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Clarification on the definition of 'Special Economic Zone in an existing port or airport'
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SEZ in a port or airport permits multi sector manufacture and services, allowing units for trading and warehousing.
The circular clarifies that a Special Economic Zone in a port or airport is defined to permit manufacture of goods falling in two or more sectors, trading, warehousing and rendering of services; therefore units may be set up for multi sector manufacturing as well as trading, warehousing and services. It also reiterates procedural requirements for SEZ establishment, including proposal submission, state forwarding with compliance to rule 5, and Board approval subject to minimum area and conditions.
Finance Bill, 2017. To prescribe effective rates of duty and to carry out changes in the Rules made under the respective Acts
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Customs and excise duty revisions impose immediate rate changes and conditional concessions affecting imports, exports and EOUs.
Finance Bill, 2017 changes and accompanying notifications revise customs and central excise duties, impose selected export duty, grant time-limited concessional rates and exemptions (often subject to actual user condition), and make several increases effective immediately under the Provisional Collection of Taxes Act, 1931. The measures include targeted BCD adjustments, excise increases on tobacco products and specified retrospective excise amendments, procedural obligations for manifests and filing, clarifications on EOU entitlement to concessional rates, and structural amendments to advance-ruling mechanisms and tariff classifications.
Finance Bill, 2017. To prescribe effective rates of duty and to carry out changes in the Rules made under the respective Acts.
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Customs and excise duty amendments revise tariff rates, exemptions, and procedural obligations affecting imports, exports and concessions.
Finance Bill, 2017 prescribes revised rates and notification amendments for customs and central excise, effecting immediate changes under declaration of the Provisional Collection of Taxes Act, 1931 for specified clauses, introducing new export duty on certain aluminium ores, altering Basic Customs Duty and Basic Excise Duty across specified tariff headings, imposing and withdrawing targeted exemptions subject to actual user condition, and enacting legislative and procedural changes including transfer of advance ruling authority, passenger name record obligations, timelines for bills of entry and regulatory empowerment for notifications and rules.
Closure of submission of Bills of Entry in and stopping of Section 48 approvals on account of Union Budget, 2017-18
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ICES downtime for budget updates: Bill of Entry filing and Section 48 approvals temporarily suspended, shipping bills unchanged.
ICES directory updates after the Budget will require temporary suspension of Bill of Entry submission and later stoppage of Section 48 approvals while other system functions remain available; system tickers will announce resumption. Shipping Bill filing and processing continue uninterrupted; officers must monitor recently filed Shipping Bills for announced export duty or cess changes and collect duties manually until directories are updated, and must track prior-filed Bills of Entry for any change in duty liability before granting out-of-charge clearance.
Clarification on the issue of process of achieving NFE by FTWZ units
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NFE calculation: warehousing on behalf of foreign supplier excludes goods' value, purchased-and-sold goods are included.
Where an FTWZ unit holds goods in an SEZ warehouse on behalf of a foreign supplier as a warehousing service, the value of those goods is excluded from the NFE calculation under the SEZ Rules provision for rendering services. Conversely, where the FTWZ unit purchases and sells goods, the value of goods held in the SEZ warehouse is included in the NFE calculation under the SEZ Rules provision applicable to sale of goods by units.
Procedure for Manual “Let Export Order” in case of prolonged system issues.
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Manual Let Export Order procedures permit manual clearance during prolonged system outages to prevent cargo missing scheduled sailings.
Procedure allows officers to grant Manual Let Export Order when electronic processing of shipping bills is delayed by system issues, subject to scrutiny of checklist and supporting documents, and requires maintenance of a "Manual LEO due to System Issues" register with specified fields (including screenshot evidence, LEO timing, shipping bill and exporter details, post-restoration system entry and RMS facilitation status); affected shipping bills must be entered into the system after restoration and monthly reports sent to ADC/JC EDI for cross-verification.
Procedure for DPD clients filing warehouse Bills of Entry and taking delivery of goods from Terminals to Bonded Warehouse without going to CFS- reg.
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Direct Port Delivery procedures let DPD importers transfer goods from terminals to bonded warehouses bypassing CFSs.
