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Circulars
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Monetary limits for filing/ withdrawal of Wealth Tax appeals by the Department before ITAT, HCs and SLPs/appeals before SC through extending the scope of Circular 3 of 2018 -Measures for reducing litigation
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Monetary limits for departmental wealth tax appeals extended to wealth tax with a defined tax-effect rule and writ exception.
The CBDT extends Circular No.3/2018 monetary limits to Wealth Tax appeals effective 5 February 2019, applying Para 3 thresholds mutatis mutandis. For Wealth Tax, tax effect is the difference between tax on assessed Net Wealth and tax if disputed wealth were excluded; interest is excluded unless interest chargeability is disputed, in which case interest is the tax effect. For penalty orders, tax effect is the quantum of penalty deleted or reduced. The monetary limits do not apply to writ matters.
Continuation of Manual Appeal Filing Procedure under GST due to Technical Limitations in Online Appeal Module Developed by GSTN
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Manual GST appeal filing continues where the online appeal module cannot properly route enforcement unit appeals.
Manual appeal filing under GST continues for enforcement unit orders because the online appeal module is not yet fully operational. Appeals may appear on the login ID of the division-linked appellate authority even where the designated appellate authority is the enforcement unit's appointed officer, and the module presently lacks appeal-transfer functionality. Technical issues are also noted for certain central tax and unregistered inter-State cases, so the earlier manual procedure remains in force until further orders.
Regarding timely filing of returns and payment of due tax by large taxpayers in the State
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Timely filing of returns and payment of tax by large taxpayers are to be strictly monitored and enforced.
Timely filing of returns and payment of due tax by large taxpayers are to be monitored and enforced through regular administrative review. The circular records that 830 taxpayers with turnover above Rs. 5 crore had not filed GSTR-3B for December 2018 by the specified date, and directs that details of non-filers be shared with assessing authorities so that large taxpayers in each zone and division file returns and pay due tax on priority. It also requires maintenance of lists of top large taxpayers and regular monitoring of GSTR-3B compliance.
Interest Equalisation Scheme (IES) for pre and post Shipment Rupee Export Credit and its expansion
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Interest Equalisation Scheme expands eligibility to merchant exporters and increases support for MSME manufacturers on rupee export credit.
The Interest Equalisation Scheme provides interest equalisation on pre- and post-shipment rupee export credit through RBI and banks. Manufacturer exporters in designated tariff lines and merchant exporters are eligible for equalisation on those exports, while MSME manufacturers receive equalisation across all tariff lines with an increased rate effective from early November 2018; RBI notifications and operative guidelines govern implementation and claims.
Procedure for clearance of Export LCL Cargo categorized as “Hazardous Goods”
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Hazardous goods clearance: existing export examination procedure applies equally to containerized and LCL consignments, requiring compliance.
The procedure in Public Notice No.46/2017 for clearance and examination of export cargo classified as hazardous goods is expressly applicable to both containerized and LCL consignments; this notice operates as a standing order for Jawaharlal Nehru Custom House officers, and stakeholders with difficulties must approach the designated Deputy/Assistant Commissioner in charge of Appraising Main (Export) via the provided contact channels.
The Nagaland Goods and Services Tax (Second Removal of Difficulties) Order, 2019
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Filing deadline extension for GST collection statements permitted where portal registration issues prevented timely submission.
To address inability of certain operators to obtain portal registration and furnish monthly electronic statements of outward supplies and amounts collected, the State Government issued a Removal of Difficulties Order amending the Explanation to the provision that prescribes the statement, substituting the earlier deadline with a later date to extend the filing timeline for affected operators.
Nagaland Goods and Services Tax (Removal of Difficulties) Order, 2019
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Composition scheme eligibility: exempt interest or discount on loans and deposits excluded from aggregate turnover calculations.
The value of exempt services by way of extending deposits, loans or advances, insofar as the consideration is represented by interest or discount, shall not be taken into account for determining eligibility for the composition scheme and shall be excluded when computing aggregate turnover for composition eligibility.
