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Circulars
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Standard Operating Procedure (SOP) for verification of taxpayers granted deemed registration
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Deemed registration verification SOP mandates physical checks, financial scrutiny, risk-based notice, and cancellation proceedings where warranted.
Compulsory post-registration verification is directed for taxpayers who obtained deemed registration where Aadhaar authentication was not opted for or had failed. The proper officer must physically verify the business premises and conduct preliminary financial scrutiny, including examination of ownership or tenancy, employee details, identity particulars, bank KYC, returns, bank account activity, capital employed, and sources of funds. In specified risk cases, FORM REG-17 may be issued, and if cancellation appears warranted, proceedings under the applicable cancellation procedure are to be initiated. The verification exercise is to be completed within a time-bound period with weekly reporting and supervisory oversight.
Availment of exemption on temporary import of Durable Containers in terms of Board Circular No. 51/2020 dtd. 20.11.2020 – Provisions in ICES
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Temporary import exemption for durable containers requires a re-export bond and specified ICES SW_CTRL shipping bill entries.
Durable containers not conforming to standard marine container dimensions must be declared as items in the Bill of Entry and an executed re-export bond is required to claim the temporary import exemption. ICES has been updated to require SW_CTRL table entries on the Shipping Bill for export/re-export, including Serial No, Control type code = DUC, Control Location, Control Start and End Dates, Control Result Code formatted as BE No.||BE inv no||item no (or NORE), and Control Result Remarks containing the container identification. Partial Credit of RE Bond functionality is to be used to credit bonds post-export.
Clarifications regarding availment of exemption on temporary import of durable Containers
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Exemption for temporary import of durable containers clarified: eligibility, identification, bond and procedural steps for import and re-export.
Durable containers temporarily imported for re-export qualify for full customs and integrated tax exemption under Notification No.104/94-Cus. if they are durable, reusable, identifiable at re-export and meet other notification conditions. Marine-container procedures remain governed by Circular No.31/2005; non-standard durable containers must be declared separately in bills of entry and shipping bills, a re-export bond and security (continuity bond recommended) must be furnished at import, unique identifiers verified at export, and bond procedures including partial crediting are supported in the Customs Automated System.
Standard Operating Procedure (SOP) for verification of taxpayers granted deemed registration
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Deemed registration verification: physical inspection and documentary financial checks required where Aadhaar authentication is not completed.
Mandatory post-registration verification is required for taxpayers granted deemed registration where Aadhaar authentication was not opted for or has failed. Proper officers must conduct physical verification of the principal and additional business premises or, with senior approval, obtain documentary evidence; suspected cases may trigger FORM REG 17 and proceedings under rule 22. The SOP mandates on site checks (utilities, premises size, ownership, employee records, identity documents, bank KYC) and preliminary financial scrutiny (ITRs, bank account activity, capital structure, audited accounts, and loan proposals).
Procedure at FSP Cell, JNCH for revalidation/ new registration of Self Sealing Permission in EDI system for Electronic sealing of containerized cargo at factory or warehouse premises
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Self Sealing Permission revalidation requirement: submit prescribed documents and file electronic CIM ES for e seal cargo compliance.
Extension and revalidation procedure for Self Sealing Permission at JNCH requires submission of a request letter, existing permission/registration copy, representative authorization if applicable, IEC/PAN/GSTN proof, attested specimen signatures with photographs, and a declaration of prior cases; a dedicated FSP Cell e mail has been provided for filings and exporters using RFID/e seals must file the Customs Inland Manifest for e Seal Cargo (CIM ES) electronically.
Quarterly Return Monthly Payment Scheme.
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Quarterly return monthly payment scheme streamlines GST compliance with quarterly filings, monthly tax payment, and optional invoice furnishing.
The QRMP Scheme allows eligible registered persons with aggregate turnover up to five crore rupees to furnish FORM GSTR-3B quarterly while making monthly tax payments for the first two months of each quarter. The option is exercised on the common portal within the prescribed time window and is GSTIN-wise. Quarterly outward supply details are filed in FORM GSTR-1, with an optional Invoice Furnishing Facility for selected invoices, and monthly tax is paid through FORM GST PMT-06 by either the fixed sum method or the self-assessment method. Quarterly filing, interest, and late fee consequences are specified for delayed compliance.
e-Voting Facility Provided by Listed Entities
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E voting access through demat accounts enables single-login shareholder voting with depository authentication and OTP security.
