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2nd Hearing for Drawback Defaulters
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Drawback defaulter hearings require exporters to submit remittance evidence and attend, with nonappearance permitting ex parte determination.
Exporters who missed the first hearing in drawback-related proceedings are scheduled for a second personal hearing and may appear personally, through an authorised representative, or by video conferencing. They must file a written reply with foreign remittance and export-proceeds documents, including BRCs. Virtual participants must provide identification and contact details in advance. Exporters may waive the hearing in writing. Absence of representation by the scheduled date may result in an ex parte decision on available records and evidence.
Amendment to Circular for mandating additional disclosures by FPIs that fulfil certain objective criteria
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Exemption for university funds from additional FPI disclosure obligations when qualifying AUM allocation and nonprofit status criteria are met.
SEBI exempts University Funds and University related Endowments eligible as Category I FPIs from certain additional disclosure requirements provided they maintain Indian equity AUM below 25% of global AUM, have global AUM above the prescribed threshold, and submit tax filings evidencing non-profit status; eligible jurisdictions will be specified by SEBI via the Standard Operating Procedure, and the amendment takes effect immediately.
Encouraging Women participation in International Trade - Reg., Inclusion of gender specific infrastructure facilities to be provided by the Custodian CCSP-CFS/AFS/ICD under the HCCAR, 2009 - Reg.
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Women's participation in international trade: promote representation and gender-responsive infrastructure to enhance inclusion and safety.
Directs stakeholders to ensure female representation in trade facilitation committees, include women-focused agenda items, create dedicated helpdesks and processing mechanisms for women traders and logistics service providers, and provide targeted upskilling. Requires Custodians and Custodian CCSPs at CFS/AFS/ICD under Regulation 5 of the HCCAR, 2009 to adopt gender-responsive infrastructure (lighting, panic buttons), provide creches per the Maternity Benefits Act, constitute Internal Complaints Committees under the Prevention of Sexual Harassment law, conduct gender-sensitization training, and periodically upgrade facilities to foster a safe, inclusive workplace for women.
Order under proviso to sub-section (5) of section 144B of the Income-tax Act, 1961 specifying the circumstances for the purposes of enquiries or verification functions by the Verification Unit
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Verification Unit enquiries: sets when electronic verification can be bypassed and physical checks may be undertaken immediately.
The order specifies three circumstances permitting the Verification Unit to conduct enquiries: non availability of a digital footprint for the assessee or any other person; inability to perform electronic or online verification due to non response to notices; and the need for physical verification of assets, premises or persons regardless of any digital footprint. The instruction directs that these circumstances govern the enquiry and verification functions and that the order takes immediate effect.
Minutes of the 121st meeting of the Board of Approval for SEZS held on 31st July, 2024 at Vanijya Bhawan, New Delhi
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Demarcation of SEZ processing areas as non processing areas permitted, conditional on submission of finalized checklist and compliance.
The Board recorded approvals, de notifications, co developer grants and cancellations, and extensions of approvals under the SEZ Rules. Demarcations of processing built up area to non processing area were permitted conditionally, requiring submission and adherence to a finalized checklist issued by the Department of Commerce/Department of Revenue. Co developer approvals were subject to standard SEZ Act and Rules terms and assessment rights for taxation of lease-related income; several de notification recommendations and LoA validity extensions were also made.
All Importers, Exporters, Members of the Trade & Industry, Customs Brokers, and the General Public.
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IGST refund mechanism for postal exports to be enabled; exporters must submit refund details and register bank accounts.
A mechanism for IGST refund on exports through foreign post offices will require exporters to submit refund details when filing the postal bill; those details will be pushed to ICES after physical export for GSTN verification and scroll preparation, with refunds processed similarly to courier/ECCS. Postal exporters must register bank accounts on ICES/ICEGATE at the master site specified in the Annexure to the 2018 Advisory.
Drawback Hearing Scheduled
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Drawback adjudication for unrealised export proceeds requires remittance evidence and hearing participation, failing which matters may proceed ex parte.
