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04/2023 - 21-02-2023 Companies Law
Extension of Time for filing of 45 company e-Forms, PAS-03 and SPICE+ Part A in MCA 21 Version 3.0 without additional fee
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Extension of filing deadlines allows specified company e-forms and PAS-03 to be filed without additional fees until end of March.
Specified 45 company e Forms, SPICe+ Part A and Form PAS 03 that were due during the MCA 21 Version 3.0 transition period may be filed without payment of additional fees until 31.03.2023; name reservation under section 4(5) is extended by 20 days and the resubmission period under rule 9 (Incorporation Rules) is extended by 15 days to accommodate system migration and stabilization.
Special Drive for finalization of pending Provisional Assessment.
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Provisional assessment finalization: priority administrative drive requires submission at Customs Facilitation Centre with acknowledgement and status updates.
A time-limited administrative drive instructs importers and customs brokers to submit pending provisional assessment finalization requests at the Customs Facilitation Centre with required documents; submissions receive an acknowledgement and will be prioritised for disposal, with request statuses uploaded weekly on the JNCH website and designated nodal officers available for assistance; the notice is a standing order and implementation difficulties must be reported to the Additional Commissioner by email.
Processing of MEIS/SEIS applications pending at RAs under Para- 3.06 of HBP
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Reopening of pending export incentive applications: authorities must re-examine merits, allow hearings and remand transfers to regional offices
Regional Authorities must re-open MEIS/SEIS applications pending for jurisdictional deficiency under Para 3.06 and re-examine them on merits with any additional documents, since both schemes are discontinued and file transfer is not feasible. RAs should afford personal hearings before rejecting cases, and requests for transfer of applications from DGFT headquarters are remanded to the RAs for necessary action.
Minutes of the 49th Meeting of GST Council held on 18th February, 2023
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GST Appellate Tribunal: one national tribunal with state benches, four member benches and targeted GST procedural and rate reforms.
The Council established one national GST Appellate Tribunal with a Principal Bench and State Benches each ordinarily comprising two Judicial and two Technical Members (one Centre, one State), allowed single Member adjudication for matters up to Rs. 50 lakh, approved Search cum Selection Committee compositions for State Technical Members, and authorised drafting of consequential amendments. It approved Law Committee recommendations on targeted amendments (Section 23, Section 62, Section 13(9) IGST), late fee rationalisation and conditional amnesties for specified returns, amendments to CGST Rules for Aadhaar authentication, extensions and amnesties for revocation of registration and specified assessment periods, and accepted Fitment and GoM reports with proposed compliance and track and trace measures.
Launch of new functionalities (e-applications) in Customs Broker Licensing Management System (CBLMS)-reg.
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Customs Broker Licensing: new e-application suite requires brokers to validate profiles and process license tasks online.
The Customs Broker Licensing Management System (CBLMS) portal now hosts e applications for examination and licensing, issuance and renewal of broker licences, customs pass issuance/renewal/cancellation, security applications, surrender and reconstitution of licences, authorized person replacement, partner/director changes, and miscellaneous applications. These functionalities are available only for brokers whose departmental profiles are validated. Brokers under regulation 7(2) or 7(3) are requested to process applications via the portal and promptly address any departmental deficiencies to ensure profile validation.
Determination of Zone-wise and Turnover-wise Registered Persons Selected for GST Audit for FY 2019–20
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GST audit selection: zonal and turnover based registered persons lists published, audits to be completed by prescribed deadline.
Zones are classified into three categories according to the number of high turnover traders, and within each zone category registered persons are further classified as large, medium or small taxpayers by prescribed turnover bands. Zonal and turnover wise lists of selected registered persons for GST tax audit of the relevant financial year are published to zonal Additional Commissioners/Joint Commissioners (Tax Audit) and on the departmental website; audits of the selected persons must be completed within the prescribed time limit.
Master Circular for Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (“Takeover Regulations”)
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Takeover regulations master circular updates formats, mandates system driven disclosures, exchange based acquisition procedures and trust exemption conditions.
Master Circular consolidates and updates formats, reporting templates and operational procedures under the Takeover Regulations, rescinds specified prior circulars while preserving prior actions, mandates online filing via SEBI Intermediary Portal, standardises Letter of Offer and disclosure requirements, prescribes System Driven Disclosures with depository recording of all encumbrances (including ultimate lender/trustee details) and details stock exchange acquisition, tendering, settlement procedures, escrow and financial arrangements, and special conditions for trust acquirers and Regulation 10 exemption reporting.
