered under explanation to sub-section (12) of section 75 of the CGST Act, 2017
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Recovery of self-assessed tax under section 79: taxpayers given opportunity to explain GSTR-1/GSTR-3B mismatches before action.
Where tax shown in outward supply statements but unpaid through the periodic return is short paid or unpaid, the proper officer must issue a DIN-bearing communication allowing a reasonable period to pay or explain GSTR-1/GSTR-3B discrepancies; if the taxpayer neither pays nor satisfactorily explains within the prescribed or extended time, the officer may initiate recovery proceedings under the recovery provisions for self-assessed liabilities.
Guidelines to be followed regarding scrutiny of returns under section 61 of the RGST Act, 2017.
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Return scrutiny procedures require data-based discrepancy verification, taxpayer explanation notices, payment-based closure, and approved tax determination where unresolved.
Return scrutiny verifies the correctness of filed returns through data-analytics selection based on turnover, tax, reverse-charge liability, input tax credit, e-way bill and interest discrepancies. Proper officers must verify relevant portal and back-office data, issue GST-ASMT-10 where discrepancies remain, and consider explanations in GST-ASMT-11. Acceptable explanations or payment of admitted tax, interest and applicable amounts through GSTR-DRC-03 permit closure in GST-ASMT-12. Unsatisfactory responses or failure to correct accepted discrepancies may lead to determination of tax and other dues with prior approval. Scrutiny registers and monthly reporting are required.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification 14/2020- State Tax dated 04 November, 2020
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Dynamic QR Code exemption for invoices where payment is received via RBI approved modes and place of supply is in India.
Where an invoice is issued to a recipient located outside India for services whose place of supply is in India, and payment is received by the supplier in convertible foreign exchange or in Indian rupees where permitted by the RBI, such invoice may be issued without a Dynamic QR Code because the recipient located outside India cannot use the QR code to make payment.
Continuation of operations of the DGFT ‘COVID-19 Helpdesk' for International Trade related Issues’
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COVID-19 Helpdesk continues to assist international trade stakeholders with licensing, customs, documentation and coordinated issue resolution.
Continuation of operations of the COVID-19 Helpdesk establishes a single-point facility to receive, monitor and seek resolution of export-import issues arising from COVID-19. The Helpdesk handles export/import licensing, customs clearance delays, documentation, banking matters and coordinates with other government departments to pursue resolutions. Stakeholders must submit requests via the Helpdesk Service on the Departmental website selecting Category 'Covid-19', or by the specified email or toll-free phone, and may track status via the online status tracker with email and SMS updates.
Duty structure on import of consignments for personal use through Courier mode - Reg.
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Import duty classification on courier consignments: gifts face higher duty, personal purchases taxed lower with invoice proof.
Imports via courier are governed by the Customs Act and related regulations; B2B imports with a valid Importer Exporter Code follow the Customs tariff. Bonafide gifts under Chapter 9804 attract Basic Customs Duty at 35%, Social Welfare Surcharge at 10% of BCD, and IGST at 28% on value plus BCD and SWS (aggregate 77.28%). Personal-use items qualifying under the notification attract BCD at 10%, SWS at 10% of BCD, and IGST at 28% on value plus BCD and SWS (aggregate 42.08%) only if a B2C invoice and proof of monetary transfer are submitted; otherwise the gift duty applies.
Increasing Awareness regarding Online Mechanisms for Investor Grievance Redressal
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Investor grievance redressal expanded online: SCORES links and platform updates mandated for exchanges and market entities.
Recognised stock exchanges, commodity derivatives exchanges, depositories and clearing corporations must display a direct complaint lodging option and a link to the SCORES portal or SCORES mobile app on their websites and mobile apps, amend relevant bye laws, rules and regulations as necessary, and communicate implementation status via the Monthly Development Report; the directive is issued under Section 11(1) of the SEBI Act read with Section 10 of the Securities Contracts (Regulation) Act.
Implication of the judgement of the Hon’ble Apex Court in the case of M/s Westinghouse Saxby Farmer Ltd. Vs. Commissioner of Central Excise, Kolkata
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Classification of parts must follow holistic evaluation of section and HS explanatory notes, not a single universal test.
Assessments of parts under Section XVII must be fact specific and holistic: officers should consider Section and Chapter Notes, HSN explanatory notes and relevant precedents rather than mechanically applying a single test; the Department has filed a review petition and sought senior counsel opinion, and difficulties in implementation should be reported to the Board.
Amendment in Para 9.08 of Handbook of Procedures - 2015-20 - Inclusion of new agencies in Standing Grievance Committee
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Standing Grievance Committee composition expanded to include customs, GST, banks and other agencies to consolidate industry grievances.
Amendment revises the Standing Grievance Committee composition to include Customs and GST authorities, DGARM, public and private banks, export inspection agencies/councils, ECGC, State/UT Industries and Export Commissioners, and General Managers of District Industries Centres, alongside existing representatives, to create a consolidated inter-agency forum for redressal of export and foreign trade grievances.

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Clarification on certain refund related issues

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Refund of excess electronic cash ledger balance exempt from ordinary filing time limits and unjust enrichment certification requirements.
The circular clarifies that the statutory time limit for refund applications does not apply to refunds of excess balance in the electronic cash ledger; ... Summary

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Acts Income Tax