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    Circulars
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    Minutes of the 54th Meeting of the GST Council held on 09th September, 2024
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    GST Council approves rule omissions, place of supply clarifications, ITC and retrospective relief procedures, and selected rate changes.
    The Council approved Law Committee and Fitment Committee recommendations: omission of rule 96(10) and rule 89(4A)/(4B) with consequential amendments and IGST refund regularisation where IGST/cess on imported inputs is later paid; clarifications on place of supply for advertising and data hosting services (treated as outside India when recipient is outside India); ITC availability on demo vehicles; implementation procedures for retrospective subsections (5) and (6) of section 16 including a rectification mechanism; insertion of Rule 164 and Forms for Section 128A implementation; selected rate and classification changes and GoM referral for insurance matters.
    Modification in the timeline for submission of status regarding payment obligations to the stock exchanges by entities that have listed commercial paper
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    Payment obligation reporting timeline updated to require issuers of listed commercial paper to notify stock exchanges promptly.
    Paragraph 8.4 of Chapter XVII of the NCS Master Circular is amended to require a certificate confirming fulfilment of its payment obligations to be submitted to stock exchanges within one working day of payment becoming due, aligning the timeline with Regulation 57 of the LoDR Regulations applicable to listed non-convertible securities.
    Liberalised Remittance Scheme (LRS) for Resident Individuals-Discontinuation of Reporting of monthly return
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    Liberalised Remittance Scheme reporting changed: monthly return discontinued and daily transaction-wise uploads now required under LRS.
    AD Category I banks shall discontinue submission of the LRS monthly return (Return code: R089) and instead upload transaction wise LRS data daily (CIMS return code: R010) at the close of business of the next working day; a 'NIL' report must be uploaded if no data exists. Earlier circular instructions are withdrawn and the Master Direction on Reporting under FEMA, 1999 will be updated. Directions are issued under Section 10(4) and Section 11(1) of the Act.
    Implementation of automation in the Customs (Import of Goods at Concessional Rate of Duty or for Specified End Use) Rules, 2022 in respect of EOUs
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    Automation implementation in concessional-rate import rules for EOUs adjusted to address registration and bond submission issues.
    Implementation of automation in the Customs (Import of Goods at Concessional Rate of Duty or for Specified End Use) Rules, 2022 for Export Oriented Units is postponed to allow resolution of problems with registration, IIN generation and bond submission in the new module. Field formations are to issue Public Notices for guidance and report implementation difficulties to the Board.
    Implementation of the Sea Cargo Manifest and Transshipment Regulations (SCMTR) for Mangalore Customs (INNML1) w.e.f. 01.10.2024 - Reg.
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    Sea Cargo Manifest and Transshipment Regulations: mandatory new manifest format for Mangalore cargo; stakeholders must begin parallel filing.
    Implementation of the Sea Cargo Manifest and Transshipment Regulations for Mangalore Customs will commence w.e.f. 01.10.2024, with transitional provisions extended to 30.09.2024. The SCMTR mandates advance cargo information, revises manifest formats and filing timelines, and makes filing in the new format mandatory from the effective date. Stakeholders must commence parallel filing immediately; commissionerate officers will assist and report any implementation difficulties to the undersigned.
    Implicating Customs Brokers as co-noticee in cases involving interpretative disputes
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    Implicating customs brokers requires proven abetment and adherence to licensing regulation procedures before co-noticee tagging.
    Implicating customs brokers as co-noticees should be avoided in routine interpretative disputes unless investigation establishes and the show cause notice clearly pleads the broker's role in abetment. Action against brokers for professional lapses must proceed under the Customs Broker Licensing Regulations, 2018, observing Regulation 16 and Regulation 17 timelines and procedures, and must be linked to offence reports that specifically record the broker's involvement. Existing instructions on suspension of licences continue to apply.
    Allocation of 8606 Metric Tonnes Raw Value (MTRV) of raw cane sugar to USA under TRQ scheme for US fiscal year 2025
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    Tariff-rate quota allocation for raw cane sugar to USA: administrative operation by APEDA with Certificate of Origin controls.
    Allocation of a tariff-rate quota quantity of raw cane sugar for export to the United States for US fiscal year 2025 is made under Paragraph 2.04 of the Foreign Trade Policy, 2023. Exports of sugar (HS Code 17010000) to the USA are treated as Free under Notification No. 3/2015-20 but remain subject to the notified nature of restrictions and reporting obligations. Certificate of Origin will be issued by the Additional Director General of Foreign Trade, Mumbai on APEDA recommendation, and APEDA, New Delhi will operate the TRQ as the implementing agency, with other certification requirements to be followed.
