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Circulars
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De-listing of agencies authorized to issue Certificates of Origin- (Non Preferential) from Appendix 2E of FTP, 2023
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De listing of Certificate of Origin issuers after failure to onboard on the electronic CoO platform withdraws authorization to issue non preferential CoO.
DGFT removed specified chambers and agencies from Appendix 2E for failing to complete mandatory on-boarding on the e CoO platform after repeated notices; those entities are no longer authorized to issue Certificate of Origin (Non Preferential) until they comply with the electronic on-boarding requirement under the Foreign Trade Policy.
Export of Parboiled Rice (CTH 1006.30.10)- Changes in the Policy.
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Export of Parboiled Rice now requires laboratory confirmation as a live consignment before Let Export Order is issued.
Samples of consignments classified as Parboiled Rice (CTH 1006.30.10) must be drawn at dock/shed and sent immediately to CRCL as live consignments; a Let Export Order will be granted only after receipt of a confirmatory CRCL test report identifying the goods as Parboiled Rice; exporters need not furnish bonds for such consignments.
Implementation of Ex-Bond Shipping Bill in ICES 1.5
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Ex-bond Shipping Bill in ICES links into bond records and updates warehouse ledgers on export filing.
An ex-bond shipping bill format in ICES 1.5 requires a single warehouse code per SB and mandatory item-level linkage to the into-bond bill (site, number, date, invoice serial and item number). One into-bond BE can be captured per item line; multiple into-bond origins must be entered as separate item lines though they may appear in one SB for the same warehouse. Filing debits exported quantity from the warehouse ledger, cancellation or purging re-credits it, and amendments update the ledger automatically. The ex-bond SB is confined to warehoused goods exported as such and excludes incentive benefits.
Order under rule 5 of the Customs (Assistance in Value Declaration of Identified Imported Goods) Rules, 2023 for the Linear Alkyl Benzene (LAB)
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Identified goods designation: Linear Alkyl Benzene now subject to specific declaration and documentary requirements under customs rules.
Linear Alkyl Benzene (HS 38170011) is designated as identified goods; importers must declare value using Unique Quantity Code Kilogram (KG) and submit a Test Certificate, Manufacturer's Invoice, Purchase Order or Contract, and the manufacturer's manufacturing process. The proper officer shall verify compliance with the Linear Alkyl Benzene (Quality Control) Order, 2022. These requirements apply from 26 September 2023 to 25 September 2024.
Extension of timelines for filing of Form 10B/10BB and Form ITR-7 for the Assessment Year 2023-24
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Extension of filing deadlines for Form 10B/10BB and ITR 7: audit report due 31 Oct; ITR 7 due 30 Nov 2023.
The CBDT administratively extends the due date for furnishing audit reports in Form 10B/Form 10BB for the previous year 2022-23 from 30 September 2023 to 31 October 2023, and separately extends the due date for filing Form ITR 7 for assessment year 2023-24 from 31 October 2023 to 30 November 2023, providing relief to affected trusts, funds, institutions and exempt entities.
CBIC Advisory regarding processing of requests received from Private Vessel Operators for Customs clearance at non-notified Sea Ports in support of respect import goods/construction materials for Government Projects for which the permission/approval of the Board is required.
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Permission for customs clearance at non-notified seaports requires Board approval after jurisdictional verification and forwarding.
Requests for customs clearance at non-notified sea ports for government-project imports requiring Board approval must include supporting documents from the government agency or beneficiary and any required NOC; third-party requests need importer authorization. Such requests are to be addressed to the jurisdictional Principal Commissioner or Commissioner of Customs (Port) except in urgent cases for direct Board consideration. The jurisdictional Customs office must verify the authenticity of submissions, may seek further evidence, and, once satisfied, forward the request with a verification report to the Board for approval.
Regulatory Reporting by AIFs
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Quarterly reporting for AIFs required in revised format with defined submission deadlines on SI Portal.
AIFs must submit quarterly reports in a revised standardized format, prepared with industry associations and hosted on their websites, with associations providing implementation assistance. Reports are to be filed online on the SEBI Intermediary Portal in the prescribed format within the prescribed filing window after each quarter. The format will be reviewed periodically by associations or an AIF Standard Setting Forum in consultation with the regulator, with any revisions published at least one month before the relevant quarter end.
Regarding Time extension of GST Audit for 2018-19
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GST audit time extension permits assigned officers to complete financial-year audits for listed registered persons within an additional period.
