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Circulars
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Changes in the delegation of powers for approval of authorizations under SCOMET - Amendment in the Para 10.06 of Handbook of Procedure 2023
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Delegation of approval powers allows senior nominated officers to issue SCOMET authorizations when agencies concur, subject to ex post facto IMWG review.
Amendment permits issuance of SCOMET authorizations, in cases deferred by IMWG where all agencies submit concordant comments/views/NOCs, with approval of the Chairman or an officer nominated by the Chairman/DGFT (not below the rank of Deputy Director General of Foreign Trade/Under Secretary), subject to bringing such cases before IMWG subsequently for approval on an ex post facto basis.
Guidelines for Second special All-India Drive against fake registrations and subsequent periodical reporting
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Fake GST registrations drive targets suspicious GSTINs through verification, credit blocking, cross-jurisdictional action, and weekly reporting.
Second special All-India drive is directed against suspicious and fake GST registrations through coordinated verification, enforcement, and reporting by Central and State tax administrations. GSTN and DGARM are to identify high-risk GSTINs, while field formations are to verify them, suspend and cancel fictitious registrations, consider blocking input tax credit, trace recipients, and initiate demand, recovery, or cross-jurisdictional action through the nodal officer and 'Initiate Enquiry' mechanism. Weekly reports, final feedback, and monitoring arrangements are prescribed.
Manner of penalty calculation under IGST Act, 2017 for the show cause notices issued under section 73(1)/74(1) of the KSGST Act, 2017 read with section 20 of the IGST Act, 2017 - clarifications issued
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Penalty calculation under IGST Act: ten percent of combined tax, computed by summing CGST and SGST penalty amounts.
The fourth proviso to the IGST Act mandates that the penalty for integrated tax is the sum total of the monetary penalties leviable under the CGST and SGST Acts; therefore IGST penalty is computed by adding the penalty amounts determined under each Act (not by adding penalty rates), resulting, for example, in a ten per cent penalty on the combined tax amount where CGST and SGST each attract ten per cent penalties.
Guidelines for Second special All-India Drive against fake registrations
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Fake GST registrations drive: coordinated data driven verification enabling suspension, ITC blocking and inter jurisdictional recovery.
Second special All-India drive directs GSTN and DGARM to identify high risk GSTINs for time bound verification by jurisdictional officers; on finding non existent taxpayers, officers shall initiate suspension/cancellation of registration under section 29, block input tax credit under Rule 86A, identify and pursue recipients for recovery, share inter jurisdictional cases via the GSTN Initiate Enquiry module through appointed nodal officers, and submit weekly action reports and GSTIN wise feedback in prescribed annexure formats.
Generation of Valuation Report Identification Number for valuation conducted by Register Valuer under Insolvency and Bankruptcy Code, 2016.
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Valuation Report Identification Number requirement: registered valuers must generate and display VRIN before submitting IBC valuation reports.
A mandatory regime requires each valuation report under the Code to bear a unique Valuation Report Identification Number (VRIN) generated via an IBBI online module before submission; the VRIN must appear on the report front page and can be used on the IBBI website to verify authenticity. Insolvency professionals must not accept reports dated on or after the circular without a VRIN.
High-Risk CRIU/VRU PAN Cases - Dissemination of Cases on the 'Verification' module of Insight portal
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High-risk PAN cases on Insight portal can trigger initiation of proceedings under Section 148/148A via ITBA worklist.
High risk PAN cases from CRIU/VRU for AY 2014 15 to 2018 19 are disseminated on Insight's Verification module as "High Risk CRIU/VRU Information" (assigned to JAOs). Users may view underlying uploads via Profile View (TAS>>Uploads) or the Uploads tab and may initiate proceedings from the case detail activity panel to initiate proceedings under Section 148/148A, which creates a proceedings flag and a worklist item in ITBA for subsequent action.
Master Circular for Stock Brokers
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SEBI issues an updated master circular consolidating registration, supervision, client protections, tech resilience and QSB obligations for stock brokers.
The Master Circular consolidates SEBI instructions to stock brokers up to August 9, 2024, superseding the May 22, 2024 circular, rescinding specified prior circulars insofar as they relate to stock brokers while preserving legal effects of past actions, and is issued under Section 11(1) of the SEBI Act. It prescribes unified rules on registration (including single registration), risk-based supervision and inspections, internal and system audit norms, client-facing requirements (KYC, Unique Client Code, running account settlement, prohibition of cash), technology and cyber-resilience obligations, an Early Warning Mechanism for diversion of client securities, and an enhanced regime for designation and obligations of Qualified Stock Brokers.
