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Circulars
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Performance/return claimed by unregulated platforms offering algorithmic strategies for trading
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Algorithmic trading marketing restrictions: brokers prohibited from citing past or expected returns, must remove claims and report compliance.
Stock brokers providing algorithmic trading services shall not directly or indirectly refer to past or expected future return/performance of an algorithm or associate with platforms that do; brokers using or associated with such references must remove them or disassociate within seven days. Stock exchanges must put in place procedures, amend bye laws, notify brokers, monitor compliance with these prohibitions and submit a compliance report to SEBI within sixty days. The measures are effective immediately and non compliance may invite regulatory enforcement to protect investor interests.
Extension of period for completion of Audit as per the proviso to subsection (4) of section 65 of the WBGST Act, 2017 for the period starting on or after 1st day of July, 2017 and ending on or before 31st day of March, 2018 in case of Youthstar Vanijya Private Limited bearing GSTIN 19AAACY4812D1ZH.
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Audit extension under proviso to GST audit provision after seized documents and delayed investigation, further time granted.
Extension of time for completion of statutory audit under the proviso to subsection (4) of section 65 of the West Bengal GST Act is granted for Youthstar Vanijya Private Limited for the audit of the period 1 July 2017 to 31 March 2018. Documents of the auditee were seized by an investigative unit and delay in receiving the investigation report prevented completion of the Final Audit Report and opportunity for hearing. The Commissioner, invoking the proviso, extends the audit completion period up to 31 October 2022 or the nine month limit from commencement, whichever is earlier, with immediate effect.
Clarification on various issue pertaining to GST
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Input tax credit treatment clarified: deemed export ITC excluded from standard ITC reckoning and not included in net ITC.
For deemed exports, tax paid is provided to recipients as ITC solely to enable portal refund claims; that ITC is not ITC under Chapter V, not subject to Section 17 restrictions, and is excluded from "Net ITC" for refund calculations. The proviso to clause (b) of sub section (5) of section 17 applies to the whole clause; "leasing" disallowance covers only motor vehicles, vessels and aircraft. Perquisites under employment contracts are not taxable supplies. Electronic credit ledger may discharge output tax but not reverse charge tax, interest, penalty or fees; electronic cash ledger may meet tax and other liabilities.
Mandatory furnishing of correct and proper information of inter-State supplies and amount of ineligible/blocked Input Tax Credit and reversal thereof in return in FORM GSTR-3B and statement in FORM GSTR-1
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Inter state supply reporting: ensure correct place of supply entries and proper ITC reversal reporting to protect tax settlement.
Registered persons must report place of supply wise inter State supplies to unregistered persons, composition taxpayers and UIN holders in Table 3.2 of FORM GSTR 3B and corresponding tables of FORM GSTR 1; amendments in GSTR 1 must be reflected in GSTR 3B. Table 4(A) is auto populated from FORM GSTR 2B but registered persons must identify and report absolute, non reclaimable reversals in Table 4(B)(1) and conditionally reversible reversals in Table 4(B)(2). Net ITC in Table 4(C) equals 4A minus [4B(1)+4B(2)] and only that amount is credited to the Electronic Credit Ledger; ineligible ITC under section 17(5) is to be shown in 4(B).
Withdrawal of Circular No. 78/2019-TNGST (Rc.No.26/2019/A1/P&P) dated 05.07.2019
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Withdrawal of Circular rescinds prior guidance following retrospective omission of rule and aligns state guidance with central circular.
Rule 95A of the Tamil Nadu GST Rules, which provided refunds for inward supplies to outgoing international tourists at airport departure areas, was omitted retrospectively, and consequently the Commissioner has withdrawn Circular No. 78/2019-TNGST ab initio, nullifying the earlier clarifications and aligning state administrative guidance with the central revenue circular and the amended statutory framework.
Prescribing manner of re-credit in electronic credit ledger using Form GST PMT-03A
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Re credit of electronic credit ledger allowed where erroneous refunds are repaid via Form GST DRC 03 and PMT 03A order.
Where a taxpayer deposits an erroneously sanctioned refund, together with applicable interest and penalty, by debiting the electronic cash ledger through Form GST DRC 03, the jurisdictional proper officer shall, on satisfaction of full repayment, re credit an equivalent amount to the taxpayer's electronic credit ledger by passing an order in Form GST PMT 03A. Pending portal automation the taxpayer must submit a written request in the prescribed annexure; the officer should preferably complete re credit within thirty days from receipt of the request or payment, whichever is later.
