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Circulars
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Enlistment of Agency(ies) and amendment in details under Appendix 2E of FTP, 2015-2020 - authorized to issue Certificate of Origin (Non-Preferential)
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Authorization to issue Certificate of Origin expanded; two agencies enlisted and one agency's name and contacts amended.
Authorisation to issue Certificate of Origin (Non-Preferential) is expanded by adding two named export agencies to the official list of authorised issuers, enabling them to issue such certificates in their jurisdictions. Additionally, an existing agency entry is amended to correct the agency's name and update its telephone, email and website contact details.
Exim Bank's Government of India supported Line of Credit (LoC) of USD 10.40 million to the Government of the Kingdom of Eswatini (Swaziland)
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Government-supported Line of Credit requires majority India sourcing, DPR appraisal, EDF shipment declaration and restricted commission payment.
Exim Bank's Government supported Line of Credit finances a Disaster Recovery Site subject to a DPR (cost 1% of credit); at least 75% of contract value must be supplied from India, up to 25% may be procured abroad; shipments must be declared in the Export Declaration Form; no agency commission payable from the LoC though exporters may pay commission from their own resources or EEFC balances with AD Category I banks permitting remittance after full export value realization; terminal utilization period is 60 months after scheduled project completion.
Clarification in respect of the Master Circular No. 1053/02/2017- CX dated 10.03.2017
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Pre-show cause notice consultation required for large excise and service tax demands; fraud-related cases are excluded.
The Circular reiterates that pre-show cause notice consultation is mandatory prior to issuing a show cause notice for demands above the prescribed threshold, except in preventive or offence-related proceedings, and that the consultation obligation lies with the SCN-issuing authority. Exclusion from consultation is case-specific, not formation-specific; consultation is not mandatory where proceedings arise from fraud, collusion, wilful misstatement, suppression of facts, or contraventions committed with intent to evade duties or taxes.
Procedures for refund of excise duty on purchase of petrol/diesel/fuel oil by Diplomatic Missions and their officers for their official /personal use
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Refund of excise duty for diplomatic missions requires MEA verification then forwarding to Central Excise for sanction and interest rules apply.
Refunds of excise duty on petrol, diesel and fuel oil purchased by diplomatic missions and their officers remain available post-GST. Claims must be filed with the Ministry of External Affairs, which verifies and forwards them with recommendations to the jurisdictional Assistant/Deputy Commissioner of Central Excise for processing; claims require supporting certificates and cash memos. The filing limitation is one year from purchase measured from filing with MEA; sanction is required within three months of receipt, with interest under section 11BB for delay. MEA must forward claims within 30 days or bear interest liability for delays beyond that period.
Enlistment of PSIA as per para 2.55 (d) of HBP 2015-2020
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Pre-Shipment Inspection Agency recognition adds a new authorized PSIA to issue PSICs subject to equipment and compliance.
M/s Hamilton Steel Logistics Inc is notified as a Pre-Shipment Inspection Agency authorized to issue Pre-Shipment Inspection Certificates under the Foreign Trade Policy provision, subject to the annexed list of approved and calibrated spectrometers and radiation survey meters. The Directorate may curtail the agency's validity; the agency must update membership certificates with industry bodies and its contact details within the prescribed period, and PSIC issuance is contingent on the listed equipment and calibration documentation.
Re-constitution of Committee for RODTEP
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RODTEP: Committee to set ceiling rates for AA/EoU/SEZ exports and request certified product-wise tax incidence data.
A Government-appointed Committee will determine ceiling RODTEP rates for AA/EoU/SEZ exports and produce a supplementary report limited to correcting apparent errors or anomalies. The Committee must engage stakeholders, compute central/state/local duty and tax incidence (including prior-stage cumulative indirect taxes and distribution-related embedded taxes), decide methodology, hold consultations and field visits, and furnish calculations and worksheets. Export councils and industry associations are required to submit certified, product-wise data for 01.10.2019-31.03.2020 in prescribed proformas, with documentary support, within prescribed short timelines.
Master Circular - Guarantees and Co-acceptances
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Bank guarantees: issuance, monitoring and prompt honouring required under RBI prudential and compliance safeguards.
Consolidates RBI instructions on issuance, monitoring and honouring of bank guarantees and co acceptances: banks should prioritise financial guarantees, limit maturities (normally ten years), adopt Board approved policies for non constituent non fund facilities with full KYC/AML and credit appraisal, impose internal controls (dual signatures, reporting, periodic reviews), avoid large unsecured guarantees and guarantees enabling placement of funds with NBFCs, ensure prompt payment of invoked guarantees unless court restrained, and follow specific safeguards for export guarantees, overseas JV/WOS exposures, co acceptances and letters of credit while complying with FEMA and prudential norms.