GST audit completion for the financial year 2018-19 receives a three-month extension under Section 65(4) of the Bihar Goods and Services Tax Act, 2017. The extension applies to officers assigned to complete audits concerning 65 specified registered business entities across the Central, Magadh, Darbhanga, Purnea and East Divisions.
Order related to Empowerment of Officers under Section 65 of BGST Act.
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GST audit powers are conferred on designated officers for financial-year audits within their assigned zonal jurisdictions.
GST audit powers under Section 65 of the Bihar Goods and Services Tax Act, 2017 are conferred on designated Deputy Commissioners, Assistant Commissioners and a Joint Commissioner of State Tax for audits relating to the financial year 2019-20. The officers may exercise these powers only within their assigned zonal jurisdictions across the specified divisions, circles and zones.
Norms for posting of officers and benchmark performance criteria while granting exemption from payment of Cost Recovery Charges (CRC) at Air Freight Stations (AFS)
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Eligibility for waiver of Cost Recovery Charges: AFS must meet specified staffing, cargo volume and document benchmarks over prior years.
The circular prescribes staffing norms for AFS on Cost Recovery Charge basis-both-import-export AFS: 1 Deputy/Asst. Commissioner, 4 Inspectors, 2 STA/TA, 2 Hawaldar (total 11); export-only AFS: 1 Deputy/Asst. Commissioner, 2 Inspectors, 1 STA/TA, 2 Hawaldar (total 8). It establishes benchmark criteria for CRC waiver: both-import-export AFS require 4000 MT annual cargo and 14,000 bills; export-only AFS require 2000 MT and 7,000 shipping bills. Eligibility requires meeting both criteria in the preceding two financial years or any one criterion in the preceding four years; other procedural rules of Circular 02/2021 apply.
Clarifications regarding applicability of GST on certain services
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Reverse charge for director-supplied services clarifies personal-capacity rentals are excluded whereas director-capacity supplies attract RCM.
Services supplied by a director to the company attract Reverse Charge Mechanism only when supplied by him in his capacity as director; personal-capacity supplies such as renting immovable property are excluded. Food or beverages supplied in cinema premises constitute restaurant service if supplied by way of or as part of a service and independently of the exhibition service, while bundled ticket-and-food sales that form a composite supply are taxable at the rate applicable to the principal exhibition service.
Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 50th meeting held on 11th July, 2023
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GST rate reclassification for specified goods; certain supplies reclassified and past period treatments regularised on an as is basis.
Circular clarifies GST classification and revised rates for specified goods (including extruded un cooked snack pellets, fish soluble paste, desiccated coconut, biomass briquettes, imitation zari yarn, raw cotton supplies to cooperatives, areca leaf plates and cups, and goods under HSN 9021), notifies the applicable tariff headings and rate changes effective from the Council recommendations, and regularises past-period treatment on an "as is" basis while stating no refunds where higher GST was already paid.
Clarification regarding taxability of services provided by an office of an organisation in one State to the office of that organisation in another State, both being distinct persons.
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Input tax credit allocation: HO may use ISD or issue invoices to BOs, with valuation rules for full ITC.
HO may either distribute ITC for common input services to BOs via the Input Service Distributor mechanism (requiring ISD registration) or issue tax invoices under section 31 so BOs can avail ITC; distribution or invoicing is allowed only where services are attributable to or actually provided to the BOs. For internally generated services, where the recipient BO is eligible for full ITC the invoice value is deemed open market value under rule 28; omission of specific cost components does not alter that deemed value. Employee salary need not be compulsorily included in value where recipient is not eligible for full ITC.
Clarification on issue pertaining to e-invoice.
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E-invoicing requirement: suppliers exceeding turnover threshold must issue e-invoices for supplies to government entities registered for tax deduction.
Government Departments, establishments, agencies, local authorities and PSUs registered solely for tax deduction at source are to be treated as registered persons under GST; suppliers whose turnover exceeds the prescribed e-invoicing threshold must therefore issue e-invoices for supplies made to such government entities under the applicable GST rules.
Clarification on refund related issues.
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Refund entitlement tied to ITC reflected in GSTR 2B, with adjusted turnover and undertaking rules clarified for exporters.
