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Regulatory framework for Execution Only Platforms for facilitating transactions in direct plans of schemes of Mutual Funds
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Execution-only platform regulation mandates registration, KYC allocation, data governance, immediate order routing, and conflict controls for mutual fund direct plans.
SEBI mandates a regulatory framework for Execution Only Platforms (EOPs) for transactions in direct plans of Mutual Funds, requiring registration as either Category 1 with AMFI (agents of AMCs, may aggregate transactions) or Category 2 as Stock Brokers under an EOP segment (agents of investors, no aggregation). The framework prescribes eligibility, KYC and onboarding responsibilities (with AMCs retaining KYC compliance for executed transactions), order routing and immediate execution rules, operational risk management, data governance, cybersecurity, disclosure limits on advertisements and recommendations, conflict-of-interest controls, fee constraints to flat non-ad-valorem charges, and specified record-keeping and reporting obligations.
Corrigendum to Circular on Participation of Mutual funds in repo transactions on Corporate Debt Securities dated June 8, 2023
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Mutual fund participation in repos affirmed by corrigendum, confirming eligibility under governing mutual fund provisions.
The corrigendum replaces Clause 1 of the earlier circular to clarify that Para 12.18 of the Master Circular on Mutual Funds permits mutual funds to participate in repo transactions in corporate bond securities, reaffirming the scope of eligible repo activity for mutual funds under the mutual fund regulatory framework.
Annual Revenue from GST and other Commercial Taxes — Measures to achieve revenue optimization
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GST Audit Reforms require visit audits for high-yield taxpayers and standardized monitoring to improve tax compliance.
The circular mandates strengthening GST audit by directing Visit Audit for Top and high-yield taxpayers, establishing Thematic Audit planning through state and divisional coordination, constituting an Audit Monitoring Committee in each DGSTO to vet initial audit objections and standardise practices, and prescribing mandatory use of analytics and specified annexures/formats for case-wise and consolidated audit and adjudication reporting to enable centralized monitoring and performance review.
AEO programme digitization - Ease of doing business- Dispensing with physical submission of documents for AEO applications-Reg.
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AEO programme digitization requires online registration and electronic submission of all application documents for certification.
Dispensing with physical documents, the AEO programme now mandates online registration and electronic submission of all annexures and supporting documents for AEO-T1, AEO-T2, AEO-T3 and AEO-LO applications via the CBIC web portal; the upgraded portal supports real time monitoring, deficiency responses through online uploads and digital certification, applicants must use the step wise guides on CBIC and AEO India sites, earlier Circular 33/2016 is modified, and the Public Notice operates as a standing order for AEO Cell staff.
Mandatory additional qualifiers in import/export declarations in respect of certain products wef 1.7.2023 -reg
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Import/export declarations now require additional product qualifiers including IUPAC/CAS, plant and formulation identifiers from 1 July 2023.
Importers must declare the IUPAC name and CAS number of constituent chemicals for goods under chapters 28, 29, 32, 38 and 39 in the Bill of Entry; exporters must declare medicinal plant name (chapter 12), formulation name (chapter 30) and surface material contacting chemicals (chapter 84) in Shipping Bills. These additional qualifiers, in formats set out in Annexures 1 and 2, are mandatory and additive to existing declarations for filings on or after 01.07.2023.
Withdrawal of 'Detention Notice' dated 15.05.2023 issued to the exporter M/s. P2P Services Works, (IEC-0304012246) -Reg.
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Detention notice withdrawal after realization of recoverable arrears, restoring exporter's compliance status under customs detention provisions.
A detention notice had been issued against an exporter citing an Order in Original and a confirmed recoverable demand with interest and penalty. Following realization of the recoverable arrears by the customs office, the detention notice is withdrawn with immediate effect by the deputy commissioner as the administrative response to satisfaction of the demand.
Implementation of Hon’ble Supreme Court's directions as per judgment dated 28.04.2023 in matter of Civil Appeal No. 290 of 2023 relating to ‘pre-Import condition’-reg.
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Pre-import condition compliance alters IGST and compensation cess liability; claimants may seek refund or input credit upon application.
Imports failing the pre-import condition under the Advance Authorization scheme are liable for IGST and Compensation Cess; affected importers may apply to the jurisdictional commissioner for refund or input tax credit, subject to case-by-case examination. Ports must permit reassessment by cancelling the Out-of-Charge on the Bill of Entry, accept payment against an electronic Customs EDI challan, and create a notional OOC to transmit IGST and cess details to GSTN, enabling ITC subject to CGST eligibility and refund provisions.