    Extension of Interest Equalization Scheme (IES) for Pre and Post shipment Rupee Export Credit for One month beyond August, 2024
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    Interest Equalization Scheme extension for MSME manufacturing exporters continues, preserving existing terms and fund limits.
    The Interest Equalization Scheme for Pre and Post shipment Rupee Export Credit is extended for one month as a fund limited scheme, applicable only to MSME manufacturing exporters and continuing on the same terms and conditions; stakeholders must follow existing central bank guidelines and notifications for implementation.
    Waiver of Late filing Charges, Detention & Demurrage Charges charged by Container Freight Stations, Port Terminals & Shipping Lines
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    Waiver of late filing charges and detention/demurrage relief after port suspension due to severe weather disruption.
    The notice directs that detention, demurrage and related charges for containers and vessels affected by the port suspension be examined for waiver for the period 28.08.2024-31.08.2024, and that the Late Fee for belated Bills of Entry linked to the weather-induced disruption is waived for entries inward during that period, on production of evidentiary documents; implementation issues are to be notified to the Additional Commissioner and the Notice is a standing order for Customs House staff.
    Biometric based Aadhaar authentication – Establishment of GSK (GST Suvidha Kendra) Centres – Existing premises of the offices to be used – Personnel to be deployed – Certain instructions – Issued
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    Biometric Aadhaar authentication required for high risk GST registrations, with in person verification at designated GSK centres.
    Biometric Aadhaar authentication will be applied to high risk GST registration applicants: Part B submissions of Form GST REG 01 will be risk scored and high risk applicants directed to GSK Centres for photographic capture, iris and fingerprint authentication, and original document verification. Fourteen GSK Centres, split between central and state control, will be staffed by designated BAOs and HBAOs; Joint Commissioners (ST) mapped to each Centre must provide space, furnish biometric booths, assign personnel, ensure continuous operation, and coordinate replacements and device functionality.
    Implementation of the Sea Cargo Manifest and Transshipment Regulations (SCMTR)
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    Sea cargo manifest and transshipment regulations mandate phased migration to new manifest formats, with mandatory filing and port-level monitoring.
    Implementation of the Sea Cargo Manifest and Transshipment Regulations (SCMTR) will proceed in a phased, port-specific manner, after which filing only in the new SCMTR manifest format will be mandatory. Transitional provisions permit continued use of old formats during rollout, but stakeholders are directed to begin parallel filing in the new format immediately to avoid adverse effects on cargo clearance. Chief Commissioners must monitor implementation, publicize the change, sensitize officers to assist stakeholders, and report any difficulties to the Board.
    Review of eligibility criteria for entry/exit of stocks in derivatives segment.
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    Eligibility criteria for stock derivatives tightened, with strengthened cash market thresholds and a product success framework enforcing exits.
    Stocks qualify for single stock derivatives only if they meet enhanced cash market thresholds on a continuous six month rolling basis, including top market capitalisation ranking, higher Median Quarter Sigma Order Size, increased Market Wide Position Limit, and raised Average Daily Delivery Value. Eligibility on any exchange confers derivatives access across exchanges, with VWAP based settlement. Failure to meet any criterion for three continuous months (post gestation) triggers exit; excluded stocks cannot be re included for one year. A Product Success Framework imposes participation, trading days, turnover and notional open interest minimums; non compliance similarly curtails issuance of new contracts while existing contracts may run to expiry.
    Minutes of the 122nd meeting of the Board of Approval for SEZs held on 30th August, 2024 at Hyderabad
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    SEZ approvals: board authorises extensions, co developer recognitions, de notifications and conditional import and security directions for units and developers
    The Board directed adoption of a DGEP/DoC checklist for Rule 11B implementation and required DCs to submit checklist outcomes; it authorised time limited extensions and regularisation of certain LoAs, directed a Show Cause Notice where a unit's investment and business plan were inadequate, approved co developer statuses and built up expansions subject to SEZ Act terms and Assessing Officer tax examination rights, recommended multiple partial and full de notifications, permitted specified processing floors to be converted to Non Processing Areas under Rule 11B, and granted conditional import/export and industrial licence permissions with prescribed security and export compliance conditions.
    Delisting of an Agency Authorized to issue Certificate of Origin (Non Preferential) from Appendix 2E of FTP, 2023
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    Delisting of Certificate of Origin issuer removes authorization to issue non-preferential origin certificates and deboards it from digital platform.
