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Circulars
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Extension of Validity regarding Export of Raw Sugar to USA under Tariff Rate Quota (TRQ) for the fiscal Year 2022 from 30.09.2022 to 31.12.2022
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Extension of Validity for Raw Sugar TRQ: export validity extended under Foreign Trade Policy provisions.
The Director General of Foreign Trade, under Paragraph 2.04 of the Foreign Trade Policy, amends Public Notice No. 28/2015-20 read with Public Notice No. 07/2015-20 to extend the validity for exports of raw sugar to the USA under the Tariff Rate Quota (TRQ) from 30.09.2022 to 31.12.2022. All other terms and conditions of the earlier notices remain unchanged.
Clarification on various issues relating to applicability of demand and penalty provisions under the Delhi Goods and Services Tax Act, 2017 in respect of transactions involving fake invoices
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Fraudulent Input Tax Credit triggers GST demand and exclusive penal liability; fake invoice issuers face separate penal provisions.
Issuing tax invoices without actual supply is not a "supply" and does not create tax demand under the DGST Act for the issuer, but the issuer is punishable for issuing invoices without supply. A recipient who fraudulently avails and utilizes ITC without receipt of goods/services is liable to demand and recovery of the ITC with interest and penal action under the fraudulent-ITC provision, with exclusivity of that penalty. If such a recipient passes on the credit by issuing invoices without supply, no tax demand arises for nonexistent outward supply, but penal provisions for issuing fake invoices and wrongful availment/utilization of ITC apply, and others who benefit may also be penalised.
Review of provisions pertaining to Electronic Book Provider platform
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Electronic Book Provider rules prioritise best-bid allocation and optional anchor investor portion, standardising bidding, disclosures and settlement.
Revision of the Electronic Book Provider (EBP) framework prescribes mandatory and optional use of the EBP platform for defined primary issuances, identifies eligible participants, mandates issuer disclosures in placement memoranda and term sheets, and replaces time-priority allocation with price- or yield-based allocation principles favouring the best bid. It introduces an optional anchor investor portion within the base issue with issuer-selected anchors and allocation limits, caps green shoe size, standardises bidding windows and anonymous order-driven bidding formats, requires detailed arranger disclosures, specifies pay-in and settlement via clearing corporations or escrow, prescribes debarment for pay-in defaults, allocates duties to issuers, RTAs and EBPs, and mandates annual CISA audit. The provisions take effect from the specified commencement date.
Amendment in Import Policy Condition under ITC(HS) 08028010 of Chapter 08 of ITC(HS) 2022, Schedule - I (Import Policy)
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Import quota for Fresh Areca Nut permitted from Bhutan via specified land route, subject to DGFT registration and conditions.
The import policy amendment permits a specified annual quantity of Fresh (green) Areca Nut to be imported from Bhutan without application of Minimum Import Price, provided imports are effected only through the designated land customs station and accompanied by a valid Registration Certificate issued by DGFT. DGFT prescribes RC application via its Import Management System, sets per RC quantity limits, RC validity limits, and reserves the right to change allocation modalities; Customs (Kolkata) must establish mechanisms for RC registration, utilisation tracking and compliance monitoring.
Allocation of Portal Login IDs and Roles for Employees on Boweb Portal and Vyas Central Portal as per Circular No. 3186 dated 08-10-2021
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Portal Access Allocation: role-based logins and a verification workflow ensure appropriate departmental access and data control.
Role-based login IDs and passwords are to be allotted on Boweb and Vyas Central per Circular No. 3186: Boweb roles (Assistant to Appellate Authority, Advance Ruling steno roles, Assistant to Commissioner, View Jurisdictional Record/Dashboard) are assigned to specified clerical, stenographer, inspector, computer, collection and number cadres; Vyas Central grants View/Enter/Edit permissions for module menus to those cadres for data feeding without a Verification option, with verification reserved to designated officers; sub-state and local administrators will provision credentials and offices must ensure staff receive access within the prescribed period and notify the ID section and headquarters.
Execution of ‘Demat Debit and Pledge Instruction’ (DDPI) for transfer of securities towards deliveries / settlement obligations and pledging / re-pledging of securities - Clarification
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Demat Debit and Pledge Instruction broadened to specified settlement, margin, mutual fund and open offer transfers with revocation rights.