Write-off of debt securities held by FPIs who intend to surrender their registration
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Write-off of debt securities permitted for FPIs surrendering registration, allowing removal of unsaleable holdings from beneficiary accounts.
Permission is granted for Foreign Portfolio Investors who intend to surrender their registration to write-off debt securities in their beneficiary accounts that they are unable to sell; this extends the prior permission for write-off of shares and modifies Paragraph 17 of Part C of the earlier circular. Custodians are required to inform their FPI clients, and the circular is issued under the regulator's statutory powers.
Investment by Foreign Portfolio Investors (FPIs) in Debt – Review
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FPI investment in debt now permitted for InvITs and REITs under specified frameworks, subject to applicable limits and conditions.
Permission is granted for Foreign Portfolio Investors to acquire debt securities issued by Infrastructure Investment Trusts and Real Estate Investment Trusts under the Medium Term Framework or the Voluntary Retention Route; such investments will be reckoned within applicable FPI debt limits and subject to the terms and conditions of those routes following amendments to the Foreign Exchange Management (Debt Instruments) Regulations.
Proper officer functions - scrutiny, assessment, detention, seizure, release and refund
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Adjudication jurisdiction reallocation assigns tax notices and assessments to officers by pecuniary responsibility, restoring audit and intelligence roles.
The Commissioner assigns specific proper officer functions among tax cadres and permits exercise of powers over subordinates; Assistant State Tax Officers are tasked with risk based monthly return scrutiny and technical verification. Notices from Intelligence and Audit wings are to be transferred to jurisdictional assessment verticals for adjudication, with annual return scrutiny remaining with Audit. Adjudication of tax demands is reallocated by pecuniary jurisdiction so senior officers handle higher value cases; refund processing must be time bound with pre audit limited to arithmetic checks and legal issues addressed in post audit.
Return and related particulars furnished by registered person — Scrutiny by Proper Officer — Instructions/ Guidelines
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Return scrutiny risk parameters guide officers to archive or pursue enquiry and issue notices under ITC and outward-supply rules.
Circular prescribes uniform procedures for scrutiny of returns by flagging specific back-office risk parameters and detailing actions: archive cases lacking ASMT-10 where only certain parameters appear; seek replies via Form GST ASMT-11 or Part B of DRC-01A if notices are pending; issue nil-demand orders when Show Cause Notices are unquantified and defects require detailed enquiry. It sets substantive rules for ITC-related discrepancies (2A-3B and GSTR-9 Table 8D), temporal limits for ITC availment under Section 16(4), capital goods reversal under Rule 43, and verification steps for outward-supply mismatches, E Way Bill comparisons, and turnover versus TDS/TCS reconciliations.
Clarifications regarding applicable GST rates & exemptions on certain services
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GST classification of services clarified: rates, exemptions and export treatment for designated service categories clarified.
Services by cloud kitchens/central kitchens are classified as restaurant service and attract a reduced GST rate without ITC; ice cream parlors selling pre manufactured ice cream are supplies of goods and attract the standard GST rate; free coaching under the central scholarships scheme where total expenditure is borne by Government is exempt under the specified notification entry; satellite launch services by the government company to foreign customers constitute export of service and are zero rated where Place of Supply is outside India.
Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 45th meeting held on 17th September, 2021 at Lucknow.
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GST classification and rates clarified across goods categories, defining tax treatment for seeds, copra, henna, reagents.
Clarification of GST classification and rates: fresh fruits and nuts are exempt only when unprocessed and not dried or frozen; seeds are classifiable as sowing seeds but attract concessional tax when used otherwise; copra is excluded from coconut exemption and attracts concessional tax; pure henna powder and leaves without additives attract concessional tax; processed betel and coated cardamom attract higher tax; residues from brewing and distilling attract concessional tax; all pharmaceutical goods covered by the chapter note attract the concessional pharmaceutical rate; all laboratory reagents fall under the concessional reagents rate; procedural clarifications on essentiality certificates, separate treatment for UPS and batteries, deemed valuation for renewable projects, and uniform higher rate for fibre drums.
Clarification in respect of refund of tax specified in section 77(1) of the WBGST Act and section 19(1) of the IGST Act.
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Refund of wrongfully paid tax: claims allowed when supply classification is revised and correct tax paid within time.
The term "subsequently held" covers both taxpayer self reclassification and tax authority determinations; refunds for tax paid under an incorrect head may be claimed if the taxpayer pays the correct tax and files electronically within two years from payment under the correct head, or, for payments made before the rule's commencement, within two years from the rule's effective date; the rule applies to both State and integrated tax provisions, governs pending applications, and excludes cases where adjustment was made by issuance of a credit note.
