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Circulars
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Clarification relating to export of services — sub-clause (iv) of the Section 2 (6) of the IGST Act 2017
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Export of services via Special Rupee Vostro Accounts satisfies the IGST Act payment condition for export classification.
Payment received by Indian exporters of services in rupees from designated Special Rupee Vostro Accounts of correspondent banks, pursuant to the RBI A.P. (DIR Series) Circular and Foreign Trade Policy procedures, shall be treated as fulfilling the payment requirement in sub clause (iv) of clause (6) of section 2 of the IGST Act, subject to conditions and approvals under the FTP and extant RBI circulars and without prejudice to other legal permissions.
Revision in manner of achieving minimum public unitholding requirement – Infrastructure Investment Trusts (InvITs)
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Minimum public unitholding requirement updated for InvITs; preferential allotment and sponsor sale processes clarified and disclosure mandated.
An additional method allows privately placed InvITs to meet the minimum public unitholding requirement via preferential allotment, counting only units issued to the public. Modifications to sponsor sale mechanisms provide two alternative divestment options-one subject to limits tied to trading volume and another to raise public unitholding to the regulatory threshold-with trading-volume limits not applicable to privately placed InvITs. The Investment Manager must announce proposed sales in advance and obtain undertakings preventing related parties from purchasing on sale dates; compliance with insider trading rules and InvIT Regulations is required. The circular is effective immediately.
Export of Rice — Requirement of sampling and testing before Let Export Order — Regarding.
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Export Sampling Requirement for rice consignments: testing mandatory before shipment; compliance and pre-stacking with prompt lab testing advised.
Pre shipment sampling and testing of all rice consignments is mandatory before grant of Let Export Order. Basmati rice may be exported subject to APEDA Registration and specified grain dimensions; Non Basmati white rice and Broken rice are prohibited; Parboiled and Brown/Rice in husk attract a twenty percent ad valorem export duty. Samples must be drawn and test reports obtained from the Custom House Laboratory within forty eight hours; exporters should pre stack consignments in CFSs/Customs areas to ensure testing and clearance before shipment.
M/s FedEx Express Transportation and Supply Chain Services Ind. Pvt. Ltd. as custodian in respect their own courier consignments is extended for a period of ten years i.e upto 30.10.203.
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Custodianship appointment extended: custodian liable for duties on lost or pilfered consignments and must meet security and bond conditions.
Appointment of M/s FedEx Express Transportation and Supply Chain Services (India) Private Limited as custodian for its own courier consignments at the FedEx facilities is extended for ten years, subject to statutory compliance, liability for duty on pilfered or lost goods while in custody, obligations for receipt, handling, storage, record-keeping and insurance of the notified area, provision of infrastructure and facilities for Customs staff, and financial security by bond supported by bank guarantee, government bond, or cash deposit.
Clarifications regarding applicability of GST on certain services
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GST on composite supply and pure agent treatment clarified; principal supply governs rate and specific exclusions affirmed.
Clarifies that input tax credit for the "same line of business" covers passenger transport and renting with operator but excludes leasing without operator; electricity bundled with rent or maintenance is a composite supply taxed at the principal supply rate, while electricity supplied and charged as a pure agent is excluded from value; job work converting barley into malt is treated as job work in relation to food products and attracts the food-product job work rate; District Mineral Foundations Trusts are Governmental Authorities eligible for government exemptions; horticulture services to CPWD with goods not exceeding 25% value qualify for notification-based exemption.
Clarification regarding GST rate on imitation zari thread or yarn based on the recommendation of the GST Council in its 52nd meeting held on 7th October, 2023
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GST rate on imitation zari thread clarified: metallised polyester/plastic film yarn falls under reduced GST; no inversion refunds.
Metallised polyester film or plastic film converted into yarn or combined with textile yarns falls within the HS description of yarn combined with or covered by metal and is to be treated as imitation zari thread or yarn under Schedule I, thereby attracting the concessional GST rate recommended by the Council; additionally, no refund shall be permitted on metallised polyester/plastic film on account of inversion, and the position has been given effect through amendment of the Central Tax (Rate) notification.
Issuance of H, G and Self category customs pass/card under regulation 13 of the CBLR 2018 —reg.
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Issuance of customs passes: streamlined documentation, electronic processing and prescribed timelines for deficiency response and card issuance.
