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Circulars
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Entities allowed to use e-KYC Aadhaar Authentication services of UIDAI in Securities Market as sub-KUA
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e-KYC Aadhaar Authentication allowed for notified entities as sub-KUA; must register with UIDAI and enter KUA agreement.
Newly notified entities may act as sub-KUA to perform e-KYC Aadhaar Authentication in the securities market provided they enter the UIDAI-prescribed agreement with a KUA, register with UIDAI as sub-KUAs, adhere to SEBI's established Aadhaar-based KYC procedures and any further UIDAI requirements, and be onboarded by KUAs to enable Aadhaar authentication for KYC.
Clarification w.r.t. issuance and listing of perpetual debt instruments, perpetual non-cumulative preference shares and similar instruments under Chapter V of the SEBI (Issue and Listing of Non-convertible Securities) Regulations, 2021
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Perpetual securities compliance: instruments with RBI authorisation and discretionary loss absorbing features must follow Chapter V listing rules.
Instruments are subject to Chapter V only if the issuer has RBI permission, the instruments form part of non-equity regulatory capital, they are perpetual debt or perpetual non cumulative preference shares or similar, and they include issuer/RBI discretion over events such as conversion, write off, deferment/skipping of payments, early recall or change of terms. Stock exchanges and depositories must amend rules, disseminate the circular, raise stakeholder awareness and monitor compliance; the circular takes immediate effect.
Launch of new functionality of Customs Brokers Licensing Management System (CBLMS) – Reg.
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Customs pass management through CBLMS now mandatory for issuance, renewal and cancellation of brokers' employee passes.
Issuance, renewal and cancellation of Customs Passes for employees of Customs Brokers must be processed exclusively through the Customs Broker Licensing Management System (CBLMS) portal. The new functionalities are live nationwide and apply to existing brokers with validated CBLMS profiles and to newly licensed brokers whose licences are issued via CBLMS. A user manual explaining the process flow will be available under the "Knowledge Centre" tab on the portal.
Import of High risk food products at specific ports
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Import restrictions on high-risk food products to designated ports require customs implementation and trade notification for enhanced monitoring and traceability.
Import of specified high-risk food products-including milk and milk products, egg powder, meat and meat products, infant nutrition foods, and nutraceuticals/health supplements-shall be permitted only through designated points of entry listed by FSSAI. CBIC has modified its prior instruction to align with this port-specific import regime, directing customs formations to notify trade, sensitize officers, make advance arrangements for implementation, and report any difficulties to the Board. The designated port list is dynamic and will be updated periodically.
Grant of extension of time to entities operating/ desirous of operating as Online Bond Platform Providers (OBPPs) for making an application to obtain certificate of registration as a stock broker under the Securities and Exchange Board of India (Stock Brokers) Regulations, 1992
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Extension of time for OBPP registration allows additional filing period for stock broker applications after MCA e filing upgrade.
SEBI permits OBPPs to submit applications for stock broker registration under the SEBI (Stock Brokers) Regulations, 1992, acknowledging Regulation 51A and the requirement that OBPPs be Indian incorporated companies; an additional three week filing period from February 09, 2023 (until March 01, 2023) is granted due to MCA e filing portal upgrade-related filing difficulties, issued under SEBI's powers in Section 11(1) of the SEBI Act and Regulation 55(1) of the Issue and Listing Regulations.
Amendment in Circular No. 29/2020-Customs dated 22.06.2020 for allowing transhipment of Bangladesh export cargo to third countries through Delhi Air Cargo
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Transhipment permission expanded to include road movement to Delhi Air Cargo, allowing Bangladesh export cargo transit to third countries.
Insertion of Para 3A in Circular No. 29/2020-Customs authorises transhipment of Bangladesh export cargo by road from LCS Petrapole to the Air Cargo Complex, Delhi for onward shipment to third countries, subject to the procedure prescribed in the original Circular, effective from 15.02.2023 and until further direction from the Board.
03/2023 - 07-02-2023 Companies Law
Extension of Time for filing of 45 company e-Forms and PAS-03 in MCA 21 Version 3.0 without additional fee
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Extension of time for MCA filing without additional fee permits delayed e-form and PAS-03 submission after system transition.
Extension of time permits filing of specified company e forms in MCA21 Version 3.0 without additional fees for an additional 15 day period to accommodate the system transition and revised user registration process. Form PAS 03, closed in the prior system and relaunched in the upgraded system, may also be filed within that 15 day window without payment of extra fees when due dates fell in the transition period.