Procedure allows Direct Port Delivery clients to file advance warehouse Bills of Entry and take delivery of goods from port terminals directly to Customs Bonded Warehouses without passing through CFSs. Importers must obtain a space certificate from the bonded warehouse, complete bond formalities at the Bond Section, and obtain Out of Charge and forwarding of the into-bond Bill of Entry from the RMS/DPD Facilitation Centre or any CFS. Transport to deposit goods in the bonded warehouse may be arranged by importer, CFS, terminal or warehouse, after which importers may complete PGA NOCs, MRP labelling and similar compliances.
Jurisdiction of Re-organized Field Formations in Chennai Customs Zone
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Jurisdiction of Air Cargo Commissionerate expanded to cover import and export cargo at Chennai Airport, bonded warehouses and SEZ.
Chennai VII - Air Cargo Commissionerate is assigned jurisdiction to handle import and export cargo through Chennai Airport, the bonded warehouses attached thereto and facilities within the Chennai Special Economic Zone, excluding matters that fall within the jurisdiction of Chennai I (Airport) Commissionerate. The amendment to Annexure A takes effect from 31.01.2017 and remains in force until further orders within the Chennai Customs Zone.
Amendments in Product Description in MEIS Schedule- Table 2 of Appendix 3B.
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Product description corrections align MEIS Schedule classifications with ITC(HS), clarifying covered goods and retroactive applicability.
Amendments correct specific product descriptions in the MEIS Schedule (Table 2 of Appendix 3B) to align nomenclature with the ITC (HS), replacing inaccurate or abbreviated descriptions for designated ITC(HS) tariff lines. The corrections are declared effective from 01.04.2015 and the MEIS Schedules are to be read with the corrected product descriptions to ensure consistency with ITC (HS) classifications.
Introduction of new RBI-BRC Module for monitoring of realization of Export proceeds for shipping bills with LEO dates from 01.04.2014 onwards-reg.
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RBI BRC module requires electronic monitoring of export proceeds; manual BRC statements will no longer be accepted for affected shipments.
The BRC Section of Drawback Cell, JNCH (NS-II) will monitor realization of export proceeds using the new RBI-BRC Module (RBI MIS/EDPMS) for EDI shipping bills with LEO dates on or after 01.04.2014 and will stop accepting six-monthly manual negative statements or BRC certificates; exporters must check BRC integration via ICEGATE or coordinate with their authorized dealer banks to transmit data to the RBI portal.
Launch of Indian Customs EDI System- (ICES 1.5) for Imports and Exports, at BHAVNAGAR PORT (INBHUI), BHAVNAGAR - reg.
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Launch postponement of customs EDI system delays computerized processing of import and export declarations until further notice.
The scheduled commencement of computerized processing of Bill of Entry and Shipping Bills under the Indian Customs EDI System (ICES 1.5) at Bhavnagar Port has been postponed due to technical reasons; importers, exporters, customs brokers and other trade stakeholders are notified to await further instructions.
Procedures for Exchange Listing Control Mechanism
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Exchange listing control mechanisms require internal monitoring, oversight committee review, and independent conflict resolution appeal.
The listing exchange's Listing Department shall monitor compliance of a listed exchange; the listing exchange's Independent Oversight Committee provides second level review and hears appeals against Listing Department decisions; an independent Conflict Resolution Committee (CRC) provides third level oversight and receives appeals from the listed exchange. This framework mandates monitoring, oversight and an appeal pathway to address conflicts of interest and ensure listing compliance under the regulator's statutory powers to protect investors and regulate the securities market.
Empanelment of Chartered Engineers for Valuation of Second Hand Machinery/Goods in the Office of the Commissioner of Customs, Mangalore
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Empanelment of chartered engineers for valuation of second hand machinery; professional charges set and periodic reporting required.
Empanelment of chartered engineers for valuation of second hand machinery and other goods is effective immediately for a one year validity; the notice lists named firms and individuals, requires valuation reports in the prescribed format (including Form B where applicable), mandates half yearly self appraisal reports for empanelled engineers, permits use of DGFT notified agencies for inspection/appraisement, and prescribes the professional charges payable by the importer including a charging formula and an upper fee ceiling.
Clarifications on implementation of GAAR provisions under the Income Tax Act, 1961
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General Anti-Avoidance Rule applicability clarified: scope, safeguards, grandfathering, treaty interplay and procedural checks for taxpayers.