Amendments delete the requirement to submit four years' business volume documents for fresh issuance and transfer of H, G and Self category customs passes and establish CBLMS processing timelines: deficiency memos issued within ten working days and cards issued within fifteen working days of application or satisfactory reply, with transfer of H and G passes processed within forty five days of application or fifteen days of a satisfactory reply. Physical submission and collection of pass applications is no longer required post CBLMS implementation.
Clarifications regarding applicability of GST on certain services
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GST applicability clarifications for certain services require uniform adherence by State Tax field formations under implementation guidelines.
GST applicability clarifications for certain services are to be applied uniformly by State Tax field formations in Tripura. Specified State Tax officers are instructed, under the power to secure uniform implementation of the Tripura State Goods and Services Tax Act, 2017, to follow the annexed central guidelines concerning GST on certain services.
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 and classification clarifications require uniform application by State tax officers under the State goods and services tax framework.
GST rate and classification clarifications issued following the GST Council's 50th meeting are adopted for uniform implementation under the Tripura State Goods and Services Tax Act, 2017. State tax officers are directed to follow the central guidelines concerning GST rates and classification of specified goods, with the objective of maintaining consistency in administration across field formations.
IEC numbers (exempted categories) to be used by non-commercial PSUs and Other categories of Importer/Exporter
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IEC numbers for exempted importers: designated codes must be used for specified non commercial import/export categories.
Designated IEC numbers are prescribed for use by specified non commercial PSUs and defined importer/exporter categories for import/export processing; the notice maps each IEC to a particular class of importer/exporter, directs their use in customs transactions, states that these IECs have been included in the ICES directory for non standard IECs, asks trade and broker associations to publicise the information, and declares the Public Notice a standing order for Customs (Port), Kolkata with contact channels for issues.
Container Scanning Operations and Examination revised procedures.
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Scanner non-functioning triggers direct full examination at port with notification, daily records and supervision by docks authorities.
When the AXIS X-ray scanner is non-functioning for more than twenty-four hours, CSD must post a notice with copies to AC/DC (Docks) and MBPT; containers selected for scanning need not be brought to CSD for FIR stamping and shall be moved directly to port for full examination under DC/Docks supervision. CSD will e-mail MBPT and DC Docks with the list of selected containers. The Docks officer will maintain records of each non-scanned container and send daily details to DC/SIIB and DC/CSD. The provision ends when CSD notifies scanner resumption.
Revision of All Industry Rates (AIRs) of Duty Drawbackreg.
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Revision of All Industry Rates of Duty Drawback updates tariff-specific rates, introduces caps and clarifies suffixing for claims.
Revision of All Industry Rates assigns an AIR and, where applicable, an upper cap to each tariff item; claimants must suffix tariff items with letter B to claim AIRs, while exports under the Special Advance Authorization Scheme require suffix D. The revision changes rates across sectors due to duty and price shifts, introduces new tariff items and refined descriptions, provides caps to limit drawback amounts, reclassifies certain entries (example: Schaeffers Acid), and clarifies that tariff headings in singular include plurals, covering cotton blends with multiple manmade fibres.
Clarification on issues pertaining to taxability of personal guarantee and corporate guarantee in GST
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Supply of service between related persons: guarantees are taxable and valuation follows Rule 28, with specified exceptions for personal guarantees.
The circular treats personal guarantees by directors as a supply of service between related persons and directs valuation under Rule 28; where RBI mandates no consideration for such personal guarantees, open market value may be treated as zero, yielding nil taxable value unless remuneration is actually paid. Corporate guarantees provided by related companies or by a holding company for its subsidiary are also supplies of service, with taxable value to be determined pursuant to Rule 28(2) as inserted by Notification No. 52/2023, irrespective of input tax credit availability. Rule 28(2) does not apply to personal guarantees.
Clarification regarding determination of place of supply in various cases
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Place of supply rules: default location of recipient governs transport, advertising space and colocation service classifications.
Where supplier or recipient is outside India, place of supply for transportation of goods (including mail/courier) follows the default rule: location of recipient if available, otherwise supplier. Advertising: sale or grant of rights to use hoarding is supply related to immovable property and place of supply is the location of the hoarding; mere display services by a vendor are advertising services and follow the default rule. Co-location services are generally Hosting and IT Infrastructure Provisioning and follow the default rule (location of recipient), except where only physical space and basic infrastructure are rented, in which case immovable-property rules apply.
Clarification relating to export of services - Settlement of export consideration in Indian Rupee (INR) through VOSTRO account – sub-clause (iv) of the Section 2 (6) of the IGST Act 2017
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Payment in INR via Special Vostro accounts qualifies as export of services payment under IGST, subject to RBI and FTP conditions.