Clarification on issue of claiming refund under inverted duty structure where the supplier is supplying goods under some concessional notification
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Refund of accumulated ITC allowed where concessional notification lowers output tax rate, subject to exclusions and conditions.
Refund of accumulated input tax credit is allowable where accumulation results because the rate on outward supplies of the same goods is lower than the rate on inputs at the same point in time due to a Government concessional notification, subject to other statutory conditions; refunds remain inapplicable where output supplies are nil-rated or fully exempted or where supplies are specifically excluded by Government notification.
Guidelines for Launching of Prosecution under the CGST Act, 2017
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Prosecution under the CGST Act requires strong evidence, mens rea, and careful sanction before criminal proceedings are launched.
Prosecution under the CGST Act is to be launched only where offences under section 132 are supported by adequate evidence meeting the criminal standard of proof. Prosecution should not rest merely on confirmation of demand in adjudication and should not be initiated in technical disputes or cases based only on interpretative differences. In company cases, proceedings should be confined to persons responsible for day-to-day conduct or those who actively participated in, or connived at, the evasion.
Extension of period for completion of Audit as per the proviso to subsection (4) of section 65 of the WBGST Act, 2017 for the period starting on or after 1st day of July, 2017 and ending on or before 31st day of March, 2018 in cases where audit has commenced till 31st day of May, 2022.
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Extension of audit completion period for specified GST audits blocked by portal glitches; deadline moved to early September.
The Commissioner further extends, under the proviso to subsection (4) of section 65 of the WBGST Act, the time for completion of audit cases for the period 1 July 2017 to 31 March 2018 that commenced on or before 31 May 2022, up to 5 September 2022 or nine months from the date of commencement of each audit, whichever is earlier, citing GSTN BO portal technical glitches; the order is effective immediately.
Instruction regarding inclusion of Bamboo sticks (less than 6mm thickness) in the list of processed items that do not require Plant Quarantine Clearance
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Plant quarantine exemption: bamboo sticks under 6mm excluded from PQ clearance for processed items list.
The Department of Agriculture & Farmers Welfare approved inclusion of bamboo sticks less than 6 mm thickness in the list of processed plant items exempt from Plant Quarantine Clearance; the Ministry of Finance (CBIC) instructed customs and preventive formations to sensitize officers, implement the revised Annexure of exempted processed items, and report any difficulties in operationalising the change to the Board.
Revision of fees applicable for Limited Insolvency Examination and Valuation Examinations
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Examination fee revision raises enrolment cost for Limited Insolvency and Valuation Examinations effective October onwards.
Revision of examination fees increases the per enrolment charge for the Limited Insolvency Examination and Valuation Examinations, payable for each enrolment on or after 1 October 2022; the change applies to all candidates and examination stakeholders and is issued under the statutory regulatory powers of the Insolvency framework and valuation rules.
Circulation of proposed amendment in Category 5B of SCOMET List related to export of Drones/UAVs and General Authorization for Export of Drones/UAVs (GAED) , a SCOMET item for public/Industry comments
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General Authorization for Export of Drones simplifies export controls for short range, light payload UAVs subject to strict end use and reporting conditions.
Proposed amendments exempt from SCOMET Category 5B certain short-range, light-payload unmanned aerial vehicles (excluding software and technology) and introduce a General Authorization for Export of Drones (GAED). GAED requires online application with ANF 2O, technical specifications, signed End-Use Certificates from all supply-chain entities, an undertaking permitting inspections and restricting end-use, and contractual proof of permitted use prior to export. Post-authorization obligations include quarterly notifications, three years of post-shipment reporting, five years of record-keeping, and compliance measures including penalties, suspension or revocation for proliferation, sanctions, or non-compliance.
Amendment in Export Policy of Items under HS Code 1101
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Export prohibition on wheat and meslin flour products now restricts exports except by government permission and quality certification.
Export policy for HS Code 1101 items is amended: Wheat or Meslin Flour and specified wheat-flour products are no longer exempt and their export status is changed from Free to Prohibited. Transitional arrangements under Para 1.05 of the Foreign Trade Policy do not apply. Exports remain possible only by Government of India permission to meet food-security requests of other countries and, where allowed, require Inter-Ministerial Committee approval and Quality Certificate issuance by the Export Inspection Council or its authorized agencies.
