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Circulars
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Minutes of the 103rd meeting of the Board of Approval for SEZ held on 18th March, 2021 to consider setting up of Special Economic Zones and other miscellaneous proposals
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Change of shareholding approvals: altered SEZ developers must maintain continuity and comply with tax reporting and eligibility conditions.
The Board considered LoA extensions, approvals for changes in developer/co developer shareholding or identity, and co developer admissions, subject to conditions requiring seamless continuity of SEZ activities, fulfilment of eligibility and security clearances, compliance with revenue, company and securities rules, immediate furnishing of financial details to Member (IT), CBDT and jurisdictional authorities, and recognition of the Assessing Officer's right to assess taxability under the Income Tax Act; several matters were deferred or remitted to Development Commissioners or Unit Approval Committees for further action.
Reporting of status of ongoing corporate insolvency resolution processes (CIRPs) through Form CIRP 7
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Delay reporting in CIRP: form requires periodic status filings when specified insolvency process activities miss prescribed deadlines.
The Board mandates filing Form CIRP 7 when specified CIRP activities remain incomplete by their prescribed dates: an initial filing within three days after the missed date and repeated every thirty days thereafter until completion, with only one form filed at a time. The form collects IP and corporate debtor details, identifies the delayed activity, lists categorical reasons for delay (including stays, non cooperation, late orders, or CoC matters), requires a brief narrative and upload of any relevant adjudicating authority order, and must be digitally signed by the IP.
Comprehensive Clarifications on GST Refund Issues Including Deemed Export Refunds, Filing Errors in GSTR-3B, and Computation of Adjusted Total Turnover under UPGST Rules, 2017
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Deemed export refund: recipients may claim tax refund while availing ITC, with portal debit requirement upheld.
Recipients of deemed export supplies may claim refund of tax paid even if ITC has been availed, though the portal requires debit of the equivalent ITC from the electronic credit ledger when filing refund applications; para 41 is amended to remove the previous prohibition and sets out undertaking and declaration requirements. The earlier relaxation for misreporting zero-rated supplies in GSTR-3B is extended subject to refund claims not exceeding the aggregate integrated tax/cess declared in columns 3.1(a)-(c). For Rule 89(4) refunds, Adjusted Total Turnover must include export/zero-rated goods turnover as determined under the amended definition, applying the 150% cap to that turnover.
Clarification on refund related issues.
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Deemed export refund claims permit recipient input tax credit, while capped export turnover applies consistently in refund calculations.
Recipients of deemed export supplies may avail input tax credit while claiming refund, subject to undertakings that the supplier has not claimed refund and that the claim is limited to eligible invoices and input tax credit reflected in the valid return. Refund relief for zero-rated supplies wrongly reported in Table 3.1(a) of FORM GSTR-3B applies through 31 March 2021, within the aggregate tax declared in Tables 3.1(a), 3.1(b), and 3.1(c). The capped value of export goods must also be used in Adjusted Total Turnover under the unutilised input tax credit refund formula.
Clarification on refund related issues
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Deemed export and zero-rated refund claims allow input tax credit, while capped export values govern adjusted turnover calculations.
Recipients of deemed export supplies may avail input tax credit and claim refund, subject to debit of available credit and declarations that the supplier has not claimed refund. Refund relaxation for zero-rated supplies wrongly reported in Table 3.1(a) of FORM GSTR-3B applies through 31 March 2021, subject to the aggregate tax declared in the relevant tables. For unutilised input tax credit refunds on zero-rated supplies, the capped value of exported goods also applies in calculating Adjusted Total Turnover.
Show Cause Notice (SCN) dated 19.03.2019 issued by DRI against Sh. Anil Aggarwal and 11 others – Directions to keep SCN pending
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Authority to issue show cause notices clarified: jurisdictional customs commissionerates must issue fresh SCNs after DRI issuance invalidated.
The Board directs that the SCN dated 19.03.2019 be kept pending pending examination of a Supreme Court ruling that the DRI Additional Director General lacked authority to issue SCNs, and requires that fresh SCNs in cases currently investigated by DRI be issued by the jurisdictional customs commissionerates from where the imports originated.
Amendment in Public Notice 25 dated 13.10.2020
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RoSL claims deadline updated for shipping bills; separate filings required for pre and post cutoff periods.
Amendment to para 4.97(j) of the Handbook of Procedures requires separate online RoSL claim applications for shipping bills segregated by Let Export Order (LEO) date ranges and notifies a final filing date for applications containing shipping bills with LEO dates before the earlier cutoff while retaining the notified final date for the intermediate LEO period.