Drawback adjudication proceedings concern alleged non-realisation of export proceeds and recovery of allegedly ineligible drawback with applicable interest and penalty. Noticees must file written replies and foreign-remittance evidence, including bank realisation certificates, and may attend personally, through an authorised representative, or by video conference. Virtual participants must provide identification and contact details in advance. Noticees who do not require a hearing may communicate this in writing. Failure to make representation by the scheduled hearing date may lead to an ex parte decision on available records and evidence.
Reasoned order to be passed dealing with all aspects of the matter.
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Reasoned and speaking orders require Proper Officers to address every disputed issue and record legal reasons.
Proper Officers handling refunds, assessments, cancellation, demands and recovery must follow prescribed procedure and issue reasoned and speaking orders addressing all issues in the matter. Orders concerning show-cause notices and other cases require detailed consideration and must not merely reproduce standard passages without addressing the issues involved. Recording reasons supports quasi-judicial decisions in disputed claims and demonstrates that decisions rest on legal principles.
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-reg.
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GST rate and goods classification clarifications apply mutatis mutandis for uniform implementation under the applicable GST framework.
GST rate and goods-classification clarifications are made applicable, mutatis mutandis, for implementation of the Goa Goods and Services Tax Act, 2017. The central clarification on GST rates and classification of goods extends to the State GST framework, subject to contextual adaptation. It governs the GST rate and classification treatment of goods insofar as it can operate under the Goa GST Act, with necessary modifications of statutory context and administrative terminology.
Clarifications regarding applicability of GST on certain services (Ref no. Circular No. 228/22/2024-GST dated 15th July, 2024)
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GST applicability clarifications for specified services apply mutatis mutandis under the Goa GST framework to ensure uniform state implementation.
GST clarifications concerning the applicability of tax on certain services apply mutatis mutandis in implementing the Goa Goods and Services Tax Act, 2017. The direction seeks uniform implementation of GST treatment for the concerned services in Goa, with implementation difficulties to be brought to the Commissioner's notice.
Processing of refund applications filed by Canteen Stores Department (CSD)-regarding.
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Canteen Stores Department refund processing follows central GST directions with necessary adaptation under the State GST framework.
Processing of refund applications filed by the Canteen Stores Department is to follow central GST directions governing such claims for implementation under the Goa Goods and Services Tax Act, 2017. Those directions are adopted for State GST purposes on a mutatis mutandis basis, so that they apply with necessary adaptation within Goa's statutory framework. The adopted directions form the basis for handling these refund applications in the State GST administration.
Mechanism for refund of additional Integrated Tax (IGST) paid on account of upward revision in price of the goods subsequent to export
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Additional IGST refund mechanism applies where exported goods undergo an upward price revision after export under Goa GST implementation.
Refund of additional Integrated Tax (IGST) arising from an upward revision in the price of exported goods is to be administered in Goa through the central mechanism. The central circular governing such refunds applies mutatis mutandis for implementation of the Goa Goods and Services Tax Act, 2017, to ensure uniform implementation.
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 clarified: value based on guaranteed amount per annum or actual consideration, with charge and invoicing rules.
Supply of corporate guarantee between related persons is taxable and, from the retrospective effective date, valuation for guarantees issued or renewed on or after that date is the higher of actual consideration and a notional annual charge based on the amount guaranteed (apportioned for shorter periods and multiplied for multi year tenures); domestic intra group guarantees are forward charged with invoicing by the guarantor, foreign guarantors attract reverse charge, co guarantors share valuation proportionately, and invoice value is deemed where full input tax credit is available.
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 stay on recovery: payment via electronic liability ledger plus undertaking halts recovery until the tribunal functions.
Where taxpayers cannot file appeals to the non operational Appellate Tribunal, they may obtain a stay of recovery by depositing an amount equivalent to the prescribed pre deposit via the Electronic Liability Ledger Part II and submitting an undertaking to the proper officer to file appeal when the Tribunal is constituted; such payment will be mapped to the selected demand and adjusted as pre deposit. Payments made inadvertently through FORM GST DRC 03 may be adjusted as if made against the demand upon filing FORM GST DRC 03A on the portal, and until that functionality exists taxpayers may intimate the proper officer to defer recovery.
