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Guidelines for verifying the Transitional Credit in light of the order of the Hon'ble Supreme Court in the Union of India vs. Filco Trade Centre Pvt. Ltd
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Transitional credit verification guidelines set the framework for TRAN-1 and TRAN-2 claims, scrutiny, and ledger credit posting.
Guidelines are issued for verification of transitional credit claimed through TRAN-1 and TRAN-2 pursuant to Supreme Court directions reopening the common portal for a limited filing window and subsequent scrutiny by jurisdictional tax officers. The framework requires examination of earlier filings, coordination where central and State components are involved, issuance of notice where credit is inadmissible, and passing of a reasoned order within the stipulated verification period for credit to be reflected in the electronic credit ledger. Detailed checks are prescribed for carried-forward credit, capital goods, stock-based claims, goods in transit, input service distributor credit, and deemed credit, with emphasis on avoiding double credit and ensuring documentary verification.
Guidelines for verifying the Transitional Credit in light of the order of the Hon’ble Supreme Court in the Union of India vs. Filco Trade Centre Pvt. Ltd., SLP(C) No. 32709-32710/2018, order dated 22.07.2022 & 02.09.2022.
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Transitional credit verification: officers must verify TRAN 1/TRAN 2 claims, coordinate cross jurisdictionally and pass reasoned orders.
Guidelines prescribe procedures for verifying Transitional Credit claims filed or revised via TRAN 1/TRAN 2: jurisdictional officers must verify claims using declarations, back office data and records, coordinate with counterpart central or state/UT officers where claims span jurisdictions, obtain signed verification reports detailing admissible and inadmissible amounts with reasons, issue notices and afford hearings where inadmissibility is indicated, and pass reasoned orders within the prescribed verification timeline to allow credit to be reflected in the Electronic Credit Ledger; excess credit is liable to demand and recovery.
Clarification on refund related issues - refund of unutilized input tax credit in cases where credit is accumulated on account of rate of tax of inputs being higher than the rate of tax on output supplies i.e. on account of inverted duty structure.
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Inverted duty structure refund rules clarified: amended formula and specified goods restriction apply prospectively to new applications.
The amendment to the formula for calculating refunds of unutilised input tax credit due to an inverted duty structure is prospective and applies to refund applications filed on or after its effective date; applications filed before that date remain governed by the earlier formula. A separate restriction denying such refunds for specified goods in chapters 15 and 27 also applies prospectively to applications filed on or after its effective date and does not affect applications filed earlier.
Registration and regulatory framework for Online Bond Platform Providers (OBPPs)
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Registration requirement for Online Bond Platform Providers mandates stock broker registration and regulatory compliance for platform operations.
SEBI requires Online Bond Platform Providers to be Indian companies registered as stock brokers in the debt segment and approved by a recognised stock exchange, restricting pre existing platforms to listed debt securities and public offering candidates. Entities must appoint specified compliance and managerial personnel, obtain SCORES authentication, maintain robust secure technology with real time dissemination and open access, perform KYC and due diligence, route listed orders via exchange RFQ and clearing corporations, issue electronic order receipts and deal sheets, implement risk management and grievance redressal within 30 days, and comply with disclosure, advertising and reporting obligations.
Restricted entry of food items in under specific ports
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Restricted import ports limit high-risk food imports to designated ports, requiring centralized handling and stakeholder consultation.
Imports of specified high-risk food categories-milk and milk products; egg powder; meat and meat products including poultry and fish; infant nutrition foods; and nutraceuticals/health supplement and special-dietary medical foods-are permitted only through a prescribed list of 61 ports directly manned and managed by the food import regulatory authority. Stakeholders are invited to comment within thirty days, the restriction has a stated commencement date, and customs authorities are directed to notify trade, sensitize officers, and report implementation difficulties.
Requirement of Registration of foreign food manufacturing facilities as per Food Safety and Standards (Import) First Amendment Regulations, 2021 dated 03.11.2021
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Registration of foreign food manufacturing facilities required; exporting countries must submit manufacturer lists for Indian registration.
Mandatory registration of foreign food manufacturing facilities producing Milk and Milk Products, Meat and Meat Products (including poultry, fish), Egg powder, Infant Food, and Nutraceuticals, effective 1 February 2023. Competent Authorities of exporting countries must submit lists of existing and intending exporters in the prescribed format to designated email addresses; registrations will be carried out by the Food Safety and Standards Authority of India on its portal. Customs authorities are instructed to sensitize trade and report implementation difficulties to the Board.
