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Circulars
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Specified date for the purposes of proviso to sub-rule (2) to rule 114AAA of the Income-tax Rules, 1962
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Specified date for proviso to rule 114AAA designated, clarifying when that proviso becomes applicable under the Income tax Rules.
The Central Board of Direct Taxes formally designates the first day of April, 2023 as the specified date for the proviso to sub rule (2) of rule 114AAA of the Income tax Rules, 1962, providing a clear temporal point for the proviso's applicability under that rule.
Regarding ensuring proper compliance of the judgment delivered by the Hon’ble High Court in case of Writ Tax No. 1029/2021
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Natural justice in GST adjudication requires a mandatory personal hearing before adverse orders are passed.
Strict compliance with the principles of natural justice under Section 75(4) of the CGST/UPGST Act, 2017 was directed in GST adjudication proceedings where an adverse decision was contemplated. The communication forwards the High Court's order and instructs all officers and assessing authorities to adhere to the mandatory opportunity of personal hearing and the broader principles of natural justice while acting under the GST law. It also notes that the impugned adjudication order under Section 74 could not be sustained because the dealer was not afforded the required hearing.
Continuance to earlier Advisory No. 05/SYS/WZU/2021 dated 20.07.2021, Advisory No. 06/SYS/WZU/2021 dated 26.07.2021 and Advisory No. 08/SYS/WZU/2021 dated 17.09.2021 Reg- Integration of ECCS with IDPMS/EDPMS of RBI
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AD code validation required for courier bills of entry to ensure successful transmission to RBI payment systems via ICEGATE.
Operational integration of ECCS with RBI's IDPMS/EDPMS via ICEGATE requires that authorised dealers' AD codes be entered validly when filing courier Bills of Entry/CSBs in ECCS; omission or invalid AD codes prevents transmission to RBI. Traders and authorised couriers must ensure correct AD code registration on ICEGATE before filing; existing AD code registration at an ACC location with the same ICT port code obviates separate registration.
Clarification with respect to relaxation of provisions of rule 114AAA of Income-tax Rules, 1962 prescribing the manner of making Permanent Account Number (PAN) inoperative
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PAN Aadhaar linking: transitional deferral of adverse consequences for inoperative PANs while fee liability remains applicable.
Requirement to link PAN with Aadhaar makes PANs inoperative if Aadhaar is not intimated by the notified date; failure attracts a prescribed fee when Aadhaar is later intimated and ordinarily triggers the legal consequences of an inoperative PAN when it is furnished or quoted. The Board provides a one year transitional deferral of those negative consequences, subject to payment of the linking fee, to mitigate disruption to filing, refunds, withholding and KYC processes.
Operational guidelines for ‘Security and Covenant Monitoring’ using Distributed Ledger Technology (DLT)
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DLT-based asset identification requires unique Asset IDs and duplicate checks; issuers and trustees must record and monitor security data.
The circular mandates use of a DLT platform to record and monitor assets securing non-convertible securities, requiring a system-generated unique Asset ID in a prescribed 12-character format, with issuers entering asset details once and depositories performing duplicate/near-duplicate checks based on common and asset-specific parameters. Issuers and debenture trustees must verify alerts, trustees must annually reconcile assets and remove duplicates, issuers must report events reducing security cover as trigger events immediately, and required credit rating information must be uploaded and validated on the platform.
Issuance of orders of provisional attachment and restoration thereof on BO System
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Provisional attachment: attachment and restoration orders must be issued on the BO system to ensure accurate monitoring.
The circular directs that all provisional attachment orders and corresponding restoration orders shall be issued exclusively through the BO system to ensure accurate MIS reporting and effective monitoring, and mandates strict compliance by operational and supervisory officers.
Guidelines regarding scrutiny of returns
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Return scrutiny procedures require strict, time bound compliance with SOP and regular supervisory monitoring of prior fiscal returns.
Assessing officers must implement the central GST policy wing's Standard Operating Procedure for scrutiny of returns for specified prior fiscal periods, carrying out reviews in a strict and time bound manner and subjecting the process to regular supervisory monitoring to ensure compliance and timely completion.