Enlistment under Appendix 2E- Agency Authorized to issue Certificate of Origin (Non-Preferential)
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Certificate of Origin authorization: Plastic Export Promotion Council added to Appendix 2E to issue non preferential certificates.
M/s. The Plastic Export Promotion Council is authorized under paragraph 2.04 of the Foreign Trade Policy to issue Certificate of Origin (Non-Preferential) and has been added at Serial No. 33 (Maharashtra) of Appendix 2E to the Appendices & Aayaat Niryat Forms, enabling the agency to certify non preferential origin for exporters under the applicable Appendix procedures.
Clarification on refund related issues
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Refund of deemed export tax: recipients may claim refunds while availing ITC, with portal debit to prevent dual benefit.
Recipients of deemed export supplies may claim refund of tax paid while availing ITC; the portal requires debit from the electronic credit ledger when refund of ITC is claimed to prevent dual benefit, and paragraph 41 of the earlier circular is modified to require prescribed undertakings and supplier/recipient declarations. The relaxation permitting filing refund applications for misclassified zero-rated supplies in GSTR-3B is extended to the revised period subject to aggregate declaration limits. For refunds under the statutory formula, the value of zero-rated/export goods included in Adjusted Total Turnover must follow the amended capped definition of turnover of zero-rated supply of goods.
Necessary documents to be submitted while applying for import authorization for import of Denatured Ethyl Alcohol (DEA)
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Import documentation requirements for denatured ethyl alcohol mandate detailed production data, stoichiometric balances, capacity approvals and environmental clearances.
Import authorisations for Denatured Ethyl Alcohol require ANF 2M and a Proforma providing a five year import and usage history with year wise finished product production (chemical/IUPAC names and structures), DEA consumption and year end balances, current on site DEA quantities in volume and weight, and complete stepwise production processes with balanced chemical reactions and stoichiometric material balance calculations for each product. Applicants must also supply proof of approved installed capacity and valid environmental clearances, with all documents self attested by an authorised representative.
Streamlining the process of IPOs with UPI in ASBA and redressal of investor grievances
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UPI mandate unblock obligations require banks and intermediaries to timely release funds and compensate investors for delays.
SEBI requires Lead Managers to ensure compliance with prescribed timelines and processes for IPO applications using UPI in ASBA, designates SCSB nodal officers, mandates SCSB SMS alerts and Sponsor Bank portals, and prescribes RTAs/SCSBs reporting and BOA+1 unblocking procedures. Non compliance attracts securities law action and a specified compensation mechanism obliges SCSBs (and Post Issue Lead Managers for delayed redressal) to compensate investors for delayed or erroneous blocking/unblocking, with Lead Managers withholding intermediary payments until confirmations of unblock completion are received.
Guidelines for Recovery from the business entities facing proceedings under Insolvency and Bankruptcy Code, 2016 (IBC)
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GST recovery during insolvency proceedings requires timely creditor claims and prohibits enforcement after a moratorium begins.
GST recovery from entities undergoing insolvency proceedings requires timely filing of departmental claims as an operational creditor. Admission of insolvency proceedings triggers a moratorium that bars recovery action, including bank attachment, while assessments and interest may extend only up to the moratorium date. Claims must be supported by assessment and recovery records. An approved resolution plan binds the Department; if liquidation begins, claims must be filed afresh with the liquidator. Officers must track proceedings, file claims and appeals within time, and prevent revenue loss.
4404/CT - 16-03-2021 GST - States
Standard Operating Procedure (SOP) for implementation of the provision of suspension of registrations under sub-rule (2A) of rule 21A of OGST Rules, 2017
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Suspension of registration: procedural framework for suspending, responding to, and revoking GST registrations after return discrepancies.
Immediate suspension of registration arises where comparisons of returns and FORM GSTR-1 data or other analyses reveal significant discrepancies or anomalies posing an immediate threat to revenue; suspension is intimated electronically in FORM GST REG-31 or via dashboard notice (FORM GST REG-17) and requires the taxpayer to explain within thirty days why registration should not be cancelled.
Amendment in Appendix 2E (List of agencies to issue Certificate of Origin-Non Preferential) regarding change in Indian Chemical Council branch address for Certificate of Origin
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Certificate of Origin-Non Preferential: amendment updates authorized issuer branch address for Indian Chemical Council in Appendix entry.