Enhanced obligations and responsibilities on Qualified Stock Brokers (QSBs)
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Qualified Stock Broker obligations strengthened to mandate enhanced governance, risk controls, cybersecurity and investor service mechanisms.
Designation of certain stock brokers as Qualified Stock Brokers (QSBs) triggers enhanced obligations: board-level oversight and dedicated committees, documented risk management policies covering KYC, operational, technology and outsourcing risks, surveillance of client behaviour, scalable IT capacity, and frameworks for orderly wind-down. QSBs must implement robust cybersecurity programs with dedicated security teams, regular VAPT and penetration testing, Business Continuity and Disaster Recovery procedures, investor service centers and online complaint redressal, periodic CERT IN audits, and submit prescribed reports to stock exchanges for enhanced monitoring.
Review of Chapter IX – Green Debt Securities of the Operational Circular for issue and listing of Non-Convertible Securities (NCS), Securitised Debt Instruments (SDI), Security Receipts (SR), Municipal Debt Securities and Commercial Paper (CP) dated August 10, 2021 (hereinafter referred to as the ‘NCS Operational Circular’), as amended from time to time
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Green debt securities disclosure obligations updated requiring enhanced initial and ongoing disclosures and third party review to prevent greenwashing
The circular replaces Chapter IX to require issuers of green debt securities to disclose environmental objectives, project eligibility criteria and alignment with taxonomies, systems for tracking deployment of proceeds, intended allocation between financing and refinancing, temporary placement of unutilised proceeds, and social and environmental risk mitigation. Listed issuers must provide annual verified utilisation reports, disclose unutilised proceeds, list financed projects with qualitative and, where feasible, quantitative impact metrics and methodologies, and include specified Business Responsibility and Sustainability Reporting elements. Third party review is required on a comply or explain transitional basis.
Waiver of Late fees on account of updation of changes vide Budget 2023-24 reg
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Late fee waiver for delayed Bills of Entry due to ICES system updation; one day waiver for affected advance filings allowed.
Waiver of late fees is provided for Bills of Entry filed belatedly due to ICES/ICEGATE shutdown during system updation for the budget; this waiver, under the Bill of Entry (Electronic Integration Declaration and Paperless Processing) Regulations, 2018, covers entry inwards on 02.02.2023 and grants a one day late fee exemption for advance Bills of Entry that could not be filed earlier because of the service unavailability, with implementation issues to be reported to the Additional Commissioner and the notice treated as a standing order.
Performance Audit Report No. 14 of 2022 “Sabka Vishwas (Legacy Dispute Resolution) Scheme (SVLDRS) 2019” of C&AG of India (Indirect Taxes- GST, Central Excise & Service Tax)
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Discharge certificate compliance: update withdrawn-appeal statuses and pursue unpaid voluntary disclosures under SVLDRS to protect revenue.
The Board directs jurisdictional officers to pursue cases where declarants filed under Voluntary Disclosure but did not discharge liabilities, to update appellate records so discharge certificates correspond to withdrawn appeals under section 127, and to coordinate with the Office of the Pr. DG Systems & Data Management to publish a watch list of non-SVLDRS challans and resolve technical issues preventing issuance of discharge certificates.
Corrigendum to Circular No. 23 of 2022 Dated 03.11.2022 Explanatory Notes to Finance Act, 2022
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Assessment year reference revised to permit any assessment year preceding the relevant assessment year, replacing prior limited phrasing.
Corrigendum to Circular No. 23 of 2022 amends the explanatory notes to the Finance Act, 2022 by providing that, in sub point (iii) of point (I) of sub paragraph (A) of paragraph 28.5, the phrase "two assessment years preceding such assessment year" shall be read as "any assessment year preceding such assessment year", replacing the prior limited temporal wording with an open reference to any prior assessment year.
Clarifications regarding applicability of GST on certain services
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GST exemption on government-supplied accommodation affirmed; subsidies to banks for digital payments treated as non-taxable.
Accommodation services supplied by Air Force and similar messes to personnel or non-business persons are covered by the exemption for services supplied by Central/State/UT/local authorities under notification No. 12/2017, if the services qualify as government-supplied. Incentives paid by MeitY to acquiring banks for promoting RuPay and low-value BHIM-UPI transactions are subsidies linked to the price of the service, not consideration from the government for services, and therefore do not form part of the taxable value and are not taxable under GST.
Guidelines on Anti-Money Laundering (AML) Standards and Combating the Financing of Terrorism (CFT) /Obligations of Securities Market Intermediaries under the Prevention of Money Laundering Act, 2002 and Rules framed there under
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Anti Money Laundering compliance: intermediaries must apply risk based KYC, CDD, monitoring and reporting obligations to clients.