Special Drive for Bond/BG cancellation- EPCG Authorisations
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EPCG authorisation holders must submit EODC/Redemption letters or proof of payment for bond/BG cancellation.
Holders of EPCG Authorisations registered at Jawaharlal Nehru Custom House (Zone II) must submit copies of Export Obligation Discharge Certificate/Redemption Letter or, if EO is incomplete, pay the commensurate amount and provide proof, to enable cancellation of bonds/bank guarantees. Required documents for cancellation are listed in Annexure B (including original EODC/Redemption Letter, ANF 5B certified by CA, installation certificate, original authorisation, shipping bills/ARE 1, BRC, and third party export documents). Submissions are to be made at Room No. 702, 7th floor, C Wing, JNCH, Nhava Sheva.
Import of High-risk food products at specific ports
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High-risk food imports must enter through designated ports, with specified product categories subject to port-based entry controls.
High-risk food products may be imported only through designated ports from 1 March 2023. The restriction covers milk and milk products, egg powder, meat and meat products including poultry and fish, infant foods, and specified nutraceutical, health-supplement, dietary-use, probiotic, prebiotic and special medical purpose foods. Import entry for these categories is permitted through 79 designated ports, with implementation measures operating as standing instructions for customs officers and staff.
Launch of new functionalities (e-applications) in Customs Broker License Management System (CBLMS) —-Reg.
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Customs broker licensing portal now requires brokers to file specified e-applications online and validate profiles before processing.
CBLMS now provides online e-applications for examination and license issuance, new license issuance, Form C intimations, customs pass issuance/renewal/cancellation, security/deposit applications, surrender and reconstitution of licenses, authorized-person replacement, partner/director changes and miscellaneous applications. Brokers must process these matters via the portal and ensure their CB profiles are validated by the Department, promptly addressing any deficiencies or queries from policy sections so applications become operationally processable.
Procedure for remedial action in cases where Revenue Audit Objection is accepted
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Remedial action under section 263 requires PCIT to decide appropriate remedy; AO acts if 263 not invoked.
When a Revenue Audit objection is accepted the Principal Chief Commissioner must decide if the order requires revision under section 263 and, if so, call for records and initiate revision; if not, the Assessing Officer must, by independent application of mind, examine each case and take suitable remedial action. If the AO opts for rectification under section 154, initiation requires Range head approval. Remedial action must be initiated and completed within prescribed short timelines, and the objection is treated as settled once completion is intimated and any demand notice issued.
Order under section 138(1)(a) of the Income-tax Act, 1961
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Information-sharing regime: Aadhaar-based income-tax payee verification returns Yes/No flags and PAN via secure digital channels.
Director General of Income-tax (Systems), New Delhi is appointed as the specified authority to furnish Aadhaar-linked income-tax payee status to the Directorate of e-Governance, Government of Tamil Nadu. The nodal agency will transmit Aadhaar numbers and assessment year(s) by SFTP (with UIDAI concurrence as may be required); the Director General will reply with a "Yes/No/Not Available" flag and the PAN against the Aadhaar, using SFTP, API or other secure digital channels, with frequency decided in consultation with the requesting government.
Exim Bank’s GOI-supported Line of Credit (LOC) for USD 100 million to the Government of the Republic of Maldives (GO-MDV), for financing new developmental projects and to meet spill over costs from developmental projects in Maldives already included under Lines of credit extended to GO-MDV by Exim Bank
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Line of Credit for Maldives projects permits India sourced supply and export financing under RBI and FEMA conditions.
Exim Bank's Government of India supported Line of Credit to the Maldives finances new projects and spill over costs, requires at least 75 per cent of contract value to be supplied from India, mandates Export Declaration Form/Shipping Bill filings per RBI instructions, imposes a terminal utilization period of 48 months from scheduled project completion, disallows agency commission under the LoC (though exporters may use own funds or EEFC balances subject to realization and instructions), and directs AD Category I banks to notify exporters and permit compliant remittances; directions issued under FEMA remain without prejudice to other statutory permissions.
Clarifications regarding applicability of GST on certain services
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GST exemption for government-provided accommodation and non-taxability of government-paid digital-payment subsidies clarified.