Receipt of export proceeds in INR from balances in designated Special Rupee Vostro Accounts of correspondent banks, opened by AD banks under the RBI Vostro framework and Foreign Exchange Regulations, satisfies the payment requirement of sub clause (iv) of clause (6) of the IGST Act for export of services, subject to conditions and restrictions in the Foreign Trade Policy and applicable RBI circulars and without prejudice to other statutory permissions.
Revision of All Industry Rates (AIRs) of Duty Drawback.
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All Industry Rates revision updates duty drawback mechanics, tariff suffixes and caps, and requires stricter export scrutiny.
The Notification revises All Industry Rates (AIRs) of duty drawback, prescribing AIRs and applicable caps in the Schedule and requiring tariff items to be suffixed with 'B' (or 'D' for specified Special Advance Authorization apparel claims). Rates have been increased or rationalized across multiple chapters due to changes in duties, input CIF prices, FOB values and import intensity; new tariff items and description refinements are introduced and caps set or adjusted. Commissioners must ensure due diligence, scrutinize shipping bill declarations to prevent misuse or excess drawback, monitor changed-cap items for valuation trends, and report issues to the Board. The General Clauses Act interpretation confirms that tariff item 610902 covers cotton blends with multiple manmade fibres.
Order under section 119 of the Income-tax Act, 1961 (the Act) Assigning the role of Pr.CCsIT of the region and Pr. CCIT (NaFAC)
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Role of Pr. CCIT (NaFAC) in faceless assessment clarified, covering implementation, guidelines, technical support and advisory functions.
The Pr. CCIT (NaFAC) is responsible for overall implementation of Board policy on faceless assessment; formulating Guidelines and SOPs for Assessment, Verification, Review and Technical Units with prior Board approval; ensuring Technical Units provide considered legal views and technical support to Assessment Units; and advising the Board on measures to improve efficiency and effectiveness of faceless assessment processes. The order takes immediate effect.
Amendment in Circular No 11/2013 dated 06.03.2013 for inclusion of Surat, under jurisdiction of Commissioner of Customs, Ahmedabad.
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Jurisdiction expansion: Surat added to Ahmedabad Customs jurisdiction for bonded-warehouse scheme for cut and polished gemstones under FTP.
Amendment designates Surat, under the Commissioner of Customs, Ahmedabad, as an additional authorised jurisdiction for the bonded warehouse scheme under Para 4A.16A/4.48 of the FTP, applying the procedural framework and value addition conditions of Circular No. 11/2013-Customs to imports and re-exports of cut and polished diamonds, coloured gemstones, and uncut and unset precious and semi-precious stones.
Condonation of delay under section 119(2)(b) of the Income-tax Act, 1961 in filing of Form No. 10-IC for Assessment Year 2021-22
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Condonation of delay in filing Form No.10-IC allows companies opting for the optional corporate tax regime to regularise compliance by deadline.
Condonation of delay is granted for late filing of Form No. 10-IC for the previous year relevant to A.Y. 2021-22 under section 119(2)(b), provided: the return of income was filed on or before the due date under section 139(1); the company opted for the optional corporate tax regime in the Filing Status of ITR-6; and Form No. 10-IC is filed electronically by the extended deadline specified in the Circular.
Guidelines for Business Continuity Plan (BCP) and Disaster Recovery (DR) of Qualified RTAs (QRTAs)
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Business continuity requirements mandate disaster recovery sites, stringent recovery objectives and periodic unannounced live operational drills.
SEBI requires Qualified RTAs to maintain documented Business Continuity Plans and Disaster Recovery Sites with trained staff capable of independent live operations, an Incident Response/Crisis Management Team with defined roles, and Technology Committee and Governing Board oversight. Recovery architectures must provide high availability, fault tolerance and no single point of failure, with replication strategies to meet recovery objectives and ensure minimal or zero data loss. QRTAs must conduct regular announced and unannounced DR drills, document results and root cause analyses, include drill scope in system audits, and submit their BCP-DR policy to SEBI within the prescribed timeframe.

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Export of Rice — Requirement of sampling and testing before Let Export Order — Regarding.

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Export Sampling Requirement for rice consignments: testing mandatory before shipment; compliance and pre-stacking with prompt lab testing advised.
Pre shipment sampling and testing of all rice consignments is mandatory before grant of Let Export Order. Basmati rice may be exported subject to APEDA ... Summary

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Acts Income Tax