Import of wireless equipment by TSPs permitted on self-declaration via Saralsanchar; Customs accept QR-verified certificates, cancellation for violations.
TSPs may import wireless equipment on the basis of self declaration via the Saralsanchar portal: submissions 30 days before port entry yield an immediate system generated certificate on payment of Rs. 500; submissions within 30 days require Rs. 5,000 and departmental authentication with issuance after 48 hours. Customs will accept and may QR verify these certificates; the facility is effective 15 November 2021. The certificate provides technical clearance only, is cancellable for violations or false declarations, and imports remain subject to DoT agreements, frequency assignments and WPC/WMO inspections.

Refund of excess electronic cash ledger: time limits and unjust enrichment certification not required; TDS/TCS credits refundable if unutilised.
The circular clarifies that the time limit in section 54(1) does not apply to refunds of excess electronic cash ledger balances; certification under Rule 89(2)(l)/(m) is not required as unjust enrichment is inapplicable; TDS/TCS credits in the electronic cash ledger are equivalent to cash, may be utilised from cash or credit ledger as chosen, and unutilised cash ledger balances are refundable under the proviso to section 54(1) read with section 49(6); for deemed exports, the relevant date for refund is the date the supplier's return relating to such deemed exports is furnished, applicable whether supplier or recipient files the claim.

Dynamic QR Code requirement relaxed where services billed to non resident recipients with RBI approved payments may omit QR.
Invoices issued to recipients located outside India for services whose place of supply is in India may be issued without a Dynamic QR Code where payment is received by the supplier through RBI approved modes, either in convertible foreign exchange or in Indian Rupees where permitted by the RBI, because the recipient located outside India cannot use the Dynamic QR Code.

Restriction on electronic credit ledger: debit may be disallowed where input tax credit is fraudulently availed or ineligible.
Rule 86A permits the Commissioner or an authorised officer, not below Assistant Commissioner, to disallow debit from the electronic credit ledger if there are reasons to believe-based on material evidence-that input tax credit has been fraudulently availed or is ineligible, on grounds such as invoices from non-existent suppliers, absence of receipt of goods or services, unpaid tax by supplier, claimant being non-existent, or lack of valid documents; the restriction must be proportionate, recorded in writing, communicated on the portal, and may be lifted on review.

Tariff rate quota allocation increased for raw sugar exports to USA, subject to existing TRQ conditions and reporting requirements.
An additional 303 MT of raw sugar has been allocated for export to the USA under the Tariff Rate Quota for fiscal year 2021, raising the total TRQ allocation to 8,727 MT. Exports under this TRQ are free but governed by the Nature of Restrictions in Notification No. 3/2015-20 and the reporting requirements of Public Notice No. 33/2015-20. Certificates of Origin, if required, will be issued by the Additional Director General of Foreign Trade, Mumbai, and other applicable certification requirements continue to apply.

Concentration norm for Category III AIFs now NAV-based, with passive breaches to be rectified within thirty days.
Category III AIFs may calculate the concentration norm for listed equity investments using the fund's NAV, defined as the sum of all securities values adjusted for mark to market gains/losses including cash and cash equivalents but excluding borrowed funds, with NAV measured on the business day before the investment. Passive breaches of the concentration limit must be remedied within 30 days. The amendment defines co investment by managers, sponsors or investors of Category I and II AIFs and requires investor co investments to be routed through a Co investment Portfolio Manager; custodian appointment is required where combined AIF corpus and co investment value exceed the regulatory threshold.

Related party transaction disclosures: detailed audit committee review and shareholder disclosure, plus periodic reporting to exchanges under SEBI requirements.
Listed entities must provide audit committees with details for approval of related party transactions, including type, material terms, related party identity and relationship, tenure, value, turnover percentage (consolidated and subsidiary standalone where applicable), and, for loans/advances/investments, source of funds, nature, cost and tenure of indebtedness, terms and security, purpose of funds, justification of interest to the entity, and any valuation or external reports; audit committees must annually review long term or recurring RPTs, and entities must disclose RPTs to shareholders and to stock exchanges semiannually in the prescribed format.

Restriction on electronic credit ledger debits to prevent fraudulently availed or ineligible input tax credit, with procedural safeguards.
Rule 86A permits the Commissioner or an authorised officer to disallow debit of amounts from the electronic credit ledger where there are reasons to believe input tax credit was fraudulently availed or is ineligible on specified grounds (non-existent suppliers, non-receipt of goods/services, tax not paid to Government, claimant non-existent, or absence of documents). The officer must objectively evaluate evidence, record written reasons, limit the blocked amount to the prima facie ineligible credit, notify the registered person on the portal, and may restore credit if satisfied of eligibility; the restriction is time-limited.

Tariff Rate Quota extension: deadline for India-Mauritius CECPA TRQ applications extended to end January, other modalities unchanged.
The Directorate General of Foreign Trade has amended condition (ii)(f) of Annexure III to Appendix 2A of Public Notice No. 31/2015 20, extending the last date for online submission of applications for allocation of Tariff Rate Quota (TRQ) under the India-Mauritius CECPA for the financial year 2021 22; all other modalities, including eligibility and allocation procedures for import authorization under the prior notices, remain unchanged.