Accommodation services provided by military and similar messes to personnel who are not business entities qualify for the government-provided GST exemption if the supplies are services rendered by Central/State/UT governments or local authorities. Incentives paid by MeitY to acquiring banks for RuPay and low-value BHIM-UPI transactions are a subsidy directly linked to service price, not consideration paid for services to the Government, and therefore do not form part of the taxable value and are not taxable under GST.
: 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 clarifications: classification and tax treatment for Rab, dal by-products, beverages, snack pellets, SUVs, and IGST import rates.
Rab, a semi-solid sugarcane product distinct from molasses, is classifiable under heading 1702 and attracts the GST rate for that heading. By-products of dal/pulse milling (Chilka, Khanda, Churi/Chuni) are fully exempt from GST from 1 January 2023 and intervening-period matters are regularized on an as-is basis. Carbonated fruit beverages fall under HS 2202 99 with higher GST and compensation cess; extruded snack pellets are classifiable as extruded savoury products with the mid-rate GST. Compensation cess at the higher rate applies only to SUVs meeting all four specified criteria. Importers of goods in the specified list may claim any lower IGST rate available under other notifications.
Delegation of power by the Commissioner under section 61 of the West Bengal Goods and Services Tax Act, 2017
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Delegation of scrutiny powers to State Tax Officers permits named officers to examine returns and initiate statutory action immediately.
The Commissioner delegates authority to State Tax Officers, when specifically assigned by name, to conduct scrutiny of returns and related particulars and to take necessary action under the statutory scrutiny procedure; this delegation is additional to earlier orders and is effective immediately.
Maintenance of a website by stock brokers and depository participants
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Website maintenance requirement compels brokers and depository participants to publish specified disclosures and complaint procedures online.
SEBI mandates that stock brokers and depository participants maintain a designated public website displaying registration number, registered addresses, names and contact details of key managerial personnel including the compliance officer, procedures for account opening and complaint submission and tracking, and details of Authorized Persons; entities must report their website URL to the relevant exchange or depository within the prescribed timeframe and notify changes promptly, while exchanges and depositories must ensure dissemination, amend rules, monitor implementation and report compliance to SEBI.
Introduction of Issue Summary Document (ISD) and dissemination of issue advertisements
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Issue Summary Document requirement mandates standardized XBRL disclosure and exchange dissemination for public offers and corporate actions.
The circular mandates submission of an Issue Summary Document (ISD) in XBRL for public issues, further issues, buy backs, open offers and voluntary delisting where exit is required; ISD filings occur in two stages (pre issue and post issue) using prescribed Table I-X templates with assigned submitting entities, specified timelines, and stock exchange utilities to accept, transmit and disseminate data on exchange and depository websites, alongside a requirement that lead managers post public issue advertisements in PDF on exchange websites.
Launch of new functionalities (e-applications) in Customs Broker License Management System (CBLMS) –Reg.
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Customs Broker License Management: new e-applications enable online filing for licences, passes and related broker regulatory actions.
The CBLMS portal now supports electronic filing for exams, issuance and renewal of customs broker licences and customs passes, Form C intimations, security applications, surrender, reconstitution, authorized person replacement, partner/director changes and miscellaneous applications. Use of these e-applications is limited to brokers whose profiles have been validated by the department. Brokers governed by regulation 7(2) or 7(3) of the CBLR, 2018 or earlier regulations are requested to process applications on CBLMS and promptly address any departmental deficiencies to ensure full profile validation.
Challenges faced by trade w.r.t monitoring of BLUT and requirement for additional BLUT
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Monitoring of BLUT clarifies additional Bond cum Legal Undertaking required only for increased scale or shortfall, not routine requests.
Clarification directs that the Bond cum Legal Undertaking (BLUT) must not be debited or credited and must be monitored quarterly or annually via progress reports; any shortfall identified requires furnishing a fresh or additional BLUT. Additional BLUT is required only when the unit's or developer's scale of operations increases beyond the level covered by the original BLUT and should not be sought routinely if operations remain at the initially envisaged scale.

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Procedure for transshipment of imported goods to SEZ units-reg.

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Transshipment procedure for SEZ cargo: mandatory one-time-lock sealing, Bill of Entry endorsement, and reporting of seal discrepancies.
Procedure requires sealed FCLs to be transferred to SEZ on the basis of the registered or assessed Bill of Entry after seal verification without customs ... Summary

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Acts Income Tax