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Circulars
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Limited relaxation – dispatch of physical copies of financial statements etc. – Regulation 58 of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015
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Relaxation of physical dispatch requirement under Regulation 58 permits electronic delivery for certain non-convertible security holders until extension.
Limited relaxation of the obligation under Regulation 58(1)(b) permits omission of hard-copy dispatch of salient-feature statements to holders of listed non-convertible securities who have not registered email addresses, allowing electronic delivery instead; stock exchanges must notify issuers and disseminate the circular, which is issued under Section 11(1) of the SEBI Act read with Regulation 101 of the Listing Regulations.
Relaxation from compliance with certain provisions of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015
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Relaxation of physical dispatch requirement for annual reports extended; hard copies on request and AGM notices must include web-link.
Extension of relaxations from dispatching physical copies of specified documents to shareholders without registered email addresses is continued until September 30, 2023, subject to conditions: listed entities must send full annual reports to any shareholder who requests a hard copy and must disclose a web-link to the annual report in the AGM notice advertisement to enable shareholder access. The circular is effective immediately, stock exchanges must notify listed entities, and the relaxations are authorised under securities law and the listing regulations but remain subject to the Companies Act.
Procedure for Back to Town of Export Cargo. reg.
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Back to town procedure for export cargo: conditions for cancellation or amendment of shipping bill and mandatory full examination
Procedure sets a Back to Town regime for export cargo at CPP, CFS and port areas: if seals/RFID are intact unregistered containers may be returned with Shipping Bill cancellation; registered containers before LEO may be permitted BTT pending full examination and cancellation of the Shipping Bill if compliant; after LEO, BTT may be allowed only after full examination or scanning (hazardous cargo), cancellation of LEO and subsequent cancellation or amendment of the Shipping Bill; shut-out entire consignments lead to LEO cancellation and SB cancellation, while partial shut-outs are amended as short shipment. Investigation holds prohibit BTT.
Amendments to para 2.56 of Handbook of Procedure and addition of agencies to Appendix 2G
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Pre-shipment inspection: mandatory inspector photographs and upload requirement, PSIC verifiable by issuing IP address for agencies.
Amendments require inspectors to be physically present for pre-shipment inspections and to capture specified photographs: an inspector with an empty container showing the container number on a single closed door, the same inspector with the sealed container showing the same container number, and the inspection instrument with the container seal showing instrument serial and seal numbers. The PSIA must upload these photographs and/or videos to the DGFT portal when issuing the PSIC, and the PSIC must include a declaration that it was issued by the inspector from the country of inspection verifiable by IP address.
Clarification regarding the treatment of statutory dues under GST law in respect of the taxpayers for whom the proceedings have been finalised under Insolvency and Bankruptcy Code, 2016
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Treatment of statutory dues under insolvency: reduced GST demands must be intimated and recovery continued only for the reduced amount.
Where insolvency proceedings finalised against a corporate debtor reduce statutory GST dues for which a confirmed demand and recovery summary (Form GST DRC-07/DRC-07A) has been issued, the jurisdictional Commissioner shall issue an intimation in Form GST DRC-25 to the taxpayer and the authority conducting recovery, and recovery proceedings may be continued only in relation to the reduced amount, in accordance with Rule 161.
Clarification on various issue pertaining to GST
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No Claim Bonus under GST clarified as an admissible pre-disclosed discount reducing taxable insurance premium.
NCB granted by insurers is not consideration from the insured for refraining from claims. Where NCB is pre-disclosed in the policy and shown in the invoice, it qualifies as an admissible discount under clause (a) of sub section (3) of section 15 of the KGST Act and may be deducted from gross premium; GST is leviable on the premium payable after deduction of the NCB recorded in the invoice. The e invoicing exemption in the cited notification applies to the exempted entity as a whole for all its supplies.
Clarification with regard to applicability of provisions of section 75(2) of Karnataka Goods and Services Tax Act, 2017 and its effect on limitation
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Limitation on GST redetermination: officer must recompute tax within prescribed time and confined to timely-issued notices.
Where an appellate authority or court directs that a fraud-based show cause notice be treated as an ordinary-demand notice, the proper officer must re-determine tax, interest and penalty in accordance with the ordinary-demand provisions, issue the redetermination order within two years of communication of the appellate direction, and confine recomputation to amounts for which the original show cause was issued within the ordinary-demand limitation period; amounts outside that limitation must be dropped as time-barred.
Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for FY 2017-18 and 2018-19
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Input Tax Credit discrepancies: procedures to verify ITC claims where GSTR-3B exceeds GSTR-2A, requiring documentary certification.
Clarification directs that discrepancies between ITC claimed in Form GSTR-3B and amounts in Form GSTR-2A for FY 2017 18 and 2018 19 arising from supplier reporting errors be examined by the proper officer for fulfilment of ITC eligibility: possession of tax invoice, receipt of goods or services, payment of value and tax, timeliness, and any required reversals. Verification of supplier tax payment requires a UDIN bearing certificate from a Chartered or Cost Accountant in larger cases, or a supplier certificate in smaller cases. The guidance is case specific, limited to bona fide errors and ongoing proceedings for the two years.
Corrigendum of the circular no. 2223067 dated 02-01-2023
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Correction of statutory reference: Uttar Pradesh GST Act should replace Central GST Act in the earlier circular.
The corrigendum rectifies Computer Circular No. 2223067 dated 02-01-2023 by replacing the incorrect reference to the Central Goods and Services Tax Act, 2017 in the second line of the subject with the Uttar Pradesh Goods and Services Tax Act, 2017, and declares that the amended reading is effective from the original circular's date.
Clarification on various issue pertaining to GST
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No Claim Bonus tax treatment clarified: NCB is not consideration and is deductible from premium when invoiced, affecting GST.
No Claim Bonus is not consideration from the insured to the insurer for refraining from claims. Where NCB is pre-disclosed and specifically stated on the invoice, it qualifies as a deductible discount under clause (a) of sub section (3) of section 15 of the TNGST Act, and GST is chargeable on the premium after deduction of NCB. The e invoicing exemption afforded by the cited Tamil Nadu notification applies to the entity as a whole and covers all supplies made by that entity.
Clarification with regard to applicability of provisions of section 75(2) of Tamil Nadu Goods and Services Tax Act, 2017 and its effect on limitation
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Re-determination under section 75: proper officer must re-compute tax per section 73 within prescribed limitation periods.
When an appellate body deems a section 74 notice unsustainable and directs reclassification as a section 73 notice, the proper officer must issue the redetermination order within two years of communication of that direction and compute tax, interest and penalty by applying section 73(2) read with section 73(10); only amounts for which the original show cause notice was issued within the time permitted under section 73 can be re-determined, and amounts covered by notices issued beyond that limitation must be dropped.
Foreign Investment in India - Rationalisation of reporting in Single Master Form (SMF) on FIRMS Portal
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Foreign investment reporting streamlined: SMF submissions auto acknowledged, delayed filings subject to system computed late fee or compounding.
SMF submissions on the FIRMS portal will be auto acknowledged and must be verified by Authorised Dealer Category I banks within five working days. The system flags delayed reporting; delays up to three years are approvable on payment of a system computed Late Submission Fee with Regional Office confirmation, while delays beyond three years require approval only subject to compounding of contravention and subsequent application to the Reserve Bank. Communications and updates will be system generated and reflected on the portal.
Clarification on the entitlement of input tax credit where the place of supply is determined in terms of the proviso to sub-section (8) of section 12 of the Integrated Goods and Services Tax Act, 2017
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Place of supply rules: transportation to foreign destination treated as foreign place of supply; IGST payable and ITC claimable.
Where transportation of goods by way of service is to a destination outside India and both supplier and recipient are located in India, the place of supply is the foreign destination. Such supply is an inter State supply and IGST is chargeable. The recipient located in India is eligible to claim input tax credit of the IGST charged subject to the conditions of sections 16 and 17 of the TNGST Act. Suppliers must report the place of supply in GSTR 1 using State code '96 Foreign Country'.
Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for FY 2017-18 and 2018-19
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Input Tax Credit reconciliation: procedures to verify ITC claimed in GSTR 3B when not reflected in GSTR 2A, including documentary proof requirements.
Procedure to resolve differences between ITC claimed in FORM GSTR 3B and ITC appearing in FORM GSTR 2A for FY 2017 18 and 2018 19: proper officers must obtain invoice details and verify Section 16 eligibility (possession of tax invoice, receipt of goods/services, payment to supplier), check reversals under Sections 17/18 and timeliness under Section 16(4). To verify supplier tax payment, higher-value discrepancies require a CA/CMA certificate with UDIN, while lower-value discrepancies may be substantiated by a supplier declaration. Guidance applies to bona fide errors and ongoing proceedings only.
