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Circulars
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Amendment to Master Circular for Infrastructure Investment Trusts (InvITs) dated May 15, 2024 - Review of statement of investor complaints and timeline for disclosure of statement of deviation(s)
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InvITs: investor complaint statements to be reviewed quarterly; deviation statements filed with financial results.
The Trustee and the Board/Governing Body of the Investment Manager shall ensure timely redress of investor complaints and shall place the investor complaints statement before them quarterly for review. Statements of deviation in use of issue proceeds must continue until full utilisation or achievement of purpose, be placed before the Trustee and Board/Governing Body for review, and be submitted to the stock exchanges along with the submission of financial results. These amendments are effective immediately.
Amendments of para 4.49(g) under Chapter 4 of the Handbook of Procedures, 2023, to reduce Compliance Burden and enhance Ease of doing Business
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Waiver of destruction certificate: shipping bills accepted and re export rules relaxed, duty and interest remain payable.
Paragraph 4.49(g)(i) and (ii) now permit submission of all types of shipping bills in lieu of a destruction certificate and remove the requirement to re export unutilised duty free imported drugs to the same supplier; exports after the Export Obligation period that match the Advance Authorisation's description can substitute for a destruction certificate but do not waive liability for applicable customs duty and interest on the unutilised quantity.
Cybersecurity and Cyber Resilience Framework (CSCRF) for SEBI Regulated Entities (REs)
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Cybersecurity and Cyber Resilience Framework for SEBI entities mandates SOC monitoring, VAPT, audits, CCI and incident reporting timelines.
The CSCRF is a standards based, graded cybersecurity and resiliency regime for SEBI Regulated Entities requiring category specific controls: governance, SOC based continuous monitoring (own/group/third party or Market SOC), mandatory ISO 27001 for MIIs and Qualified REs, structured VAPT and cyber audits by CERT In empanelled auditors with standard formats and timelines, Cyber Capability Index assessments, and mandatory incident reporting (6 hour/24 hour thresholds), RCA, forensic investigation and closure procedures-all to be implemented per the prescribed glide path and reported to the designated authorities.
Standardizing the process of filing application under section 10(46A) of the Income-tax Act, 1961
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Exemption for statutory bodies: standardized application process requires prescribed checklist and submission to jurisdictional tax commissioner and CBDT.
Standardizes the administrative procedure for notification under clause (46A) of section 10 by requiring applicants-bodies, authorities, boards, trusts or commissions constituted by or under Central or State Acts-to file applications and all enclosures with the jurisdictional Principal Commissioner/Commissioner or Principal Director/Director of Income-tax and forward an acknowledged copy to the Under Secretary (ITA-I), CBDT, using the prescribed Annexure A checklist. Annexure A specifies identity, legal status, parent Act citation, authorized and actual activities mapped to the clause's purposes, prior approvals or rejections under related provisions, registration status, and three years' financial and tax records, including activity-wise revenue if multiple activities exist.
Order related to rollout of SGST reimbursement Scheme
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SGST reimbursement applications must now be filed online through the prescribed portal for eligible industrial units.
Online filing is mandated for applications for grant of entitlement certificate and claim of SGST reimbursement under the Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017 and the Assam Industries (SGST Reimbursement for Eligible Units) Scheme, 2021. Eligible units must submit all such applications through the Department's portal from 21 August 2024, and offline applications will not be accepted.
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 for insurers clarified: ITC available for reimbursed motor vehicle repair costs where insurer is recipient.
Where repair invoices are issued in the insurer's name and the insurer bears the approved repair liability by reimbursing the insured, the insurer qualifies as the recipient of the repair service for the approved claim cost and may avail Input Tax Credit; where invoices include amounts in excess of approved claim cost, ITC is limited to the invoice/to the extent reimbursed for approved claim cost, and invoices not in the insurer's name do not permit ITC.
Use of ICETABs for efficient examination and clearance process
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Use of ICETAB for customs examination enables real time exam reports and image capture, with local review and connectivity obligations.
CBIC mandates use of ICETAB tablets for customs examination: officers must access RMS instructions, Examination Orders and Bill of Entry details on the device, capture up to four images of cargo for integration with e Sanchit, and upload the examination report immediately. DG Systems will issue detailed advisory; exceptions where upload is not possible require prior Assistant Commissioner permission recorded in the report. Principal Commissioners/Commissioners must review weekly, resolve technical issues with DG Systems, ensure network connectivity, and publicize the change.