SEBI directs integration of remote e-voting with depositories so demat account holders can access ESP portals via a single login-either through direct registration with depositories or via demat account interfaces-where authentication is performed by the depository, confirmatory SMS is sent after voting, and depositories will send pre-voting alerts to demat holders; a second-factor OTP verification is mandated in a subsequent phase, with depositories, listed companies and ESPs providing helplines and disclosure links to assist shareholders.
Additional Payment Mechanism (i.e. ASBA, etc.) for Payment of Balance Money in Calls for partly paid specified securities issued by the listed entity
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ASBA payment mechanism expanded to allow call money payments for partly paid securities via SCSBs and linked trading demat bank accounts.
The circular expands the use of ASBA and additional electronic channels to permit subscription and payment of balance money for calls on partly paid specified securities through online SCSB portals, physical SCSB branches, and linked trading, demat and bank accounts, with intermediaries and RTAs required to guide holders on the mechanism.
Third Party Invoicing in case of Preferential Certificates of Origin issued in terms of DFTP for "wholly obtained goods"
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Third-party invoicing accepted for preferential origin certificates for wholly obtained goods, subject to verification and RBI rules.
Third party commercial invoices may be accepted for Certificates of Origin under the Duty Free Tariff Preference Scheme where the originating criterion is wholly obtained, provided the invoice and Certificate of Origin correspond to the same goods, the goods satisfy applicable origin rules, customs officers carry out due diligence to verify authenticity and correctness of the claim, and existing Reserve Bank stipulations on third party invoicing continue to apply.
Tariff Related Quota – Implementation in System
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Tariff related quota requires electronic TRQ license entry to claim concessional customs duty; system debits quota on import.
TRQ licenses will be transmitted electronically by DGFT to ICEGATE with scheme code 32, registered in ICES at the port of registration, and must be entered in the Bill of Entry. The system will automatically debit import quantities from the TRQ license and reflect debit details to assessing officers; absence of license details or exhausted quota will prevent concessional duty benefit and imports will attract the tariff rate.
Providing documents sought by investigating agencies like CBI, ED, DRI, etc.
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Disclosure to investigating agencies may be authorised by regional heads with specified receipt, ID and record-keeping safeguards.
Regional Authorities may, on receipt of written requests from investigating agencies, decide to hand over requested records without prior headquarters approval, subject to case facts. Records must be provided against a written request, under proper receipt recording the receiver's name and designation; a copy of the receiver's official ID must be retained and the RA should keep copies of records handed over. If the Head of Office objects to disclosure, a reasoned reference must be sent to the ECA Division at Headquarters.
Regarding rectification of GSTIN status discrepancies and submission of details of pending Suo Moto cancellation cases through GSTN Web Module
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GST registration status rectification requires re-uploading cancellation orders and priority updating of active records.
GST registration records showing an active status despite prior cancellation orders uploaded through the GSTN Web Module require immediate rectification. Where cancellation orders are already available in the Suo Motu cancellation records of assessing authorities, those orders are to be re-uploaded and the cancellation status is to be properly reflected in the system on a priority basis so that tax evasion risks arising from incorrect GSTIN status are prevented.
Quarterly Return Monthly Payment Scheme
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Quarterly return filing with monthly tax payment under QRMP Scheme clarified for eligible registered persons and compliance steps.
The QRMP Scheme permits eligible registered persons with aggregate turnover up to five crore rupees to furnish GSTR-3B on a quarterly basis while making monthly tax payments for the first two months of each quarter. Registered persons must file quarterly GSTR-1, may use the optional Invoice Furnishing Facility for selected invoices in the first two months, and may discharge monthly tax through either the fixed sum method or the self-assessment method in GST PMT-06. The circular also clarifies quarterly filing, interest for delayed payment, and late fee for delay in furnishing the quarterly return or outward supply details.
Clarification relating to application of sub-rule (4) of rule 36 of the Assam GST Rules, 2017 for the months of February, 2020 to August, 2020
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Input tax credit reconciliation under rule 36(4) clarified for cumulative claims, reversal of excess credit required.
Cumulative application of the rule 36(4) ITC restriction was clarified for February, 2020 to August, 2020, requiring taxpayers to reconcile GSTR-3B credit with invoices uploaded by suppliers up to the due date for GSTR-1 of September, 2020. The cumulative ITC claimed for those months could not exceed 110% of the eligible credit reflected in uploaded invoices or debit notes, and any excess had to be reversed in GSTR-3B for September, 2020. Failure to reverse the excess would be treated as ineligible ITC.