The Master Circular mandates that securities market intermediaries implement written AML/CFT policies approved by senior management, apply a risk based Client Due Diligence process including KYC and beneficial ownership identification, perform ongoing transaction monitoring, report suspicious and specified transactions to FIU IND within prescribed timelines, maintain and retain client and transaction records to provide an audit trail, and designate a Principal Officer and Designated Director to ensure compliance; reliance on third parties for CDD is permitted subject to conditions, but ultimate responsibility remains with the intermediary.
Amendments to Operational Circular for Credit Rating Agencies
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Expected Loss based rating scale for infrastructure introduced; CRAs must follow new disclosure, withdrawal and governance rules.
Amendments introduce an Expected Loss (EL) based Rating Scale for infrastructure instruments with seven EL categories and require CRAs to prefix rating symbols with their name; they mandate press releases on withdrawal (stating reasons) except in specified cases, set procedures and timelines for initial rating communication, issuer acceptance or review/appeal and public disclosure of non-accepted ratings in prescribed formats, update half-yearly and six-month reporting annexures to capture rating actions and defaults, and strengthen governance by excluding MD/CEOs and business-responsible persons from rating committees and requiring issuer-review committees to be largely distinct and include one-third independent members.
Dos and don’ts relating to green debt securities to avoid occurrences of greenwashing
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Greenwashing prevention: issuers must ensure compliant use of proceeds and transparent disclosure to investors and ongoing monitoring.
Issuers of green debt securities must use proceeds only for activities within the regulatory definition, continuously monitor transition pathways to confirm reduction of adverse environmental impacts, quantify negative externalities, avoid misleading labels or false third party certification claims, disclose any non compliant use to investors, and, if required by debenture holder majority, undertake early redemption, while adhering to assigned ratings and continuous disclosure obligations.
Manner of achieving minimum public shareholding
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Minimum public shareholding compliance: prescribed methods include public issuance, promoter divestment, ESOP and ETF transfers with disclosure and undertakings.
SEBI prescribes permissible methods to achieve minimum public shareholding, including public issuance, offer for sale by promoters via prospectus or stock exchange mechanism, rights and bonus issues to public shareholders with promoters forgoing entitlements, QIP allotments, ESOP exercise subject to compliance and caps, promoter open market sales under alternative quantified schemes with prior announcement and undertakings, and transfer of promoter shares to ETFs with disclosure and subscription undertakings; stock exchanges must monitor compliance and report breaches, and the Board may approve other methods on application.
Launch of new functionality of Customs Brokers Licensing Management System (CBLMS) – Reg.
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Customs pass management: issuance, renewal and cancellation now processed exclusively through the online broker licensing portal.
Activation of CBLMS functionalities makes issuance, renewal and cancellation of Customs Passes for broker employees subject to exclusive submission and processing via the Customs Broker Licensing Management System. The portal applies to existing brokers with validated CB profiles and to new brokers licensed through CBLMS; a user manual detailing the process flow is available under the portal's Knowledge Centre.
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 rate classification clarifications require uniform application of central guidelines by State tax field formations.
GST rate and classification clarifications concerning certain goods are adopted for uniform implementation under the Tripura State Goods and Services Tax Act, 2017. State tax officers are directed to follow the Central Government guidelines on GST rates and classification of goods across the concerned field formations.
Prescribing manner of filing an application for refund by unregistered persons
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Refund for unregistered persons: temporary PAN registration and RFD-01 filing permit tax refunds when credit-note period has expired.
Enables unregistered recipients who bore GST on prepaid or advance-paid services to obtain refunds by taking temporary PAN-based registration, completing Aadhaar authentication, and filing Form GST RFD-01 under 'refund for unregistered person' with Statement 8, the supplier's certificate and supporting documents; refunds are limited to tax declared on the invoices, require separate applications per supplier or State, are available only where the credit-note period has expired, use the supplier's cancellation letter as relevant date when no receipt date exists, and will be processed by the proper officer with sanction in Form GST RFD-06.

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Central Excise

Appointment of Common Adjudicating Authority in respect of SCNs issued to M/s Shell India Markets Pvt. Ltd.

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Appointment of adjudicating authority centralises Chapter V Finance Act adjudication for specified show cause notices.
Pursuant to rule 3 of the Service Tax Rules, 1994 and clause (e) of sub section (2) of section 174 of the CGST Act, 2017, the Central Board of Indirect ... Summary

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Acts Income Tax