Clarification on taxability of salvage/wreck value earmarked in the claim assessment of the damage caused to the motor vehicle
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Salvage value taxability clarified: insurers owe GST only when salvage becomes insurer property after full claim settlement.
GST liability on salvage arises only when salvage vests in the insurance company. If claim settlement deducts salvage as a pre agreed deductible and ownership remains with the insured, the insurer has no GST liability on that deducted salvage. If the insurer settles full IDV without deducting salvage so that salvage becomes insurer property, the insurer must discharge GST on disposal/sale of the salvage.
Clarification on the requirement of reversal of input tax credit in respect of the portion of the premium for life insurance policies which is not included in taxable value
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Reversal of input tax credit: premium portion excluded from taxable value is not treated as exempt, so no reversal required.
Clarification: the portion of life insurance premium excluded from taxable value under the valuation methodology for life insurance is not a separately exempt or non taxable supply; therefore, reversal provisions applicable where inputs are used for exempt supplies do not require reversal of input tax credit in respect of that excluded premium component.
Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company
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Taxability of employee stock awards: cost-to-cost reimbursements are not subject to GST; facilitation fees are taxable on reverse charge.
Transfer of securities by a foreign holding company to employees of an Indian subsidiary as ESOP/ESPP/RSU, with the domestic subsidiary reimbursing purely the market cost on a cost-to-cost basis, is not a supply of goods or services and does not amount to import of services subject to GST; however, any additional fee, markup, or commission charged by the foreign holding company constitutes consideration for a taxable facilitation service, attracting GST payable by the domestic subsidiary on reverse charge.
Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the CGST Act, 2017 by the suppliers
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Reversal of Input Tax Credit: suppliers may rely on CA/CMA certificates or recipient undertakings to evidence compliance.
Post supply discounts via tax credit notes may be excluded from taxable value only if the recipient has proportionately reversed the ITC; until portal verification exists, suppliers should obtain a CA/CMA certificate with UDIN (or, below the specified tax threshold, a recipient undertaking) listing credit note and invoice details, ITC reversal amounts and DRC 03/return or other evidence-such certificates/undertakings are admissible proof under section 15(3)(b)(ii) and must be produced to tax authorities when required.
Guidelines for borrowing by Category I and Category II AIFs and maximum permissible limit for extension of tenure by LVFs
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Borrowing restrictions for Category I and II AIFs permit limited short-term drawdown financing with investor-cost allocation and disclosure.
SEBI permits Category I and II AIFs to borrow only for temporary operational needs and, additionally, to cover shortfalls in investor drawdowns for imminent investments as an emergency measure, subject to disclosure in the PPM, exhaustion of efforts to obtain the drawdown, borrowing caps tied to the investment amount/investable funds/other undrawn commitments (whichever is lower), charging borrowing costs solely to defaulting investor(s), prohibition on using this flexibility to vary drawdown timelines, periodic investor disclosure of terms and repayments, and a thirty-day cooling-off between permissible borrowings measured from repayment.
Modalities for migration of Venture Capital Funds registered under erstwhile SEBI (Venture Capital Funds) Regulations, 1996 to SEBI (Alternative Investment Funds) Regulations, 2012
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Migration of Venture Capital Funds to AIF Regulations enables time bound transfer with tenure treatment and a one time liquidation extension.
SEBI provides a time bound procedure for VCFs to migrate to AIF Regulations as Migrated Venture Capital Funds, requiring submission of the original VCF registration certificate and prescribed information; migration is available until July 19, 2025, with tenure of schemes preserved as per PPM or fixed with 75% investor approval where no definite tenure exists, and a one time additional liquidation period available for schemes whose liquidation period has expired, subject to absence of pending investor complaints and compliance with applicable AIF provisions and reporting requirements detailed in Annexures I and II.
Launch of Revamped Non-Preferential Certificate of Origin (eCoO) 2.0 System
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Certificate of Origin system upgrade: new eCoO platform operational, migration timelines and onboarding requirements for issuers.
Launch of Non-Preferential Certificate of Origin (eCoO) 2.0 establishes a revamped platform with multi-user IEC access, Aadhaar e-sign options, integrated dashboard and e-wallet. Issuing agencies must onboard, appoint Administrators and Officers, upload stamps and signature images (background removed), register digital signature tokens, and map officers to regional offices. Legacy eCoO 1.0 will complete pending applications while new non-preferential filings move to eCoO 2.0; preferential CoO remains on legacy system until rollover. DGFT website credentials will sync with eCoO 2.0. Wallet balances migration will occur later; support materials and helpdesk are provided.