Permission for domestic procurement of restricted items (sand and soil) by developers / co-developers / units for infrastructural development / construction activities inside the Special Economic Zones (SEZs)
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Permission for domestic procurement of restricted items enables SEZ developers to source sand and soil domestically subject to compliance.
Supply of sand and soil from the Domestic Tariff Area to SEZ developers or units is treated as export but classified as restricted. BoA historically required prior approval, imposing conditions that items be actually used and environmental and statutory obligations be met. Temporary delegation allowed Development Commissioners to permit such procurement subject to actual use, environmental compliance and post-facto BoA ratification. BoA has now delegated its power to DC to allow DTA supply of sand and soil for construction or infrastructure in SEZs, conditional on actual use and compliance with environmental and statutory obligations.
Amendment in Para 2.107 (TRQ under FTA/CECA) of Handbook of Procedure 2015-2020.
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Trade quota authorisation rules expanded to allow qualified IFSCA notified jewellers to effect TRQ imports via the bullion exchange.
Condition (o) for TRQ authorisations under Tariff Heading 7108 is substituted to require the Importer Exporter Code (IEC) of nominated agencies or qualified jewellers and the GSTIN of the jewellery manufacturer to whom the TRQ is issued; TRQ importers must follow the Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017. TRQ imports of ITC(HS) 71081200 under the India UAE CEPA may be effected through qualified jewellers using the India International Bullion Exchange.
Faceless Assessment – Standard Examination Orders through RMS - Phase 1, Part 1
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System generated examination orders for faceless assessment standardize container and item level inspections and limit discretionary additions.
RMS will centrally generate consolidated, standardized examination orders for each risk selected Bill of Entry, specifying selected containers, designated container areas/parts, percentage or item level instructions, and additional examination directives. Assessing officers may view and, only in exceptional cases with approval, supplement these pre populated orders; shed/examining officers must follow RMS instructions, record any approved deviations in the system, and coordinate with Container Scanning Division instructions where applicable.
Corrigendum to Master Circular for Depositories dated February 05, 2021 on Opening of demat account in case of HUF
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Karta succession in HUF: upon death the new Karta replaces the deceased in the demat beneficial owner account.
The circular mandates that upon the death of a HUF Karta, the deceased Karta's name in the Beneficial Owner account shall be replaced by the new Karta, who shall be the eldest coparcener or a coparcener appointed as Karta by agreement among all coparceners. Depositories must amend bye-laws, effect system changes, publish the circular on their websites and report implementation status in their Monthly Development Report; other provisions of the referenced Master Circular remain unchanged.
Circular for Portfolio Managers
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Limits on related party investments require client consent and disclosure, with rebalancing and credit rating restrictions for portfolio managers
SEBI requires Portfolio Managers to comply with prudential ceilings on direct investments in securities of their associates/related parties, obtain one time prior positive consent from clients (allowing dissent or lower limits), rebalance portfolios within 90 days after passive breaches unless waived by client consent, restrict investments in below investment grade debt/hybrid securities (with narrower exceptions for non discretionary managers), and provide detailed disclosures and updates in periodic reports and the Disclosure Document.
Amendments to guidelines for preferential issue and institutional placement of units by a listed REIT
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Preferential issue pricing for REITs tightened to higher VWAP benchmarks and faster listing or refund remedies.
Post-allotment units must be listed within two working days; if not listed, monies must be refunded through verifiable means within four working days and unpaid amounts become jointly and severally repayable by the REIT, its manager and defaulting officer with specified interest. Pricing for frequently traded units requires application of prescribed volume weighted average price benchmarks, and institutional placements to a capped number of institutional investors must meet the shorter-term VWAP floor. Preferential allotment is barred to persons who sold units during the pre-relevant-date period, with a specific exception for consideration in asset acquisitions.
Amendments to guidelines for preferential issue and institutional placement of units by a listed InvIT
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Preferential issue pricing for InvITs now tied to VWAP benchmarks and stricter listing and refund liabilities.
The circular amends preferential issue and institutional placement rules for listed InvITs: units must be listed within two working days post-allotment or monies refunded within four working days with joint and several liability for repayment and interest; pricing for preferential issues is tied to volume-weighted average price benchmarks for frequently traded units and for limited institutional placements; definitions of relevant date, relevant stock exchange and frequently traded units are specified; and sponsors who transacted in the prescribed period are ineligible for preferential allotment except when units are issued as full consideration for asset acquisition.

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