Corrigendum - Circular No-1/2019 dated 1st January, 2019
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Section 80TTB phrase deletion clarifies explanatory text in salary deduction guidance under the income-tax circular.
Corrigendum deletes the parenthetical phrase "(not being time deposits)" from para 5.5.12 of Circular No.1/2019 concerning Section 80TTB, amending the explanatory text of the circular on income-tax deduction from salaries for FY 2018-19.
Changes in Circulars issued earlier under the CGST Act, 2017
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Realization of export proceeds in INR allowed where RBI permits, clarifying LUT usage and job work compliance rules.
Amendments effective 01.02.2019 update prior CGST circulars: realization of export proceeds in INR is permitted where RBI allows and acceptance of LUT for supplies to foreign countries and SEZs is allowable irrespective of invoice currency; job work rules are revised to restate principal's accounting responsibility, to apply specified time limits for return or onward supply with date of supply being when goods were sent and interest payable, to clarify job worker registration thresholds and valuation of job work services, and to confirm invoicing and tax liability rules for registered job workers; detention, recovery procedures and suspension of registration provisions are also amended with revised forms and payment mechanisms.
Changes in Circulars issued earlier under the Manipur GST Act, 2017
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Realization of export proceeds in INR permitted, enabling acceptance of LUT for goods and services where RBI allows.
The IGST amendment allowing realization of export proceeds in Indian Rupees where permitted by the RBI is implemented: acceptance of Letter of Undertaking (LUT) for supplies of goods or services to countries outside India and to SEZ developers/units is permitted irrespective of payment currency, subject to RBI guidelines. Job work provisions are aligned with amended time limits and principal responsibilities; principals must invoice and declare supplies when prescribed time lapses, with interest payable. Detention payment timelines extended to fourteen days and recovery must be effected via FORM GST DRC-03/DRC-07, discontinuing GSTR-3B reversals.
Rescinding Board Circular No. 46/2017-Customs dated 24th November, 2017
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Rescission of IGST/GST circulars: prior warehouse transfer guidance withdrawn and prior circular deemed rescinded on supersession.
The circular rescinds Circular No. 03/01/2018-IGST with effect from 01.02.2019 and confirms that Board Circular No. 46/2017-Customs stood rescinded from the date it was superseded, concerning the applicability of IGST/GST on goods transferred or sold while deposited in a warehouse; further clarification may be sought from the Board.
Rescinding of Circulars issued earlier under the IGST Act, 2017 to be effective from 01.02.2019
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Supply of warehoused goods exclusion clarified; earlier IGST circular rescinded and non-supply treatment affirmed administrative.
Amendment to Schedule III treats transfers of warehoused goods to any person before clearance for home consumption as outside the scope of supply; the Board rescinds the earlier IGST circular on this matter and directs field formations to publicize the revised classification and report implementation difficulties.
Central Goods and Services Tax (Amendment) Act, 2018-Clarification regarding Section 140(1) of CGST Act, 2017
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Transition of CENVAT credit clarified to include service tax credits as eligible duties, while cesses remain excluded.
Transition provisions permit carryforward of CENVAT credit of service tax paid under section 66B of the Finance Act, 1994 as eligible duties; the term "eligible duties" should be read to include the categories listed in the existing explanations and construed broadly so as not to exclude service-tax credit. The expression does not import the stock-or-in-transit conditions in the explanations, and clauses that would link those conditions to transitional eligibility will not be notified. Transition of cesses is excluded by the inserted explanation, effective from its notified retrospective date.
Export Policy of Bio-fuels — Export of bio fuels from EOU/ SEZ / DTA
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Export regulation for biofuels: non fuel exports from EOU/SEZ allowed if feedstock is imported and DTA rules followed.