De-activation of IECs not updated leads to automatic re-activation once holders update their IECs online.
IECs not electronically updated as required will be de-activated in a phased exercise, with IECs not updated after 1 January 2014 scheduled for de-activation from 6 December 2021; IECs with pending online updation applications will be excluded, and any de-activated IEC may be automatically re-activated by the holder completing the prescribed online update, after which status will be transmitted to customs systems.

Refund of excess electronic cash ledger balances clarified; time limits, certification, TDS/TCS treatment and deemed export relevant date specified.
The circular instructs uniform application: the time limit in section 54(1) does not apply to refunds of excess electronic cash ledger balances, and Rule 89(2)(l)/(m) certifications required for unjust enrichment are not needed for such refunds. TDS/TCS amounts credited to the electronic cash ledger are treated as cash deposits, usable at the registered person's option, and any unutilized balance is refundable under the proviso to section 54(1) read with section 49(6). For deemed exports, the relevant date for refund is the date the supplier files the return for those supplies.

Dynamic QR Code requirement: invoices to nonresident recipients for supplies with place of supply in India may be QR exempt when paid via RBI approved modes.
Where a supplier issues an invoice to a recipient located outside India for services whose place of supply is in India, such invoice may be issued without a Dynamic QR Code if payment is received by the supplier in convertible foreign exchange or in Indian rupees where permitted by the Reserve Bank of India, because a dynamic QR code cannot be used by the overseas recipient to make payment.

No Objection Certificate requirement now required for schemes of arrangement by listed entities, affecting filings and disclosures.
The addendum inserts a new requirement in Part I Para A 2(k): a No Objection Certificate (NOC) from lending scheduled commercial banks, financial institutions or debenture trustees must be included, and the amendment applies to all schemes filed with stock exchanges from the date of the circular; stock exchanges must notify listed companies and disseminate the circular.

Refund of excess electronic cash ledger balances is permitted without time bar and without unjust enrichment certification.
The circular clarifies that the time limit in section 54(1) does not apply to refunds of excess balances in the electronic cash ledger and that unjust enrichment certification under Rule 89(2)(l)/(m) is not required for such refunds; TDS/TCS credits credited to the electronic cash ledger are treated as cash and refundable if unutilized per the proviso to section 54(1) read with section 49(6); for deemed exports, the relevant date for refund is the date the supplier files the return related to those supplies under Explanation (2)(b) to section 54.

Dynamic QR code exemption applies where cross-border service payments are received via RBI-approved modes, including permitted Indian rupee payments.
Where the recipient of services is located outside India but the place of supply is in India, invoices to such recipients need not include a Dynamic QR Code if payment is received by the supplier in convertible foreign exchange or in Indian rupees where permitted by the Reserve Bank of India; CCT Circular No. GST-09/2021 is amended to substitute Entry No. 4 accordingly.

GST registration functions are allocated among State Tax officers by territorial jurisdiction, taxpayer category and applicable pecuniary limits.
GST registration functions are assigned to designated State Tax officers under the Rajasthan Goods and Services Tax Act, 2017. Officers of Regular Circles or Wards handle registration applications and verification within their territorial jurisdiction. Joint Commissioners and Deputy Commissioners in Regular Circles handle registration of casual taxable persons and non-resident taxable persons undertaking supplies. Designated officers also handle amendment, cancellation and revocation of cancellation of registration, subject to territorial jurisdiction and applicable pecuniary limits. An Additional Commissioner (Administration) may reallocate work where the designated officer is unavailable.

Adjudication timeliness: SCNs must be issued promptly and statutory timelines and call book reviews strictly enforced.
Once investigations conclude and draft show cause notices are prepared, SCNs must be issued promptly and statutory adjudication timelines strictly adhered to; reasons for any delay after personal hearings must be recorded. Transfer of cases to the call book requires Commissioner approval, formal intimation to noticees and monthly review by Commissioners to ensure timely retrieval. Full cooperation with audit parties is required, including production of records to verify procedural compliance, and authorities must strengthen monitoring of adjudication pendency through MPR mechanisms.

Refund of excess electronic cash ledger balance clarified; time limit and unjust enrichment do not apply, refundability affirmed.
Time limits for refund applications do not apply to refunds of excess electronic cash ledger balance; unjust enrichment certifications are not required for such refunds. TDS/TCS credited to electronic cash ledger is equivalent to cash and, if unutilized after discharging tax and other dues, is refundable as excess electronic cash ledger balance. For deemed export supplies, the relevant date for refund of tax paid is the date of the supplier's return relating to those deemed exports, regardless of who files the refund claim.

Dynamic QR Code exemption when service recipient is outside India and payment received via RBI approved modes permits invoice without QR.
Where the service recipient is located outside India but the place of supply is in India, and payment is received by the supplier through RBI approved modes (including Indian Rupees where permitted) or in convertible foreign exchange, the invoice issued to that recipient may be issued without a Dynamic QR Code; the prior circular's Entry No. 4 is substituted to reflect this position.

Refund of excess electronic cash ledger clarified: time limits and unjust enrichment rules do not apply, TDS/TCS balances refundable.
The Board clarifies that the time limit in section 54(1) does not apply to refunds of excess balances in the electronic cash ledger and that Rule 89(2)(l)/(m) certifications are unnecessary as unjust enrichment does not apply. TDS/TCS amounts credited to the electronic cash ledger are equivalent to cash deposits and unutilized balances may be refunded under the proviso to section 54(1) read with section 49(6). For deemed exports, the relevant date for refund is the date of filing of the supplier's return.