Advance Authorization scheme - violation of pre-import condition - Regularization of default against import on or after 13.10.2017 & upto and including 09.01.2019 - Implementation of Hon'ble Supreme Court direction in judgment dated 28.04.2023
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Pre-import condition compliance: imports under Advance Authorization may be regularized by prescribed payments for the specified period.
Imports under the Advance Authorization Scheme effected on or after 13.10.2017 and up to and including 09.01.2019 that did not meet the pre-import condition may be regularized by making payments as prescribed in the Customs Circular; Regional Authorities are to guide trade and report implementation difficulties to the Directorate.
Upstreaming of clients’ funds by Stock Brokers (SBs) / Clearing Members (CMs) to Clearing Corporations (CCs)
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Upstreaming of clients' funds: SBs/CMs must transfer all client monies to CCs via cash, liened FDRs, or pledged MFOS units.
All client funds held by Stock Brokers and Clearing Members must be upstreamed to Clearing Corporations as cash, lien-marked FDRs meeting CC exposure norms and pre-terminable within one year, or as pledged dematerialized units of Mutual Fund Overnight Schemes held in a dedicated Client Nodal MFOS Account and pledged through the prescribed pledge/re-pledge mechanism; designated Up Streaming and Down Streaming Client Nodal Bank Accounts must be used with specified cutoff times for upstreaming and release, permitted withdrawal scenarios are limited, CCs must enable collateral utilisation and margin adjustment, and bank-CMs and proprietary funds are excluded.
Online processing of investor service requests and complaints by RTAs
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Online processing of investor service requests mandates RTAs to implement portals with URN, tracking, authentication, and compliance.
Mandates RTAs servicing listed companies to implement publicly accessible websites and online portals enabling investor authentication, submission of standard forms (uploadable or fillable), generation and use of a unique reference number (URN), online acknowledgement, and status tracking; requires cybersecurity, BCP/DR compliance, a Company Secretary compliance certificate post implementation, investor notifications, and uniform document lists with provision for seeking additional documents in specific cases.
Participation of Mutual funds in repo transactions on Corporate Debt Securities
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Repo participation by mutual funds: permitted on listed AA and above corporate debt, CPs and CDs; look through ratings apply.
Mutual funds may enter repos on listed AA and above rated corporate debt securities, Commercial Papers and Certificate of Deposits. Credit exposure for regulatory metrics shall be assessed on a look through basis to the underlying securities' ratings. Repos with settlement guaranteed by a Clearing Corporation shall be excluded from single issuer, group issuer and sector investment limit calculations. Other prior conditions remain unchanged and the provisions are effective immediately.
Import of Watermelon Seeds under ITC(HS) 12077090 of ITC(HS), 2()22 Schedule-I (Import Policy) for the period up to 31.10.2023
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Import allocation of watermelon seeds limited and licensed on actual user basis; applications by deadline with specified documentation.
Imports of watermelon seeds under ITC(HS) 12077090 are capped for the period up to 31 October 2023 and allowed only on an Actual User basis. Applications from processors must be filed by the publicised deadline and exclude IECs issued on or after the notice date. Applicants must supply a pre-existing FSSAI licence showing processing capacity and a CA certificate of overall and watermelon-seed-specific turnover; one application per IEC and mis-declaration carries a two-year disqualification. The Exim Facilitation Committee will allocate quantities using 70% weight for processing capacity and 30% for average past imports, with DGFT reserving rights to set floors/ceilings and amend the process.
Amnesty Scheme for one-time settlement of default in export obligation by Advance and EPCG authorization holders - Notification No. 32/2023-Customs dated 26.04.2023.
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Amnesty scheme for export obligation defaults allows duty payment with prescribed capped interest to regularise shortfalls.
Scheme allows Advance Authorization and EPCG holders to regularise bona fide export obligation defaults by paying applicable Customs duty for the EO shortfall with interest as prescribed by the DGFT Public Notice; cases involving fraud, mis-declaration, or unauthorised diversion are excluded and duties paid under the scheme are not eligible for CENVAT credit or refund.
Advance Authorization scheme - violation of pre-import condition - Permission to claim of refund or input credit - Detailed procedure and directions issued - Implementation of Hon'ble Supreme Court direction in judgment dated 28.04.2023 [UOI and others vs. Cosmo Films Ltd.]
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Pre-import condition enforcement: affected importers must pay IGST and may claim refund or input credit via prescribed procedure.