Refund of accumulated input tax credit is restricted to ITC reflected in FORM GSTR 2B for the tax period or any prior tax periods where credit is available; this applies to refund claims from January 2022 onwards. The FORM RFD 01 undertaking remains required but references to Section 42 and to FORM GSTR 2 and FORM GSTR 3 are deleted. Adjusted total turnover must include export values as determined by the Explanation in rule 89(4). Exporters who later export or realize payment may claim refund of unutilized ITC and, within permitted timeframes, refund of IGST paid earlier, but interest paid under rule 96A(1) is not refundable.
Clarification on taxability of shares held in a subsidiary company by the holding company.
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Taxability of holding shares in a subsidiary: mere shareholding is not a supply and is not taxable under GST.
Holding of shares in a subsidiary by a parent company does not, by itself, constitute a supply of services under GST and is not taxable on that basis. Securities, including shares, are neither goods nor services; classification entries like SAC 997171 do not convert mere shareholding into a taxable service. Taxation requires an actual supply as defined by law, so holding share capital in a subsidiary cannot be treated as a supply of services and cannot be taxed under GST absent facts establishing a supply.
Clarification on availability of ITC in respect of warranty replacement of parts and repair services during warranty period
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Input tax credit: warranty replacement parts and repair services supplied without extra charge are not subject to further GST.
Replacement parts and repair services provided during a warranty without separate consideration do not attract further GST because the original supply value includes anticipated warranty costs; any additional consideration charged for replacements or repairs is taxable. Manufacturers need not reverse input tax credit for such warranty replacements or repairs. Distributor scenarios vary: no GST when distributor provides warranty service to the customer without charging them; GST applies when distributor charges either the customer or the manufacturer under a taxable supply. Extended warranties contracted at sale form part of the composite supply; those contracted later are separate taxable contracts.
Clarification on TCS liability under Sec 52 of the WBGST Act, 2017 in case of multiple E-commerce Operators in one transaction
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TCS liability with multiple e-commerce operators: supplier-side ECO collects TCS unless supplier is an ECO, then buyer-side collects.
Where multiple ECOs facilitate a supply and the supplier-side ECO is not the supplier, the supplier-side ECO who ultimately releases payment to the supplier must collect and remit TCS and comply with Section 52; the buyer-side ECO that only forwards funds after its commission is not required to collect TCS. Conversely, if the supplier-side ECO is itself the supplier, the buyer-side ECO that collects payment and remits the balance must collect and remit TCS and perform Section 52 compliances.
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 the period 01.04.2019 to 31.12.2021.
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Input Tax Credit reconciliation: guidance limits permissible excess ITC claimed against supplier reported credits and requires supplier payment proof.
Clarifies treatment of discrepancies between Input Tax Credit claimed in FORM GSTR-3B and that reflected in FORM GSTR-2A for 01.04.2019-31.12.2021, applying prior circular guidance to pre rule periods and prescribing percentage caps on additional credit permitted for specified sub periods. Additional ITC under the rule was a facilitative measure subject to the core condition that supplier tax must be paid; excess beyond prescribed caps is inadmissible even with certificates. From the later statutory amendment date, ITC is allowed only if reported by suppliers and communicated through automated communication, with cumulative adjustment provisos noted and applicability limited to ongoing proceedings.
Board nomination rights to unitholders of Real Estate Investment Trusts (REITs)
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Board nomination rights for REIT unitholders enable ten-percent holders to appoint a non-independent nominee director under prescribed procedures.
Unitholders holding ten percent or more of a REIT's outstanding units may nominate one non-independent Unitholder Nominee Director to the Manager's board, subject to a Manager-adopted policy on qualifications, remuneration, evaluation and removal. Eligible unitholder(s) must notify the Manager within prescribed timelines with candidate particulars; the Manager's Nomination and Remuneration Committee/Board shall confirm eligibility within ten days and effect appointment within thirty days. The Manager must review monthly that nominating unitholder(s) continue to hold the threshold and report to the Trustee; loss of threshold requires immediate resignation of the nominee. Trust deeds and IMAs are to be amended to incorporate these rights within six months.

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Roll out of Mobile X-Ray Container Scanners (MXCS) Installed at APMT and NSICT/DP WORLD Terminals and working hours of MXCS at NSICT/DP WORLD (Scan Mode-M2) and APMT (Scanned Mode- M3) - regarding.

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Mobile X Ray Container Scanner operation expanded to continuous duty; diverted scans may be routed to alternate terminals during maintenance.
Mobile X Ray Container Scanners (MXCS) at APMT will operate 24x7; containers selected for scanning that cannot be processed at APMT due to preventive ... Summary

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Acts Income Tax