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Instruction No. 03/2023 - 27-01-2023 Customs
Cancellation of swapping order w.r.t. 8th & 9th Reallocation of Export Quota for export during Sugar Season 2022-23 and holding of export quota
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Export quota hold: specific sugar mills barred from exporting pending further orders under DFPD instruction.
Cancellation of specific swapped export-quota entries in the 8th and 9th reallocations withdraws the export entitlement of the named sugar mills and requires that their export quotas be held; Customs is directed to prevent exports from those mills and to sensitise officers to ensure compliance until further orders.
Circular No. 01/2023 - 27-01-2023 GST - States
Standard Operating Procedure (SOP) for implementation of the provision of suspension of registrations under sub-rule (2A) of rule 21A of PGST Rules, 2017
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Suspension of registration for discrepancies in GST returns triggers portal notice and a time-limited opportunity to respond before cancellation proceedings.
Provision for suspension of registration under sub-rule (2A) of rule 21A allows immediate suspension where return comparisons or other analyses show significant discrepancies indicating contravention and a threat to revenue; suspension is accompanied by an electronic intimation/notice (to be delivered via portal dashboard in FORM GST REG-17 until FORM GST REG-31 functionality exists) inviting the registrant to explain within a prescribed reply period, after which the proper officer may revoke suspension by FORM GST REG-20 or cancel registration by FORM GST REG-19 following examination and verification.
PUBLIC NOTICE 03 / 2023 - 25-01-2023 Customs
14th International Exhibition – Aero India 2023 at Air Force Station, Yelahanka Bengaluru from 13th February to 17th February 2023 – Reg.
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Temporary importation exemptions for exhibition aircraft permit duty-free clearance under ATA Carnet or specified notification with conditions.
Foreign aircraft and exhibition goods for Aero India 2023 at Yelahanka are treated as temporary imports subject to Customs Act provisions and may be cleared duty-free under an ATA Carnet or by claiming exemption under Notification No.8/2016, with mandatory filing of prescribed manifests and Bills of Entry manually before the Proper Officer at Yelahanka. Notification No.4/2019 waives bank guarantee/cash deposit for participating aircraft, but bonds and documentary compliance, open examination, value appraisal, transshipment procedures, ATF fuel recording, and re-export/shipping bill formalities remain required for exemption and closure.
190/02/2023-GST - 25-01-2023 GST - States
Clarifications regarding applicability of GST on certain services
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Subsidy characterization in GST: government incentives to acquiring banks treated as non taxable subsidy, not taxable consideration.
Accommodation services supplied by government messes to non business recipients are covered by the exemption at Sl. No. 6 of Notification No. 12/2017 State Tax (Rate). Incentives from MeitY to acquiring banks for RuPay Debit Card and low value BHIM UPI transaction promotion are classed as a subsidy linked to service price and not consideration for services, and therefore do not form part of taxable value.
189/01/2023-GST - 25-01-2023 GST - States
Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022.
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GST classification: clarified tariffs, exemptions and cess applicability for Rab, dal by products, beverages, snacks and SUVs.
Clarifies GST classification and tax treatment: Rab is classifiable under tariff heading 1702; Chilka, Khanda and Churi/Chuni are fully exempt from GST effective 1 January 2023 with intervening transactions regularized on an "as is" basis; carbonated fruit beverages fall under HS 2202 99 and attract the higher GST and compensation cess applicable to carbonated beverages; extruded snack pellets are classifiable under tariff item 1905 90 30; compensation cess applies to SUVs meeting all specified technical criteria; importers may claim lower IGST rates where eligible under other notifications.
PUBLIC NOTICE NO. 05/2023 - 24-01-2023 Customs
Customs (Assistance in Value Declaration of identified Imported Goods) Rules, 2023- reg.
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Identified goods valuation controls: Board may require unique codes and extra declaration checks to address suspected undervaluation.
The Rules create a procedure for the Board to specify classes or subsets of imported goods as identified goods where undervaluation is suspected, based on written references and committee review. A Screening Committee performs preliminary scrutiny and confirms reports; an Evaluation Committee conducts detailed analysis and issues reasoned reports specifying HS Code, Unique Quantity Code, technical particulars, precautionary unit value, additional importer obligations and checks, and an initial validity period. Importers must declare required particulars and fulfill obligations on the Customs Automated System, with prescribed compliance timelines and review mechanisms; specified exceptions apply.
GST Circular No. 02/2023 - 24-01-2023 GST - States
Clarifications regarding applicability of GST on certain services
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Subsidy exclusion from GST: government incentives to acquiring banks for digital payment transactions are not taxable.
Accommodation services provided by military and similar messes to personnel are treated as services supplied by government and exempt from GST when supplied to non business persons. Incentives paid by the central government to acquiring banks under the digital payments promotion scheme are subsidies directly linked to service price, not consideration for services to the government, and do not form part of the taxable value for GST purposes, hence not taxable.