Mandatory enforcement of the pre-import condition in the Advance Authorization scheme requires imports failing that condition to be charged IGST and compensation cess with interest. Affected importers may apply to the jurisdictional assessment group at the port of import with documentary evidence to pay the tax, seek refund or claim input tax credit; customs will cancel OOC, reassess the bill of entry, accept payment via electronic challan, and make a notional OOC to transmit payment data to GSTN. ITC availability and refunds remain subject to statutory eligibility and rules.
Mandatory additional qualifiers in import/export declarations in respect of certain products wef 1.7.2023
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Mandatory import/export qualifiers require chemical IUPAC/CAS, medicinal plant and formulation identifiers to streamline customs clearance.
Import declarations for Chapters 28, 29, 32, 38 and 39 must include IUPAC name and CAS number of constituent chemicals and constituent fields at the time of filing; export Shipping Bills must include medicinal plant names for Chapter 12 parts, formulation names for Chapter 30 formulations, and surface material identifiers for specified Chapter 84 items. These qualifiers are additional to existing declarations, enabled under the electronic Bill of Entry and Shipping Bill regulations, and detailed identifier tables and field formats are provided in Annexures for mandatory use.
Risk Management and Inter-Bank Dealings - Non-deliverable derivative contracts (NDDCs)
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Non-deliverable derivative contracts: onshore INR NDDCs now permitted for resident non-retail hedging, cash-settlement allowed in local or foreign currency.
AD Category I banks operating IFSC Banking Units may offer NDDCs involving the Rupee to resident non retail users for hedging, cash settled in the Rupee. Cash settlement of NDDC transactions between AD Category I banks and between an AD Category I bank and a person resident outside India is permitted in the Rupee or any foreign currency. The Master Direction is amended to define NDDC as an OTC foreign exchange derivative contract that is cash settled without delivery of the notional underlying currencies.
Electronic Repairs Services Outsourcing (ERSO) – initiation of pilot at ACC Bengaluru
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Electronic repairs services outsourcing enables streamlined import for repair and re export with expedited customs clearance and bond mechanism.
The ERSO pilot at ACC Bengaluru establishes a streamlined import for repair and re export regime requiring advance, error free filing, legible e Sanchit uploads, and use of a continuity re export bond without bank guarantee debited/credited via EDI. A nominated nodal officer and team will fast track consignments, ensuring immediate first check examination on arrival, coordinated faceless assessment, and involvement of an empaneled Chartered Engineer or appropriate technology for identity verification. Designated controlled examination areas and resource augmentation by the Bengaluru Customs Zone are mandated, with weekly progress reporting during a three month pilot.
Transactions in Corporate Bonds through Request for Quote (RFQ) platform by Stock Brokers (SBs).
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RFQ platform obligation requires stock brokers to route a growing share of proprietary corporate bond trades via quotes to boost liquidity and transparency.
Stock brokers must increase use of the RFQ platform for proprietary secondary market trades in corporate bonds by meeting phased minimums through one-to-one or one-to-many quote modes, with compliance measured on a rolling basis across the current and two prior months; exchanges must notify members, amend rules, report implementation progress and file compliance reports with the regulator.
Master Circular for Electronic Gold Receipts (EGRs)
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Electronic gold receipts framework mandates regulated creation, trading and conversion with vaulting, reconciliation and margining safeguards.
The Master Circular consolidates the operational, custodial and market framework for Electronic Gold Receipts (EGRs): physical gold meeting prescribed standards is deposited with registered Vault Managers who create ISIN identified EGRs via a common depository interface; Depositories, Stock Exchanges and Clearing Corporations coordinate trading, reconciliation and extinguishment on withdrawal; Vault Managers must maintain specified security, insurance, recordkeeping, inspection and indemnity arrangements; and Clearing Corporations must apply mandated MTM, VaR and Extreme Loss margining with defined liquid asset haircuts and reporting.
Introduction of Online facility of requesting appointment for virtual meeting/personal hearing to the exporters from offices of DGFT w.e.f. 01.06.2023
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Online appointment facility enables exporters to request virtual or personal hearings with departmental offices and schedule hearings.
Introduction of an online appointment facility enabling exporters to request virtual meetings or personal hearings; Regional Authorities will schedule appointments and provide virtual hearing links. Access the service on the Department website via Services Request for video conference and consult the Help Manuals and Application Help & FAQs for guidance. Administrative approval and a contact email are provided for further communication.

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Format for Annual Secretarial Compliance Report for REITs

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Annual secretarial compliance report requirement: REIT managers must appoint a practicing company secretary and file the specified report within the prescribed period.
SEBI requires the Manager of a REIT to appoint a practicing company secretary to examine compliance with applicable SEBI regulations and to produce an ... Summary

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Acts Income Tax