    The Director General of Foreign Trade has removed M/s Oriental Chamber of Commerce and Industry from the list of agencies authorized to issue Certificate of Origin (Non Preferential), deleted its name from the regional roster in the Appendices and deboarded it from the Common Digital Platform, with immediate effect, thereby terminating its authority to issue such certificates.
    Abeyance of Public Notice No. 05/2024 dated 27.05.2024
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    Wastage norms revision: proposed higher precious metal jewellery wastage rates, with stakeholders invited to submit comments within a short window.
    The Directorate has put the earlier Public Notice modifying wastage and Standard Input Output Norms for gold, platinum and silver exports into abeyance until 15th September 2024 and circulated proposed revised wastage norms by item and manufacturing method in an annexure. The proposed rates distinguish handcrafted and partly mechanized production across categories such as plain jewellery, studded jewellery, mountings/findings, medallions/coins, and religious idols. Trade stakeholders are invited to submit comments to the Norms Committee by e mail within seven days from issuance to assist finalisation.
    Clarifications regarding applicability of GST on certain services
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    GST exemptions and retrospective regularisation clarified for rail, SPV, RERA, reinsurance and digital-payment incentives.
    Circular adopts CBIC clarifications under the MGST Act and addresses GST exemptions, applicability and retrospective regularisation. It regularizes GST treatment for Ministry of Railways services and SPV-Railways transactions on an 'as is where is' basis for specified periods; confirms RERA statutory collections fall under governmental-authority exemption; treats specified digital payment incentives shared as subsidy and not taxable when distributed as per NPCI-determined proportions; regularizes reinsurance liabilities (including retrocession) for specified exempt schemes and clarifies exemption for certain long-term accommodation services meeting the notified value and duration conditions.
    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 updates: key goods reclassified and prior-period transactions regularized under specified compliance conditions.
    Solar cookers working on dual solar and grid energy are classifiable under the electrical heating/lighting heading and attract 12% GST. All sprinklers, including fire water sprinklers, and parts of poultry keeping machinery attract 12% GST; amendments expressly include parts and prior period issues are regularized on an as is where is basis. The definition of "pre-packaged and labelled" excludes agricultural produce packages over 25 kilogram or 25 litre from the 5% levy, with past periods regularized. Supplies to or by government engaged agencies for approved distribution programmes are regularized subject to certification and reversal of input tax credit if claimed.
    Tamil Nadu Government has recently issued guidelines - adjudication proceedings highlighting the qualities of a good order, show cause notice, proceedings etc.
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    Natural justice obligations require clear, reasoned speaking orders and transparent show cause procedure to reduce litigation and ensure compliance.
    Guidelines require GST adjudication orders to be clear, concise and legally sound, delivering speaking orders that set out facts, statutory provisions applied, evidence analysis, and reasons for acceptance or rejection of taxpayer contentions. Adjudicating authorities must respect Natural Justice - impartiality, fair hearing, and reasoned decisions - by issuing comprehensive show cause notices, permitting inspection and copies of relied documents, recording personal hearings, allowing cross examination and adjournments, and quantifying tax, interest and penalty with transparent calculations while specifying remedies and appeal avenues.
    Further abeyance of Public Notice No. 05/2024 dated 27.05.2024 until 15.09.2024.
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    Abeyance of wastage norm modification continues; previous SIONs and Handbook norms restored pending review and comments.
    Public Notice No. 05/2024 revising permissible wastage and Standard Input Output Norms for metal-bearing exports is placed in abeyance to permit consideration of Norms Committee recommendations and stakeholder comments. Meanwhile, the pre-existing wastage norms under the Handbook of Procedures and the established SIONs for the affected items are restored and remain operative pending the review.
    Amendments in Appendix-4J of the Handbook of Procedures, 2023
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    Export obligation periods clarified with pre-import condition from customs clearance, altering compliance timelines for specified imported inputs.
    Amendment to Appendix-4J fixes export obligation periods subject to a pre-import condition measured from customs clearance for specified import items, including differentiated periods for categories of spices, drugs from unregistered sources, tea, coconut oil, silk, raw sugar, precious metals for gem and jewellery, penicillin from unregistered sources, natural rubber, notified SION/norm items, maize, walnut, and wheat. Fabrics under the Special Advance Authorization Scheme have their obligation period counted from authorisation issue and may be extended per the Handbook. Certain items are excluded from the table.

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      Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 54th meeting held on 9th September, 2024, at New Delhi

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      GST classification and rates updated: HS code and rate changes for extruded snacks, rail AC units, and vehicle seats.
      Clarification updates GST classification and applicable rates: extruded or expanded savoury products under HS 1905 90 30 attract 12% from the ... Summary

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