Common and Simplified Norms for processing investor’s service request by RTAs and norms for furnishing PAN, KYC details and Nomination
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Mandatory PAN and KYC compliance for physical securities triggers folio freezing until required details are furnished and verified.
SEBI mandates common simplified norms for RTAs to process PAN, KYC, nomination and other physical securities service requests: accept ISR forms, allow self attested or e signed submissions, perform IPV, avoid notarisation/indemnity unless statutory, validate PAN via authorized bulk verification, update KYC across folios on holder authorization, and complete requests within seven working days. Failure to furnish PAN, KYC or nomination by the prescribed cut off will result in folio freezing with restricted services and electronic only payments until compliance or dematerialisation.
Last date for filing claim at the Online IT module for Scrip based Schemes - MEIS/SEIS/ROSL/ROSCTL
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Deadline for online claims under scrip-based schemes: applications must be filed by the specified last date or be time-barred.
DGFT sets 31st December 2021 as the final deadline for online submission of applications under MEIS, SEIS, RoSL and RoSCTL; after that date the Online IT system will be non operational, no late cut filings will be permitted, and unsubmitted applications will be time barred. Exporters and trade bodies are urged to file claims online within the stipulated timeline to enable timely issuance of duty credit scrips by DGFT regional authorities.
Clarifications regarding applicable GST rates & exemptions on certain services
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GST classification of services clarified: multiple categories assigned specific rates, exemptions, and export treatment.
Cloud kitchens/central kitchens are covered by restaurant service and attract 5% GST without ITC. Ice cream parlors selling already manufactured ice cream are supplies of goods and attract 18% GST. Government funded coaching under the Scholarships for Students with Disabilities scheme is exempt where total expenditure is borne by Government. Satellite launch services to foreign recipients qualify as export of service and are zero rated; overloading charges at toll plazas receive toll exemption treatment. Renting/giving on hire to STUs/local authorities is included within the exemption. Grant of mineral exploration and mining rights is classified under service code 997337 and was taxable at 18% for the disputed period. Admissions: casino/race club/sporting events attract the higher entertainment rate; other amusement parks attract the amusement rate. Job work for manufacture of alcoholic liquor is excluded from the 5% job work concession and taxed at 18%.
Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council
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GST classification: specified goods reclassified with revised rates and valuation impacts following council recommendations.
Clarification prescribes GST classification and rates: fresh fruits/nuts exempt if not frozen or dried; dried fruits/nuts taxed at applicable rates; tamarind and other seeds attract concessional rate when not for sowing; copra is excluded from coconut exemption and taxed at copra rate; pure henna products attract concessional rate; value added supari and flavored cardamom attract higher prepared food rate; residues like BSG and DDGS are taxed at concessional residue rate; all pharmaceutical goods in the pharmaceutical chapter and all laboratory reagents attract the prescribed concessional rates; original DGH essentiality certificates suffice for intra company stock transfers; UPS and external batteries sold together are taxed separately; renewable project supplies may be valued on a 70:30 goods/services basis for the earlier period without refunds; fibre drums subject to uniform rate with transitional regularisation.
Guidelines for disallowing debit of electronic credit ledger under Rule 86A of the CGST Rules, 2017
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Disallowing debit of electronic credit ledger restricts use of suspect input tax credit pending objective verification and restoration.
Rule 86A authorises a Commissioner or an authorised officer to disallow debit of amounts from the electronic credit ledger where there are reasons to believe input tax credit has been fraudulently availed or is ineligible based on specified grounds (non existent suppliers, non receipt of goods or services, unpaid tax, claimant non existence, or absence of prescribed documents). The officer must record reasons in writing, ensure the withheld amount does not exceed the prima facie ineligible credit, notify the registered person on the portal, and may later restore debit if satisfied that disallowance conditions no longer exist; restrictions lapse after one year.
Amendment in Appendix 2T (List of Export Promotion Councils/Commodity Boards/ Export Development Authorities) of Foreign Trade Policy 2015-2020.
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Amendment to Appendix 2T: Address update and denotification of exhibition cell take immediate effect under Foreign Trade Policy
Amendment to Appendix 2T of the Foreign Trade Policy updates the address and contact details for the listed leather export council entry and denotifies the exhibition cell of the gem and jewellery export promotion council, with both changes stated to take immediate effect.

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Scheme for Remission of Duties and Taxes on Exported Products (RoDTEP) w.e.f. 01.01.2021.

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RoDTEP duty credits remit unrebated export levies through transferable e-scrips, subject to export-proceeds realization and customs-duty use.
RoDTEP remits unrebated duties, taxes and levies on specified exports through transferable electronic duty credits. Exporters must claim through an ... Summary

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Acts Income Tax