Calculation of investment concentration norm for Category III AIFs
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Investment concentration norm flexibility lets Category III AIFs choose investable funds or NAV basis, subject to disclosure and conditions.
Category III AIFs may calculate the investment concentration norm either on the basis of investable funds or on scheme net asset value. Existing funds may opt for the investable funds basis with trustee/board/designated partner approval and must inform investors within thirty days. The basis for calculation must be disclosed in the placement memorandum and cannot be changed during the scheme term. Funds choosing the NAV basis must comply with the conditions set out in the earlier referenced circular. The circular is effective immediately and requires investor communication, disclosure, and adherence to specified conditions.
Product specifications pertaining to the Electronic Gold Receipts (EGR) segment in India
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Electronic Gold Receipts trading and settlement units must be specified by stock exchanges, with disclosure and implementation obligations.
SEBI mandates that EGR product specifications define deposit unit, trading unit, settlement unit (equal to trading unit) and withdrawal unit (equal to deposit unit); trading units may not be smaller than one-tenth of the deposit unit and must be specified by the beneficial owner to the Vault Manager. Exchanges must include deposit and trading unit details within ISINs, disclose information to investors, reflect units in contract specifications, amend rules and publish the circular, and report implementation to SEBI.
Important advisory for e-Invoice for Taxpayers having annual turnover exceeding ₹ 20 Crores
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e-Invoice requirement compels high-turnover taxpayers to register and generate IRNs or invoices will not be recognised.
Taxpayers exceeding the aggregate annual turnover threshold must register on the central e-Invoice portal, generate Invoice Registration Numbers, and use the provided online/offline tools; invoices issued otherwise will not be treated as invoices for statutory purposes and non-compliance may attract penalty provisions under GST law.
Monitoring of realization of export proceeds for shipping bills for which drawback has been claimed and disbursed
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Export-proceeds realization monitoring requires RBI-BRC reconciliation, with unreconciled drawback recoverable with interest and portal-based correction mechanisms.
Export-proceeds realisation for shipping bills receiving duty drawback is monitored through the RBI-BRC Module. Exporters must ordinarily realise proceeds within the permitted period, failing which the related drawback becomes recoverable with applicable interest. Exporters should obtain EDPMS updates through authorised dealer banks for Customs reconciliation. ICEGATE permits enquiry into shipping-bill status, foreign-exchange realisation details, and rectification of incorrect EDPMS status. Short realisation attributable to foreign-bank charges or overseas agency commission requires documentary support.
Important advisory for e-Invoice for Taxpayers having annual turnover exceeding ₹ 20 Crores
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E invoicing mandate: non e invoices will not be treated as valid and may attract penalties; register on the portal.
A mandatory e Invoicing requirement requires taxpayers above the prescribed turnover threshold to generate e Invoices from 1 April 2022; invoices issued otherwise shall not be treated as an invoice. Non compliance may attract penalties and other GST law actions, and taxpayers are advised to register on the e Invoice portal, obtain an Invoice Registration Number and use provided tools and guides to ensure compliance.
Introduction of Options on Commodity Indices – Product Design and Risk Management Framework
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Options on Commodity Indices permitted; exchanges must secure approval and follow prescribed product design and risk management framework.
Recognised stock exchanges with commodity derivatives segments may introduce options on commodity indices with prior approval and must follow the prescribed product design and risk management framework: cash settled European style options on indices with existing futures; minimum strikes per expiry; specified contract size, trading hours, expiry and tenor rules; final settlement by volume weighted average of constituents in the final hour; distinct position limits for clients and members; and CPMI IOSCO aligned margining, portfolio level client margins, real time scenario application, mark to market within margining, and additional option specific margins and charges.
Authorization of Shri Pankaj Kumar Sinha as GST Practitioner Registration Authority
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GST Practitioner registration authority is entrusted to the designated Additional Commissioner for registering eligible applicants under applicable rules.