Monthly Public Notice containing therein list of EGM Errors for the Month of July-2024
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Export General Manifest compliance requires timely correction of filing errors and pending manifests to protect post-export incentive access.
Export General Manifest compliance requires delivery of the manifest before a conveyance carrying export goods departs from the customs station. Incorrect, incomplete or pending EGM filing may delay post-export benefits and incentives. Shipping Bills identified with EGM errors must be reviewed and rectified through the prescribed EGM rectification procedure, while Shipping Bills with pending EGM filing require completion of filing by the concerned parties.
Procedure to issue Port Clearance-reg.
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Port clearance procedure requires prescribed vessel certificates and official verification before departure, ensuring customs and safety compliance.
Port Clearance is a statutory prerequisite to vessel departure requiring a prescribed application and mandatory documents: Indian Light House Dues certificate, Immigration NOC, Port Health Certificate, ship registry and safety certificates (construction, radio, equipment), Load Line Certificate, International Oil Pollution Prevention certificate, port dues/NMPT clearance, and income tax certificate for export cargo. The Deputy/Assistant Commissioner, IGM/EGM Section verifies entry records, light dues calculations and the genuineness of certificates before issuing Port Clearance; after hours clearance may be granted by the Deputy/Assistant Commissioner, Docks following equivalent verification.
Clarification for proceeds on FDs in FCRA Utilization Account.
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Interest as foreign contribution must be credited to the FCRA utilization account; FD returns allowed if not speculative.
Interest and income earned from foreign contribution constitute foreign contribution and must be credited back into the foreign contribution account for utilization under the FCRA. Proceeds of fixed deposits or investments created from foreign contribution, on maturity or receipt of returns, may be credited into the association's FCRA utilization account with any bank provided such investments do not fall within the category of speculative activities under the Foreign Contribution (Regulation) Rules, 2011.
Amendment to Master Circular for Infrastructure Investment Trusts (InvITs) dated May 15, 2024 - Board nomination rights to unitholders of InvITs
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InvIT unitholders: nomination restriction waived if appointment right arises under debenture trustee regulation clause (e) proviso.
Paragraph 22.3.1(b) is amended to add a proviso that the restriction barring an entity from nominating a Unitholder Nominee Director-when that entity also has nomination rights as a shareholder or lender to the Investment Manager, the InvIT, its HoldCo(s) or SPVs-shall not apply if the right to appoint a nominee director is available under clause (e) of sub regulation (1) of regulation 15 of the SEBI (Debenture Trustees) Regulations, 1993.
Amendment to Master Circular for Real Estate Investment Trusts (REITs) dated May 15, 2024 – Board nomination rights to unitholders of REITs
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Board nomination rights: proviso allows unitholders to nominate despite lender nomination rights under debenture trustees clause.
The Master Circular's restriction barring a unitholder from nominating a Unitholder Nominee Director when the same entity (or its associate) has director nomination rights as shareholder or lender is amended by a proviso: that restriction will not apply where the right to appoint a nominee director is available in terms of clause (e) of sub regulation (1) of regulation 15 of the Debenture Trustees regulation, permitting such unitholder nomination in those specified cases.
Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 53rd meeting held on 22nd June, 2024, at New Delhi
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GST classification clarifications set rates for specified goods, exclude larger agricultural packages, and regularise eligible government-programme supplies.
Dual-energy solar cookers, all sprinklers including fire water sprinklers, and parts of poultry-keeping machinery are clarified as attracting 12% GST. Agricultural farm produce in packages exceeding 25 kilograms or 25 litres is excluded from "pre-packaged and labelled" supplies and does not attract 5% GST. Specified past-period issues are regularised on an "as is where is" basis. Regularisation for government-programme supplies of pulses and cereals requires a prescribed certificate and non-availment or reversal of Input Tax Credit.
Clarifications regarding applicability of GST on certain services
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GST exemption clarified for railway, SPV, RERA, reinsurance and digital payment incentive treatments with retrospective regularisation.
Supplies by Ministry of Railways to the public and between zones, SPV services to Indian Railways for concessioned infrastructure, statutory collections by RERA, specified sharing of digital payment incentives as subsidy, reinsurance (including retrocession) of certain exempt insurance schemes, and accommodation services meeting prescribed value and duration thresholds are clarified as exempt or regularised for past periods on an "as is where is" basis.