Guidelines for verifying the Transitional Credit in light of the order of the Hon’ble Supreme Court in Union of India vs. Fileo Trade Centre Pvt. Ltd., SLP(C) No. 32709- 32710/2018, dated 22.07.2022 & 02.09.2022
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Transitional credit filings via FORM GST TRAN-1/TRAN-2 reopened; claims to be verified within 90 days and credited to ledger.
The Supreme Court directed reopening of the common portal to permit filing or revision of FORM GST TRAN-1/TRAN-2 for a limited window, and mandated that jurisdictional tax officers verify claims filed during that window and pass reasoned orders within 90 days, after which allowed transitional credit shall be reflected in the Electronic Credit Ledger. Verification duties, State Central coordination, procedural checks, documentary requisites, opportunity to be heard, reporting formats and recovery of excess credit are specified.
Clarification on refund related issues
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Refunds for accumulated input tax credit: amended calculation and specified-goods restrictions apply only prospectively to new applications.
An amendment to the refund calculation formula for unutilised input tax credit due to inverted duty structure is prospective and applies only to refund applications filed on or after its effective date; applications filed before that date shall be processed under the earlier formula. A separate notification restricting refunds for specified goods where input tax exceeds output tax is also prospective and applies only to refund applications filed on or after its effective date, not to earlier applications.
Setting up of Units under sub-section (3) of section 144B of the Income-tax Act, 1961
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Units removal under section 144B(3) removes specified schedule entries and takes immediate administrative effect per CBDT order.
The Central Board of Direct Taxes, exercising powers under sub section (3) of section 144B of the Income tax Act, amends Office Order 2 dated 10.06.2022 by omitting the entries for Sr No. 92 and Sr No. 105 from the Schedule; the omission takes immediate effect and the order is issued with the approval of the Chairman, CBDT.
Clarification on refund related issues
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Refunds for unutilised input tax credit due to inverted duty structure now subject to a new prospective computation rule affecting later claims.
Clarification states that the amended formula in rule 89(5) for computing refunds of unutilised input tax credit due to an inverted duty structure is substantive and applies prospectively to refund applications filed on or after its effective date, while applications filed before that date remain subject to the pre amendment formula. Separately, a notification restricting refunds for specified goods in Chapters 15 and 27 where input tax rates exceed output rates is also prospective and applies only to refund claims filed on or after its commencement; earlier claims are unaffected.
Procedures for initiation of action on non-filers of returns under TNGST Act, 2017 - instructions issued
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Non-filing enforcement: officers must initiate assessment and cancellation procedures for persistent return non-filers.
Proper Officers must contact return defaulters, issue electronic notices, and where returns remain unfiled proceed with best judgement assessment, upload assessment orders in prescribed forms and initiate recovery. Territorial Deputy and Joint Commissioners must personally monitor top revenue contributors and ensure lists of defaulters are acted upon. Persistent non-filing triggers suspension and initiation of cancellation proceedings, verification of business premises and referral to the Intelligence Wing for inspection where business continues.
Handling of Clients’ Securities by Trading Members(TM) / Clearing Members (CM)
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Auto-pledge of unpaid securities enables members to transfer, notify and sell unpaid holdings if funds remain unmet within prescribed days.
All securities received in pay-out must be transferred from the member's pool account to the client's demat account within one working day. Unpaid securities shall be transferred to the client's demat account and auto-pledged with reason "unpaid" in favor of a separate client unpaid securities pledgee account opened by the member. Members must notify clients of funds obligations; if funds are not furnished within five trading days the member may sell the securities using the client's UCC with profit/loss adjusted to the client's account. Pledges not invoked or released within seven trading days shall be auto-released.
Amendments to Scheme for Remission of Duties and Taxes on Exported Products (RoDTEP)
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RoDTEP duty credit scrips gain two-year validity while transferee-holder conditions are removed under revised scheme provisions.
RoDTEP scheme amendments remove specified conditions concerning transferee-holders of duty credit scrips. Corresponding Electronic Duty Credit Ledger provisions extend the validity of RoDTEP scrips from one year to two years from the date of generation.
Applicability of GST on fees remitted to SEBI - Revision in Chapter - XX of Operational Circular for issue and listing of Non-convertible Securities, Securitised Debt Instruments, Security Receipts, Municipal Debt Securities and Commercial Paper
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GST on SEBI fees: payers must remit fee plus GST and email detailed remittance particulars to SEBI immediately.