GST Practitioner registration under Rule 83(2) of the Bihar Goods and Services Tax Rules, 2017 is entrusted to Shri Pankaj Kumar Sinha, Additional Commissioner of State Tax-cum-Joint Secretary, Headquarters, Bihar, Patna. He is authorised to register eligible applicants as Goods and Services Tax Practitioners.
Extension of the validity of FCRA registration certificates
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FCRA registration validity extension: provisional continuance until renewal disposal, refusal causes registration to be deemed expired.
The Government provisionally extends FCRA registration validity for entities with pending renewal applications until 30.06.2022 or disposal of the renewal application, and extends validity for entities whose five year term expires during 01.04.2022-30.06.2022 if they applied for renewal before expiry, subject to the same cut off; if renewal is refused the certificate is deemed to have expired on the date of refusal and the association cannot receive or utilise foreign contribution.
Amendment in Appendix 2T (List of Export Promotion Councils/Commodity Boards/Export Development Authorities) Of Foreign Trade Policy 2015-2020.
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Foreign Trade Policy amendment updates Export Promotion Council for EOU and SEZ office address, effective immediately.
Amendment to Appendix 2T of the Foreign Trade Policy 2015-2020 replaces the existing entry for the Export Promotion Council for EOU and SEZ (EPCES) at Sl. No. 10 with revised office address and updated contact details (telephone and email). The change is made under paragraph 2.04 of the Policy and is effective immediately as an administrative update to the Appendix.
Change in control of Sponsor and/or Manager of Alternative Investment Fund involving scheme of arrangement under Companies Act, 2013
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Change of control approvals require prior regulatory filing, time-bound in-principle clearance, and specified post-sanction submissions.
An application for approval of change in control of an AIF Sponsor/Manager involving a scheme of arrangement must be filed with the regulator before initiating the scheme sanction process; upon regulatory satisfaction in-principle approval will be granted for a limited validity within which the sanction application must be filed. After sanction, final approval requires submission within the prescribed period of: application for final approval, sanctioning order, approved scheme, a statement of modifications to the draft scheme with reasons, and compliance details against in-principle conditions.
Introduction of Restoration of Cancelled Registration based on Appellate order
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Restoration of Cancelled Registration: new functionality enables range officers to restore registrations pursuant to appellate or judicial orders online.
An online Restoration of Cancelled Registration functionality has been deployed to enable jurisdictional Range officers to restore GST registrations pursuant to judicial or appellate orders, covering registrations cancelled suo motu by officers and those cancelled at taxpayers' request; permissions for officers are being enabled and a user guide accompanies the feature.
Delegation of Powers under Section 83 of the Delhi GST Act, 2017 to Assistant Commissioners and GST Officers
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Delegated statutory powers require case-specific supervisory approval before designated officers may exercise their lawful authority.
Powers under Section 83 of the Delhi Goods and Services Tax Act, 2017 are delegated to Assistant Commissioners and Goods and Services Tax Officers as Proper Officers. Exercise of the delegated authority is conditional upon obtaining case-specific approval from the concerned Zonal Incharge, Special Commissioner, Additional Commissioner, or Joint Commissioner.
Assignment of Functions under Sections 78 and 79 of the Delhi GST Act, 2017 to Assistant Commissioners and GST Officers
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GST recovery functions empower designated officers to initiate recovery proceedings and recover tax or other amounts due.
Assignment of GST recovery functions authorises all Assistant Commissioners and Goods and Services Tax Officers in the Department of Trade and Taxes to perform the functions of a Proper Officer under the Delhi Goods and Services Tax Act, 2017. The assignment covers functions concerning initiation of recovery proceedings and recovery of tax or other amounts due under the Act.

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Change in control of Sponsor and/or Manager of Alternative Investment Fund involving scheme of arrangement under Companies Act, 2013

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Change of control approvals require prior regulatory filing, time-bound in-principle clearance, and specified post-sanction submissions.
An application for approval of change in control of an AIF Sponsor/Manager involving a scheme of arrangement must be filed with the regulator before ... Summary

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Acts Income Tax