Prescribing manner of filing an application for refund by unregistered persons.
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GST refunds for unregistered recipients permit recovery of tax on cancelled supplies when credit notes are unavailable.
Unregistered recipients may seek GST refund for tax borne on cancelled construction-service agreements or terminated long-term insurance policies only when the period for supplier-issued credit notes has expired. The applicant must obtain temporary registration, complete Aadhaar authentication, file FORM GST RFD-01 with statement 8, supplier certification and supporting evidence, and use a PAN-linked bank account. The supplier's cancellation letter determines the relevant date for incomplete long-term supplies. Refund is limited to invoice tax and, where consideration is partly returned, to proportionate tax.
Clarification on various issue pertaining to GST.
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No Claim Bonus reduces taxable insurance premium, while e-invoice exemption applies across all supplies made by an exempt entity.
No Claim Bonus does not represent consideration for a supply by the insured, since the insured is not contractually obliged to refrain from making an insurance claim. Where disclosed in the policy and recorded in the invoice, No Claim Bonus is an admissible discount for valuing insurance services, and GST applies to the premium payable after that deduction. The exemption from mandatory e-invoicing for specified entities applies to the entity as a whole, covering all its supplies of goods and services.
Clarification with regard to applicability of provisions of section 75(2) of the Rajasthan Goods and Services Tax Act, 2017 and its effect on limitation.
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Re-determination under section 73 must be completed within prescribed limitation and limited to timely-issued notices.
The proper officer must issue any order re-determining tax, interest and penalty within two years of communication of the appellate direction, and may re-determine only those amounts (tax short-paid or not paid, wrongly availed or utilized input tax credit, or erroneous refund) where the original show-cause notice was issued within the limitation period applicable to non-fraud assessments; amounts where the non-fraud limitation had already expired are time-barred and the proceedings must be dropped.
Clarification on the entitlement of input tax credit where the place of supply is determined in terms of the proviso to sub-section (8) of section 12 of the Integrated Goods and Services Tax Act, 2017
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Place of supply rule: transportation to foreign destination is an inter State supply and IGST charged creditable to recipient.
Where both supplier and recipient are in India but goods are transported to a place outside India, the place of supply for transportation services is the foreign destination under the proviso to sub section (8) of section 12 of the IGST Act; such supplies are inter State and subject to IGST, and the recipient in India may claim input tax credit of the IGST charged subject to the conditions and apportionment rules in sections 16 and 17 of the RGST Act. Suppliers must report the place of supply as '96 Foreign Country' in Form GSTR 1.
Clarification to deal with difference in Input Tax Credit (ITC) availed in Form GSTR-3B as compared to that detailed in Form GSTR-2A for FY 2017-18 and 2018-19.
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Input Tax Credit verification: documentary proof and professional certification required where GSTR 3B and GSTR 2A reconciliation differs.
Where ITC claimed in Form GSTR 3B is not reflected in Form GSTR 2A for FY 2017 18 and 2018 19, the proper officer shall obtain invoice details from the claimant, verify possession of invoices, receipt of goods/services and payment to supplier, check for required reversals and timeliness, and confirm tax has been paid by the supplier. For larger aggregate discrepancies a CA/CMA certificate with UDIN is required; for smaller discrepancies a supplier certificate suffices. Relaxations are subject to a proviso for certain late FY 2017 18 returns. Applicability is limited to bona fide errors and ongoing proceedings.
Withdrawal of Circular No. 106/25/2019-GST dated 26.07.2019
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Retrospective repeal of refund rule prompts withdrawal of prior circular clarifying airport retail refund procedure.
Retrospective omission of rule 95A eliminated the statutory basis for certain airport retail refund claims, prompting the Commissioner to withdraw, ab initio, Circular No. 106/25/2019-GST which had provided clarifications; trade notices are requested to publicize the withdrawal.

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Monitoring and Periodical reporting of the compliance with the requirements pertaining to ‘Security and Covenant Monitoring’ system hosted by Depositories

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Security and covenant monitoring requires depositories to perform quarterly compliance checks and report instances of noncompliance to regulator.
Depositories must periodically monitor compliance with SEBI circulars on the Security & Covenant Monitoring System using Distributed Ledger Technology, ... Summary

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Acts Income Tax