Amendment updates the list of authorized issuers for Certificate of Origin-Non Preferential by revising the branch address details for the Indian Chemical Council under the Maharashtra entry in Appendix 2E of the Handbook of Procedures; the Northern branch address has been replaced with a new Northern Region address while other branch addresses remain unchanged.
Clarification on refund related issues
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Refunds for deemed exports: recipients can claim while availing ITC but portal debits credit ledger to prevent double benefit.
Recipients of deemed export supplies may claim refund while availing input tax credit, subject to an undertaking that the refund pertains only to invoices listed for the period, does not exceed ITC availed in the filed return, and that the supplier has not claimed refund; the portal will require debit from the electronic credit ledger equal to the refunded ITC to avoid dual benefit. The relaxation for filing refunds where zero-rated supplies were misreported in GSTR-3B is extended to the specified cutoff, subject to aggregate validation across relevant GSTR-3B columns. For refund computation, the amended definition capping zero-rated goods turnover at one and a half times like domestic supplies applies when calculating adjusted total turnover for the refund formula.
Clarification on refund related issues
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Deemed export refund: portal debit of input tax credit required; circular removes ITC prohibition and clarifies adjusted turnover calculation.
Recipients of deemed export supplies may claim refund of tax paid although the portal requires debiting equivalent input tax credit from the claimant's electronic credit ledger to prevent dual benefit; the circular removes a prior prohibition on availing ITC for invoices with refund claims and requires an undertaking identifying invoices and confirming supplier non claim. The circular also extends relaxation for mis declared zero rated supplies in GSTR 3B to allow filing of refund applications under specified aggregate limits, and directs that the amended definition of turnover of zero rated goods applies when calculating adjusted total turnover for the refund formula.
Re-Appointment of CONCOR CFS, Majerhat, Kolkata as Custodian under Section 45 of the Customs Act, 1962 (Public Notices No. 11/2011 & 23/2016)
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Custodianship extension under customs law requires bond, insurance, indemnity, and continued regulatory compliance for cargo handling
Extension of custodianship of CONCOR CFS, Majerhat, Kolkata, as a Customs Cargo Service Provider under Section 45 of the Customs Act, 1962 and the Handling of Cargo in Customs Areas Regulations, 2009, for a further period of five years from 01.03.2021. The custodian must execute a bond of Rs. 20 Crore, maintain insurance coverage, indemnify the customs authorities, and comply with the Customs Act, the HCCAR, 2009, and all applicable regulatory conditions, subject to review, suspension, revocation or cancellation for non-compliance.
Rollout of Legal Entity Template
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Central KYC expansion to legal entities requires registered intermediaries to upload LE KYC records and use KYC Identifiers.
Extension of the Central KYC Records framework to legal entities mandates Registered Intermediaries to upload legal-entity KYC records using the prescribed Legal Entity template, retrieve client records via KYC Identifier with client consent, communicate generated KYC Identifiers to clients, and migrate legacy KYC records to current Client Due Diligence standards when updated information is obtained. The requirements exclude Foreign Portfolio Investors.
Review of norms regarding investment in debt instruments with special features, and the valuation of perpetual bonds.
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Investment limits on special-feature debt restrict mutual fund exposures and require segregation and adjusted valuation after triggers.
Limits are prescribed for mutual fund investments in debt instruments with special features such as loss-absorbing subordination or conversion triggers; excess holdings as of the circular date are grandfathered but no fresh investments are permitted until within limits. Schemes must provide for creation of segregated portfolios and may transfer affected instruments on a trigger event, with valuation reflecting issuer stress from the trigger date. Perpetual bonds shall be valued with a notional maturity of one hundred years and close-ended debt schemes are barred from investing in perpetual bonds.
Testing of imported food products at FSSAI notified laboratories
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Authorised Officers designation for imported food testing assigned; FSSAI officials to conduct testing at notified ports, Customs to coordinate.
Designation of FSSAI officials as Authorised Officers has been expanded by a partial modification of an earlier notification to enable named regional FSSAI officials to carry out imported food clearance processes at specified Points of Entry under the FSS Act and FSS (Import) Regulations; Customs has been directed to take necessary action and coordinate with the notified officers and laboratories for testing and clearance at the listed ports.

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Clarification in respect of certain challenges faced by the registered persons in implementation of provisions of GST Laws

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IRP/RP registration rules clarified: fresh registration generally required, with exceptions and authorized-signatory transfer allowed.
Clarification confirms IRP/RP generally must obtain separate GST registration under the special procedure, but if the corporate debtor furnished all ... Summary

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Acts Income Tax