API Integration and Bulk Upload Facility for Self-Certification of eBRC
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eBRC API integration enables exporters to certify electronic BRCs via ERP linkage and bulk uploads.
The DGFT requires exporters to self-certify eBRCs by reconciling bank-provided IRMs with invoice or Shipping Bill details on the DGFT portal. It introduces a bulk upload spreadsheet template for concurrent certification of multiple eBRCs and an API integration to link exporter ERP/accounting systems with the eBRC system for near-real-time retrieval of IRM/ORM data and eBRC request/verification. API use requires online registration authenticated to the IEC holder and places responsibility on exporters for managing API consumer access; compliance must follow DGFT eBRC generation rules and data validation requirements.
Streamlining the procedure of processing of Drawback claims under Section 74 of the Customs Act, 1962 - Reg.
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Drawback claim procedure streamlined: specified documents, deficiency memos, registration and acknowledgment upon compliance.
Prescribes a streamlined procedure for processing drawback claims: mandatory documentary requirements, logging and acknowledgement on receipt, electronic scanning and forwarding to the Drawback Examiner, primary scrutiny for completeness, issuance of a Deficiency Memo and return of incomplete claims within fifteen days, treatment of unremedied deficiencies as claims not filed, registration and issuance of an acknowledgement slip on compliance, and requirement for NOC from original importing customs house where applicable.
Applying para 2(g) of Instruction No. 01/2023-24-GST (Inv.) dt. 30-3-2024 in Audit matters
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Referral to policy wing required where audit reveals competing GST interpretations to promote uniformity and reduce litigation.
When an audit discovers issues with competing statutory interpretations that have generated a prevalent trade practice and may result in proposed non-payment or short payment of tax, the zonal Principal Chief Commissioner must refer a self-contained note to the Board's policy wing (GST Policy/TRU) before concluding the investigation, making the reference as early as feasible and prior to the earliest due date for issuing a show cause notice, to promote uniformity and reduce litigation; this procedure applies to ongoing audits.
Changes in the delegation of powers for approval of authorizations under SCOMET - Amendment in the Para 10.06 of Handbook of Procedure 2023
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Delegation of approval powers allows senior nominated officers to issue SCOMET authorizations when agencies concur, subject to ex post facto IMWG review.
Amendment permits issuance of SCOMET authorizations, in cases deferred by IMWG where all agencies submit concordant comments/views/NOCs, with approval of the Chairman or an officer nominated by the Chairman/DGFT (not below the rank of Deputy Director General of Foreign Trade/Under Secretary), subject to bringing such cases before IMWG subsequently for approval on an ex post facto basis.
Guidelines for Second special All-India Drive against fake registrations and subsequent periodical reporting
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Fake GST registrations drive targets suspicious GSTINs through verification, credit blocking, cross-jurisdictional action, and weekly reporting.
Second special All-India drive is directed against suspicious and fake GST registrations through coordinated verification, enforcement, and reporting by Central and State tax administrations. GSTN and DGARM are to identify high-risk GSTINs, while field formations are to verify them, suspend and cancel fictitious registrations, consider blocking input tax credit, trace recipients, and initiate demand, recovery, or cross-jurisdictional action through the nodal officer and 'Initiate Enquiry' mechanism. Weekly reports, final feedback, and monitoring arrangements are prescribed.
Manner of penalty calculation under IGST Act, 2017 for the show cause notices issued under section 73(1)/74(1) of the KSGST Act, 2017 read with section 20 of the IGST Act, 2017 - clarifications issued
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Penalty calculation under IGST Act: ten percent of combined tax, computed by summing CGST and SGST penalty amounts.
The fourth proviso to the IGST Act mandates that the penalty for integrated tax is the sum total of the monetary penalties leviable under the CGST and SGST Acts; therefore IGST penalty is computed by adding the penalty amounts determined under each Act (not by adding penalty rates), resulting, for example, in a ten per cent penalty on the combined tax amount where CGST and SGST each attract ten per cent penalties.

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Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the TNGST Act, 2017 by the suppliers

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Post-supply discount compliance requires recipient input tax credit reversal evidence through certified documentation or recipient undertaking where permitted.
Post-supply discounts issued through tax credit notes may be excluded from taxable value only if the recipient reverses input tax credit attributable to ... Summary

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Acts Income Tax