Clarification on refund related issues
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Bunching of refund claims across financial years now permitted, with proportional refund and documentation requirements enforced.
Restriction on bunching of refund claims across financial years is removed, allowing clubbing of tax periods spanning different financial years. Refund of accumulated ITC due solely to a reduction in tax rate on the same goods is not admissible under the provision for accumulation from inverted rate differentials. Refunds for tax paid on non-zero-rated supplies will be apportioned according to the original mode of payment, with ITC-related amounts re credited to the electronic credit ledger via Form GST PMT 03 and cash portions paid via Form RFD 06. Admissible ITC for refund is restricted to invoices uploaded by suppliers in GSTR 1 and reflected in the applicant's GSTR 2A, and Annexure B is amended to require HSN/SAC codes for inward supplies.
Clarification in respect of issues under GST law for companies under Insolvency and Bankruptcy Code, 2016
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GST treatment for corporate insolvency: special registration, claim procedure, limited input tax credit and cash ledger refund.
Pre CIRP GST dues are treated as operational debt and coercive action is barred; tax officers must file claims before the insolvency forum. Registration of a corporate debtor under CIRP must not be cancelled and suspension or revocation of recent cancellations is permitted. The IRP/RP need not file pre CIRP returns but must obtain fresh registrations for the corporate debtor, file CIRP period returns and comply with GST obligations. A special procedure allows limited Input Tax Credit on invoices bearing the erstwhile GSTIN in the first return and permits refund of amounts deposited in the cash ledger during transition.
Clarification in respect of apportionment of input tax credit (ITC) in cases of business reorganization under section 18(3) of JGST Act read with rule 41(1) of JGST Rules
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Apportionment of input tax credit: State-level asset ratios govern ITC transfer and Form GST ITC-02 filing procedures.
Clarification explains transfer and apportionment of input tax credit on business reorganisations under section 18(3) JGST Act and rule 41(1) JGST Rules: apportionment for demergers and similar partial transfers is to be computed at the State level for distinct registrations, using the value of entire assets specified in the demerger scheme; the asset-value ratio is taken as on the appointed date of demerger and applied to the transferor's unutilized ITC balance on the date of filing Form GST ITC-02. The ratio applies to the total ITC (CGST, SGST/UTGST, IGST and cess), and the transferor may distribute the transferable sum among tax heads subject to available balances. Form GST ITC-02 is required only where both transferor and transferee are registered in the State.
Clarification in respect of appeal in regard to non-constitution of Appellate Tribunal
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Appeal to Appellate Tribunal: time-limit runs from the date the President enters office, allowing filing when constituted.
Clarification instructs that appeals from adjudicating authorities must be pursued before the appointed appellate authorities without awaiting Tribunal constitution; appointments depend on the rank of the original authority. For appeals to the Appellate Tribunal, the limitation period runs from the later of communication of the appellate order or the date the President or State President of the Tribunal enters office, and appellate orders may note that appeals can be filed within that period.
Declaration of dividends by banks
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Dividend suspension: banks barred from paying dividends from the most recent financial year's profits to conserve capital and support lending.
Banks are required to refrain from distributing dividends from the profits of the financial year ending March 31, 2020; the Reserve Bank directs that no dividend payment on equity shares be made from those profits so that banks conserve capital to absorb losses, strengthen balance sheets, and continue supporting lending to the real economy.
Clarifications on provisions of the Direct Tax Vivad se Vishwas Act, 2020
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Vivad se Vishwas eligibility and computation rules clarified, fixing cut off status for appeals and modelling disputed tax allocation.
Clarifications explain that eligibility under the Direct Tax Vivad se Vishwas Act, 2020 is determined by the status of appeals, writs, arbitrations or statutory filings as on 31 January 2020, with specified exceptions; computation rules require inclusion of enhancement notices and additional grounds filed by that cut off, aggregation of repeated additions with the higher tax taken where applicable, and allocation of identifiable prepaid taxes to corresponding income while unidentifiable prepaid taxes are apportioned against remaining liabilities.

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Procedure for opening & operating the designated "FCRA Account" as provided under the amended Section 17(1) of The Foreign Contribution (Regulation) Act, 2010

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Designated FCRA Account requirement: foreign contributions must be received only in the specified SBI New Delhi branch, with permitted transfers.
Every person or entity granted registration or prior permission under the FCRA must receive foreign contribution only into a designated "FCRA Account" ... Summary

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Acts Income Tax