Clarification on time of supply of services of spectrum usage and other similar services under GST
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Time of supply clarified for deferred spectrum payments: GST due when each instalment is paid or becomes due under reverse charge.
Clarification addresses time of supply for government spectrum allocation where payment is deferred; supply is service by Government with tax payable by recipient on reverse charge. Spectrum use is a continuous supply when provided over more than three months with periodic payments. For reverse charge the time of supply is earlier of payment (as entered in recipient's books or bank debit) or date immediately following sixty days from issue of invoice or document in lieu; where contract specifies payment due dates, invoice must be issued on or before such due dates. GST is payable on upfront payment when due or paid, and on deferred instalments as and when each instalment is due or paid.
Clarification on time of supply in respect of supply of services of construction of road and maintenance thereof of National Highway Projects of National Highways Authority of India (NHAI) in Hybrid Annuity Mode (HAM) model
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Time of supply clarified for HAM contracts: invoice date or payment receipt determines tax liability.
Clarifies that HAM concession contracts are a single continuous supply covering construction and O&M; if invoices are issued on or before the contractually specified date or event completion date, the time of supply is the invoice date or receipt of payment, whichever is earlier. If invoices are not issued by that date, time of supply is the date of provision of service (deemed as contractual due date) or receipt of payment, whichever is earlier. Interest components in installments/annuities are includible in taxable value.
Clarification on place of supply applicable for custodial services provided by banks to Foreign Portfolio Investors
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Place of supply for custodial services: treat under default place-of-supply rule, not the banking account-holder rule.
Custodial services provided by banks to FPIs are not services provided to an account holder and therefore do not fall under the banking account-holder place-of-supply rule; instead, their place of supply is to be determined under the default place-of-supply rule, ordinarily being the location of the service recipient where ascertainable, with the supplier location relevant only if recipient location is not ascertainable.
Clarification on availability of input tax credit on ducts and manholes used in network of Optical Fiber Cables (OFCs) in terms of Section 17(5) of the CGST Act, 2017
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Input tax credit on OFC ducts and manholes recognised as plant and machinery, hence available under GST law.
Ducts and manholes used in optical fiber cable networks are integral to providing telecommunication transmission services and, being neither land, buildings, excluded civil structures, telecommunication towers nor external pipelines, fall within the Explanation's definition of plant and machinery; therefore, availment of input tax credit on such ducts and manholes is not barred by the exclusions to input tax credit.
Clarification regarding taxability of the transaction of providing loan by an overseas affiliate to its Indian affiliate or by a person to a related person
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GST treatment of related party loans: interest only consideration exempt, separate processing fees are taxable services.
Under the CGST Act, supply between related persons is treated as supply, but services of extending loans where consideration is only interest or discount are exempt; therefore loans between related parties charging only interest/discount do not attract GST, whereas any separate processing or administrative fees charged in addition to interest constitute taxable consideration for supply of services and are liable to GST.
Entitlement of ITC by the insurance companies on the expenses incurred for repair of motor vehicles in case of reimbursement mode of insurance claim settlement
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Input tax credit availability for insurers on motor-vehicle repair costs follows insurer's approved reimbursement liability and invoicing.
Where garages issue invoices in the insurer's name for approved repair costs under reimbursement-mode claim settlements, the insurer is the recipient to the extent of its approved liability and may claim input tax credit for motor vehicle repair services used in supplying insurance. If invoices include amounts beyond the approved claim cost, ITC is limited to the insurer's reimbursed portion unless separate invoices allocate the approved cost to the insurer. No ITC is available where invoices are not in the insurer's name.

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Guidelines for Operational Framework of FTWZ and Warehousing units in SEZ

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KYC and surveillance obligations enhanced for FTWZ and warehousing units, with mandatory ERP systems and risk based audits enforced.
Guidelines require stringent KYC for FTWZ and warehousing units and their clients, mandatory pre transaction submission of client KYC to the Development ... Summary

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Acts Income Tax