Processing of refund applications filed by Canteen Stores Department (CSD)
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Refund entitlement for Canteen Stores Department: electronic filing required; portal validation and quarterly claim conditions govern processing.
CSD is entitled to fifty per cent refund of applicable State tax on inward supplies for subsequent supply to Unit Run Canteens or authorized customers; claims must be filed electronically in Form GST RFD-10A once per quarter (or for multiple quarters/FYs) with supplier and CSD GSTINs on invoices, accompanied by an undertaking and declaration, and are subject to portal validation of supplier GSTR-1/GSTR-3B reporting and invoice-level checks before sanction.
Mechanism for refund of additional Integrated Tax (IGST) paid on account of upward revision in price of the goods subsequent to exports
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Refund mechanism for additional IGST enables exporters to claim post-export price revision tax recovery via GST RFD-01 portal.
A mechanism is prescribed for claim and processing of refund of additional IGST paid where export prices are revised upward after shipment. Exporters must file Form GST RFD-01 on the common portal (use "Any other" category with specified remarks until a separate category is available). Jurisdictional GST officers will process claims using submitted documentary proof-including shipping bills, invoices, debit notes, proof of IGST payment and FIRCs-and GSTN-provided validated shipping-bill and IGST details. Proper officers will verify GSTR-1/GSTR-3B reporting, scrutinize eligibility, and issue sanction and payment orders where appropriate.
Clarification on various issues pertaining to taxability and valuation of supply of services of providing corporate guarantee between related persons
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Valuation of corporate guarantee services: GST due annually by guarantor based on prescribed rate or actual consideration.
Clarification explains that services of providing corporate guarantees between related persons were taxable prior to the insertion of rule 28(2) and that guarantees issued or renewed on or after the retrospective effective date must be valued under rule 28(2). The value of supply is the higher of actual consideration and the prescribed annual benchmark of the guaranteed amount, applied pro rata for shorter periods and multiplied for multi year guarantees. Valuation is independent of loan disbursal; domestic intra group guarantees follow forward charge while overseas guarantors attract reverse charge; assignment of loans does not itself trigger GST.
Guidelines for recovery of outstanding dues, in cases wherein first appeal has been disposed of, till Appellate Tribunal comes into operation
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Pre-deposit mechanism mapped in Electronic Liability Register stays recovery pending filing of appeal before Appellate Tribunal.
Where appellate tribunal is not operational, taxpayers may pay an amount equal to the required pre deposit via Services Ledgers Payment towards demand, mapping it in the Electronic Liability Register Part II to the specific order; on providing an undertaking to file appeal when the Tribunal is constituted, such payment will be treated as the statutory pre deposit and the remaining confirmed demand will be stayed. Payments inadvertently made via Form GST DRC 03 may be adjusted against pre deposit once Form GST DRC 03A is filed, and until that portal functionality exists taxpayers should intimate the proper officer to avoid recovery.
Reduction of Government litigation – raising of monetary limits for filing appeals by the Department before CESTAT, High Court and Supreme Court in legacy Central Excise & Service Tax.
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Monetary thresholds for departmental appeals in legacy indirect tax matters preserve challenges involving constitutional validity and ultra vires instruments.
Departmental appeals in legacy Central Excise and Service Tax matters are governed by revised monetary thresholds for CESTAT, High Court and Supreme Court proceedings, with application to pending cases. Adverse judgments must nevertheless be contested where constitutional validity is challenged or a notification, instruction, order or circular is held illegal or ultra vires. Non-filing under these thresholds does not amount to departmental acceptance of the issue and does not bar proceedings in another matter involving the same or similar question of law.
Valuation of Additional Tier 1 Bonds (“AT-1 Bonds”).
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Yield to Call valuation: Mutual funds must value AT 1 bonds on YTC basis under regulatory guidance.
Mutual funds must value Additional Tier 1 bonds on a Yield to Call basis, consistent with NFRA's view that market practice and Ind AS 113 market based measurement support YTC. This valuation mandate is confined to valuation only; deemed maturity for other regulatory purposes and the capture of liquidity risk for perpetual bonds remains governed by clause 9.4.2 of the Master Circular.

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Clarification on place of supply of data hosting services provided by service providers located in India to cloud computing service providers located outside India

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Place of supply determined by recipient location: data hosting to overseas cloud providers treated as export of services.
Place of supply for data hosting services by Indian providers to overseas cloud computing providers is the recipient's location under the default IGST ... Summary

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Acts Income Tax