Exports of biofuels for non fuel purposes from EOU and SEZ units are permitted under the export provisions applicable to EOUs and SEZs, provided the feedstock for such export production is imported; transactions between SEZ and the domestic tariff area must comply with the restriction applicable to DTA exports and the existing export notification.
Guidelines for processing of applications for financial assistance under the Central Sector Scheme named 'Seva Bhoj Yojna' of the Ministry of Culture
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Financial assistance processing under Seva Bhoj Yojna: trade notice directs adherence to CBIC guidelines and public dissemination.
Guidance directs processing of applications for central financial assistance under the Seva Bhoj Yojna in accordance with the CBIC circular, requiring verification of eligibility, adherence to submission formats and supporting documentation, and internal processing controls; the trade notice also mandates dissemination of the circular's contents to trade associations and the public.
Reporting for Artificial Intelligence (AI) and Machine Learning (ML) applications and systems offered and used by Market Infrastructure Institutions (MIIs)
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AI/ML reporting requirement mandates quarterly disclosure of AI and ML systems by market infrastructure institutions to the regulator.
MIIs must submit a standardized Annexure B reporting form quarterly to designated regulator email addresses within 15 days of quarter end, describing AI/ML applications in use, their implementation, whether cyber security controls apply, inclusion in system audits, and safeguards against abnormal behaviour; the scope covers NLP, neural networks, supervised/unsupervised learning, clustering, feedback driven systems and knowledge base systems as set out in Annexure A.
Union Budget 2019-20- Filing of Bills of Entry
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Customs filing suspension for tariff updates: bills of entry submissions halted temporarily; processing of earlier filings continues.
Submission of Bills of Entry in ICES and Section 48 approvals will be stopped at 18:00 on 1 February 2019 for tariff and notification directory updates; ICEGATE and Service Centre receipt will resume after updation and traders will be informed. Processing of Bills of Entry filed before 18:00 will continue; Shipping Bills remain unaffected. Export duty/cess changes for Shipping Bills filed on or after 1 February 2019 will be tracked and collected manually until directories are updated.
Relief in average export obligation in terms of Para 5.19 of Hand Book of Procedures of FTP 2015-20
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Exporters in declining sectors may get reduced EPCG average export obligations proportionate to export decline.
Regional Authorities must re-fix the annual average export obligation for EPCG authorisations for 2017-18 by reducing the obligation proportionate to sectors/product groups that experienced over a 5% decline in exports in 2017-18 versus 2016-17; the reduction must be endorsed in the concerned EPCG authorisation file and the Amendment Sheet. When assessing discharge of export obligations or issuing demand notices for shortfalls, Regional Authorities must consider prior policy circulars and include this requirement in the EODC check-sheet.
Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117(14) of the Andhra Pradesh Goods and Service Tax Rules, 2017 in certain cases
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Extension of time for FORM GST TRAN-1 granted for registrants unable to file due to portal technical difficulties.
Extension of time for submission of the declaration in Form GST TRAN-1 is granted until 31st March 2019 for registered persons who could not file by the due date due to technical difficulties on the common portal and whose cases were recommended by the Council; the order is issued under the statutory powers in the Andhra Pradesh GST rules and Act and supersedes the earlier order except as to past actions or omissions.
Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117(1A) of the Central Goods and Service Tax Rules, 2017 in certain cases
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Extension of time for FORM GST TRAN-1 filing granted to registrants affected by portal technical difficulties.
The Commissioner, under rule 117(1A) and section 168, extends the period for submitting the declaration in FORM GST TRAN-1 until 31st March, 2019 for registered persons who could not file by the due date because of technical difficulties on the common portal, limited to cases recommended by the Council and superseding Order No. 4/2018 GST.

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Directions for Expedited Disposal of GST Refund Applications and Weekly Reporting

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Priority disposal of GST refund applications requires timely verification, weekly reporting, and prompt treasury payment of sanctioned refunds.
Priority disposal of GST refund applications is directed for all assessing authorities, including manual applications and portal-reflected applications ... Summary

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Acts Income Tax