Remitters must, immediately after payment, email remittance particulars to [email protected] in the prescribed format, breaking down the amount into fee and GST components and providing remitter account number, origin bank, IFSC, UTR/transaction reference, payment product code, registered name and address, email, complete remittance origin address, GST registration number and purpose of remittance.
Clarification on various issues pertaining to GST
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Input Tax Credit availability clarified for deemed export refunds, employer perquisites and ledger utilisation under GST.
Tax paid on deemed export supplies may be placed in recipients' electronic credit ledgers solely to enable refund claims but does not constitute ITC under Chapter V and is excluded from "Net ITC" for refund computations; the proviso to clause (b) of section 17(5) applies to the entire clause making credit available where goods or services are obligatory for an employer under law; "leasing" in the exclusion is limited to motor vehicles, vessels and aircraft; employment perquisites under contract are not supplies for GST; electronic credit ledger balances may be used only for output tax (excluding reverse charge) while the electronic cash ledger may meet tax, interest, penalty and other liabilities.
Kerala State Goods & Services Tax Act, 2017 – Detention, seizure and release of goods and conveyances U/s 129 of the SGST / CGST Act, 2017- instructions issued
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Right to appeal preserved when goods released after voluntary payment; final detention orders must be issued online to enable appeals.
Voluntary payment to secure release of detained goods does not bar the taxpayer's right to file an appeal; technical or manual issuance of forms cannot be relied upon to deny appellate access. Final orders in FORM GST MOV-09 generate the demand record and enable the online appeal module, and must therefore be issued online in all detention, seizure and release cases regardless of voluntary payment. Where MOV-09 was not uploaded previously and the taxpayer intends to appeal, MOV-09 shall be electronically issued immediately, and field formations must avoid manual forms and follow prescribed procedures.
Guidelines for verifying the Transitional Credit in light of the order of the Hon'ble Supreme Court in the Union of India vs. Filco Trade Centre Pvt. Ltd., SLP(C) No. 32709- 32710/2018, order dated 22.07.2022 & 02.09.2022
Show AI Summary
Transitional credit verification: filing window reopened; claims subject to tax officer verification and ledger posting after due process.
Guidelines require jurisdictional tax officers to verify TRAN-1/TRAN-2 claims filed or revised during the court-ordered window, follow principles of natural justice, seek counterpart verification where claims span administrative jurisdictions, apply prescribed documentary and substantive checks for each TRAN table, and pass reasoned orders within the prescribed timeline to allow admissible transitional credit to be reflected in the Electronic Credit Ledger; inadmissible or excess credits may be recovered with interest and penalty.
Clarification on refund related issues
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Refund of unutilised input tax credit clarified: amended formula applies from notification, restrictions apply prospectively.
The amended formula for refund of unutilised input tax credit under the SGST Rules applies prospectively to refund applications filed on or after the amendment's effective date; applications filed before that date are to be processed under the prior formula. Separately, the notification specifying certain goods for which no refund of unutilised input tax credit shall be allowed is prospective and applies only to refund applications filed on or after its effective date.
Clarification on refund related issues
Show AI Summary
Refund of unutilised input tax credit: amended formula and specified goods restriction apply prospectively to later-filed applications.
An amendment to the refund calculation formula for unutilised input tax credit due to inverted duty structure applies prospectively to applications filed on or after its effective date, with pre amendment applications governed by the earlier formula; a separate notification barring refunds for specified goods likewise applies prospectively to applications filed on or after its effective date and does not affect earlier filings.
Clarification on refund related issues
Show AI Summary
Refund of unutilised input tax credit: amended formula and chapter-specific refund restriction apply only after their effective dates.
An amendment to sub-rule (5) of rule 89 modifying the formula for refund of unutilised input tax credit on account of inverted duty structure is prospective and applies to refund applications filed on or after its effective date, with earlier applications governed by the pre-amendment formula. Separately, a notification specifying certain goods for which no refund shall be allowed where credit accumulated due to higher input tax rates applies prospectively to refund applications filed on or after its effective date and not to earlier applications.

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Order under section 119 of the Income-tax Act, 1961

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Authorization for tax surveys requires prior approval from senior tax authorities and monitoring by commissioners for compliance.
Authorization for survey and search powers must be issued by an income-tax authority not below the rank of Joint Director or Joint Commissioner with prior ... Summary

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Acts Income Tax