GST Circular No. 01/2023 - 24-01-2023 GST - States
Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022
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GST classification clarifies codes and tax rates for Rab, dal by-products, carbonated fruit drinks, snack pellets, SUVs and imports.
Rab is classifiable under Tariff Heading 1702 and distinct from molasses. Dal/pulse milling by-products Chilka, Khanda and Churi/Chuni are exempt from GST from 1 January 2023 and interim matters are regularized on an "as is" basis. Carbonated beverages with fruit drink/juice fall under HS 2202 99 and attract the prescribed GST and Compensation Cess; an exclusion was added to Schedule II. Extruded snack pellets (fryums) fall under 1905 90 30 and attract the applicable GST. SUVs under heading 8703 meeting four specified specifications attract the specified Compensation Cess. Importers of goods in the annex to notification No. 3/2017 may claim a lower IGST rate where eligible under other notifications.
RBI/2022-23/169 - FMRD.FMID.No.07/14.01.006/2022-23 - 23-01-2023 RBI
‘Fully Accessible Route’ for Investment by Non-residents in Government Securities – Inclusion of Sovereign Green Bonds
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Fully Accessible Route now includes sovereign green bonds, permitting non-resident investment under existing FAR conditions.
All Sovereign Green Bonds issued by the Government in fiscal year 2022-23 are designated as specified securities under the Fully Accessible Route, permitting non-resident investment on the same terms as other FAR-eligible central government securities. The Directions are issued under Section 45W, apply with immediate effect, and are without prejudice to permissions required under other laws.
Policy Circular No. 45/2015-20 - 23-01-2023 DGFT
Implementation of Paper Import Monitoring System (PIMS) -Clarification
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Paper import monitoring requirement: mandatory PIMS registration for notified paper imports, with narrow sample and non commercial exemptions.
Compulsory registration under the Paper Import Monitoring System (PIMS) applies to imports of notified paper products regardless of transportation mode, import purpose, or incentive scheme, including Advance Authorization, DFIA, IGCR, EOU and SEZ/FTWZ. SEZ/FTWZ/EOU units must register at import; DTA re-registration is not required on clearance if no processing has changed the HS code at 8-digit level. Limited exemptions include certain sample consignments meeting the prescribed FOB threshold and case-by-case non-commercial imports under a common IEC for individuals and government agencies.
Public Notice No. 05/2023 - 20-01-2023 Customs
Customs (Assistance in Value Declaration of Identified Imported Goods) Rules, 2023(CAVR, 2023) -reg.
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Assistance in value declaration: specified obligations and checks ensure importers substantiate declared transaction value for identified goods.
The rules set procedures for identifying classes of imported goods suspected of undervaluation and require that, once specified as identified goods, importers declare prescribed information in the Bill of Entry and, if prompted by the Customs Automated System, fulfil additional obligations and submit to specified checks to demonstrate the truthfulness and accuracy of declared value; continued doubt by the proper officer triggers proceedings under rule 12 of the Customs Valuation Rules, 2007.
PUBLIC NOTICE No. 03/2023 - 20-01-2023 Customs
Waiver of penalty for late filing of Bills of Entry due to non-functioning of ICEGATE- regd.
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Waiver of late fee for delayed Bills of Entry due to electronic portal outage; relief for affected filings.
Waiver of late fee is granted for delayed filing of Bills of Entry caused by the electronic filing portal's non functioning; the relief covers Bills of Entry linked to the affected vessel entry period and belated filings within the specified contiguous dates, and the Public Notice operates as a Standing Order with difficulties to be reported to the Deputy Commissioner of Customs (Appraising Main) for action.
CCT/26-4/2022-23/F/3140 - 20-01-2023 GST - States
Guidelines for verifying the Transitional Credit in light of the order of the honourable Supreme Court in the Union of India v. Filco Trade Centre Pvt. Ltd., SLP(C) Nos. 32709-32710/2018, order dated July 22, 2022 and September 2, 2022
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Transitional credit verification: jurisdictional officers must verify TRAN-1/TRAN-2 claims and issue reasoned orders before ledger crediting.
Verification of Transitional Credit filed/revised through TRAN-1/TRAN-2 must be performed by the jurisdictional central or state tax officer who shall commence verification upon availability of the form or receipt of a self-certified copy, coordinate with counterpart officers where both central and state components exist, follow principles of natural justice, obtain supporting records, consider counterpart verification reports and applicant submissions, and pass a reasoned order quantifying allowed credit and upload it to the common portal for crediting to the electronic credit ledger.
CCT/26-4/2022-23/F/3139 - 20-01-2023 GST - States
Clarification on refund related issues
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Refund of unutilised input tax credit clarification: amended formula and specified goods restriction apply prospectively to future filings.