GAAR applies alongside SAAR and treaty anti abuse rules, guided by the main purpose test under section 96; treaty LOB can preclude GAAR where avoidance is addressed. Grandfathering protects pre 1 April 2017 investments in specified convertible instruments and related bonus/split shares, but excludes standalone leases and loans. Advance Rulings and court sanctioned arrangements preclude GAAR. Invocation requires Principal Commissioner/Commissioner vetting and an Approving Panel review; GAAR disregards covered arrangements, assesses Indian jurisdictional tax benefit per assessment year, does not mandate cross taxpayer corresponding adjustments, and offers no blanket penalty exemption.
Filing of online return for 3rd quarter of 2016-17 — extension of period thereof
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Extension of filing deadline for third-quarter VAT returns; online filing allowed and digital-signature filers need not submit hard copy.
The Commissioner, under Rule 49A, extends the last date for filing third-quarter online or hard-copy VAT returns in Forms DVAT-16, DVAT-17 and DVAT-48 to 13/02/2017; tax payment obligations remain unchanged and dealers filing with digital signatures need not submit the hard copy/Form DVAT-56.
Prohibition on Indian Party from making direct investment in countries identified by the Financial Action Task Force (FATF) as “Non Co-operative countries and territories”
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Prohibition on direct overseas investment bars investments into FATF non-cooperative jurisdictions, with banks required to notify clients under FEMA.
Indian parties are prohibited from making direct overseas investments-whether as joint ventures, wholly owned subsidiaries, or step down subsidiaries-in jurisdictions identified by the FATF as non co operative countries and territories, as per the FATF list or RBI notification; this prohibition is implemented by amendment to the FEMA notification, Authorised Dealer Category I banks must inform constituents, and Master Directions will be updated, with the directions issued under FEMA without prejudice to other statutory permissions.
Dedicated structure for delivery and monitoring of Tax Payer Services in the Income Tax Department
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Taxpayer services vertical established: two directorates for grievance oversight and e-service delivery with field accountability.
A centralised order creates a dedicated Tax Payer Services vertical in the CBDT by re-designating Member (Revenue) as Member (Revenue and Tax Payer Services) and Principal DGIT (Administration) to include Tax Payer Services, and by establishing two headquarters Directorates-TPS-I and TPS-II-responsible respectively for grievance oversight, Aayakar Seva Kendra supervision, reporting and Citizens' Charter review, and for education, delivery and grievance handling of e-services, coordination with Systems/CPC units, feedback for digital services, and quarterly reporting; field-level officers are re-designated to ensure time-bound delivery and escalation.
Corrigendum to Circular No. 1/2017 dated 02.01.2017 on TDS under section 192 of Income-tax Act, 1961
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TDS compliance deadlines updated: filing schedule for Form 24Q and retention and withholding provisions amended.
Corrigendum amends the Circular on TDS under Section 192 by changing the retention period in para 3.6.1 clause (a) from three years to five years, revising the Table in para 4.9.1 to set quarterly Form 24Q due dates (31 July, 31 October, 31 January, 31 May of the following financial year) with a reference to a prior notification, and increasing the monetary figure in para 5.5.10 clause (d) to a higher specified amount.
Transfer of unlisted shares by SEBI registered Category I & Il Alternative Investment Funds- directions
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Taxation of unlisted share transfers: transfers by SEBI-registered Category I and II AIFs taxed as capital gains despite control exception.
Income from transfer of unlisted shares shall be treated as Capital Gains irrespective of holding period. The exception for transfers involving transfer of control and management of the underlying business will not apply to transfers made by SEBI-registered Category I and Category II Alternative Investment Funds; such transfers by these AIFs are to be taxed as capital gains and this clarification is to be applied by tax officers for compliance.
Guiding Principles for determination of Place of Effective Management (POEM) of a Company
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Place of Effective Management governs corporate residence; active business abroad and real control determine tax residency.
The Place of Effective Management (POEM) defines corporate residence by locating where key management and commercial decisions are substantially made. Companies engaged in active business outside India satisfy a multi-limb test on passive income, asset location, employee distribution and payroll; if satisfied and majority board meetings occur abroad, POEM is presumed outside India unless management powers are exercised from India. Where the active-business test fails, POEM is determined by identifying who actually makes key decisions and where those decisions are made, with emphasis on substance over form and consideration of head office, delegation, technology, and shareholder influence.

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