The amendment to sub rule (5) of rule 89 modifying the refund formula for unutilised input tax credit applies prospectively to refund applications filed on or after the amendment's effective date; earlier pending applications are to be processed under the prior formula. Separately, the notification restricting refunds for certain goods under specified chapters applies prospectively to refund applications filed on or after its effective date and does not impact applications filed before that date.
53/2015-2020 - 20-01-2023 DGFT
Amendments in Chapter 5 of the Handbook of Procedures, 2015-20-One time relaxation from maintenance of Average Export Obligation and extension in Export obligation period for specified EPCG Authorisations
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Export Obligation relaxation: targeted fee free EO extensions and EO waivers for specified EPCG authorisations amid COVID 19 disruption.
One-time relaxation of Average Export Obligation and extensions of Export Obligation (EO) periods are provided for specified EPCG authorisations due to COVID-19. Hotel, Healthcare and Educational sector authorisations are exempt from Average Export Obligation for 2020-21 and 2021-22 and qualify for fee free EO extensions equal to days within the COVID window, with prior extensions deducted; paid composition fees or other payments are not refundable. For other sectors, fee free EO extensions are available for a narrower period but carry a 5% additional EO in value terms on the balance EO, and the paid composition fee option remains available where eligible.
Trade Circular 8T of 2023 - 19-01-2023 GST - States
Clarifications regarding applicability of GST on certain service
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GST exemption for government supplied mess accommodation affirmed; digital payment incentives treated as non taxable subsidies under the circular.
Accommodation services supplied by military and similar messes to personnel or persons other than business entities are exempt under Sl. No. 6 of notification No. 12/2017 if they qualify as services supplied by Central/State/UT/local authorities. Incentives paid by MeitY to acquiring banks under the RuPay/BHIM UPI promotion scheme are subsidies directly linked to the price of the service and are not part of the taxable value under section 2(31) and section 15 of the CGST Act, 2017, therefore not taxable.
Trade Circular 7 T of 2023 - 19-01-2023 GST - States
Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022
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GST classification clarifications confirm tariff headings and rates for specified goods, and regularize past treatment as recommended.
Clarifies GST classification and rates: Rab falls under tariff heading 1702 attracting 18% GST; Chilka, Khanda and Churi/Chuni by products are fully exempt from GST from 1 January 2023 with intervening period treatment regularised; carbonated fruit beverages are classifiable as HS 2202 99 with applicable GST and compensation cess; extruded snack pellets are classifiable under tariff item 1905 90 30 at 18%; SUV compensation cess applies only where specified physical and engine criteria are all met; importers can claim lower IGST where eligible.
PUBLIC NOTICE NO. 02/2023 - 19-01-2023 Customs
Launch of new functionality of Customs Brokers Licensing Management System (CBLMS) – Reg.
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Customs Pass management: issuance, renewal and cancellation must now be processed exclusively through the CBLMS online portal.
CBLMS portal now governs issuance, renewal and cancellation of Customs Passes for broker employees nationwide; only brokers with successfully submitted and validated CB profiles or new brokers whose licences are issued through CBLMS may use the portal. A user manual detailing the process flow is available under the portal's Knowledge Centre.
GST-23/2023 - 19-01-2023 GST - States
Clarifications regarding applicability of GST on certain services
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GST exemption for government supplied mess accommodation affirmed; MeitY incentives to banks treated as non taxable subsidies.
Accommodation services supplied by Air Force and similar messes to personnel who are not business entities are covered by the exemption at Sl. No. 6 of Notification (12/2017) when such services qualify as supplied by Central/State/UT/local authorities. Incentives paid by MeitY to acquiring banks under the RuPay/BHIM UPI promotion scheme are subsidies linked to service price and do not form part of the taxable value under the KGST Act, 2017.
GST- 22/2023 - 19-01-2023 GST - States
Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022
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GST classification clarifies product headings and applicable tax treatments for Rab, by products, beverages, snacks, SUVs, imports.
Rab, distinct from molasses, is classifiable under tariff heading 1702 and attracts the GST rate for that heading. By-products of pulse/dal milling (Chilka, Khanda, Churi/Chuni) are fully exempt from GST from 1 January 2023 and interim matters are regularised on an "as is" basis. Carbonated fruit beverages are assigned HS 220299 and fall under the specific notification entries with applicable GST and compensation cess; snack pellets manufactured by extrusion are classifiable under 1905 90 30. SUVs meeting all four specified criteria attract the stated compensation cess. Importers of goods listed in Notification No. 3/2017 may claim a lower IGST rate where eligible.

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Central Excise

Changes in Customs, Central Excise, GST law and rates have been proposed through the Finance Bill, 2023

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Customs duty rationalization adjusts tariff rates and exemptions, recalibrating AIDC and social welfare surcharge impacts on imports.
The Finance Bill, 2023 and associated notifications reconfigure import duty architecture by reducing the number of BCD rates, recalibrating BCD, AIDC and ... Summary

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