DDPI is expanded to permit only specified uses: transfers from client BO accounts for exchange delivery/settlement obligations executed through the same broker; pledging/re-pledging to TM/CM for margin tied to exchange trades; Mutual Fund transactions on exchange order entry platforms subject to mutual fund circulars; and tendering in open offers via exchange platforms subject to open offer circulars. Securities transferred under DDPI must be credited to TM/CM pool accounts or clearing corporation demat accounts, DDPI must be registered in the client's demat account, and clients must be enabled to revoke or cancel DDPI.
Standard operating procedure consequent to commencement of "Document Processing Area" in the central parking plaza and gate automation for export-creation of Buffer Yard in CPP
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Central Parking Plaza buffer yard operations remove routine permission for missed-vessel containers while retaining hazardous cargo approvals.
Self-sealed export containers that miss their vessel may be retained in the Central Parking Plaza Buffer Yard without Customs permission, removing the ordinary need to shift them to another buffer yard or container freight station. Hazardous-cargo containers may be moved elsewhere only with case-specific permission because hazardous-cargo storage is unavailable at the Central Parking Plaza. Custodians and service providers remain responsible for cargo safety, security, and compliance with the Customs Act, 1962 and the Handling of Cargo in Customs Areas Regulations, 2009.
Amendments to Rebate of State and Central Taxes and Levies (RoSCTL) Scheme -Reg.
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RoSCTL scrip validity extended and transferee-specific conditions removed, altering scrip usability and ledger operation.
Amendments to RoSCTL remove conditions applicable to transferee-holders of rebate scrips and extend the validity period of electronic duty-credit scrips by substituting a longer term from the date of their generation; the Public Notice conveys these changes to stakeholders, directs reporting of difficulties, and treats the notice as a standing order for departmental officers.
Amendments to Scheme for Remission of Duties and Taxes on Exported Products (RoDTEP)-Reg.
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RoDTEP amendments extend scrip validity to two years and remove transferee-holder conditions, affecting export duty remission rules.
Amendments to RoDTEP remove conditions related to transferee-holders by deleting specified paragraphs and the phrase "or the transferee," and revise the Electronic Duty Credit Ledger Regulations to extend scrip validity from one year to two years; the public notice directs reporting of difficulties and is to be treated as a standing order for departmental officers.
Requirement of Health Certificate to be accompanied with the Import of certain food consignments - modification of Board Instruction No.18/2022-Customs
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Health certificate requirement: integrated single food-safety certificate accepted for specified food imports if it contains required attestations.
An integrated/single health certificate is accepted at import clearance for specified food consignments provided it incorporates all food safety attestations and information required by the previously notified format; import clearance should proceed only when the integrated certificate contains the stipulated attestations, and implementation difficulties must be reported to the Board.
Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019
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Interest waiver eligibility under SVLDRS affirmed for taxpayers who filed qualifying returns and paid tax before applying, including SCN demands.
Taxpayers who filed ST-3 on or before the prescribed cut-off and paid tax dues in full before filing under the Sabka Vishwas Scheme, 2019 are eligible for waiver of interest; this includes cases where interest was later demanded by a show-cause notice or an order-in-original, the payment prior to application preserving entitlement to interest relief.
Amendment in Para 2.107 (TRQ under FTA/CECA) of Handbook of Procedure 2015-2020.
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Tariff rate quota revalidation and application deadline extension for imports under specified tariff head; online revalidation process available.
The Public Notice revalidates TRQs already issued for imports under tariff head 7108 for the first and second quarters to a later date and extends the final date for applications for TRQs for the third quarter. It directs TRQ allottees and applicants to use the DGFT Import Management System to apply for revalidation and for new TRQ applications, and states the amendment to Annexure IV of Appendix 2A under powers conferred by the Foreign Trade Policy.
Issues related to Export Policy of Rice
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Export policy for rice: normal rice with permissible broken content exempted from prohibition but subject to duty.
DGFT clarifies that rice classified as normal rice with permissible limits of broken content (Rice with 5% and 25% broken content) is not broken rice and thus is not prohibited for export, but will attract duty as specified in the notification; this Trade Notice supersedes the earlier notice and responds to representations about shipments backed by irrevocable letters of credit issued before the amendment.
Extension of timeline for entering the details of the existing outstanding non-convertible securities in the ‘Security and Covenant Monitoring’ system hosted by Depositories
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Security and Covenant Monitoring DLT: issuers must record existing outstanding NCS in the system; debenture trustees to verify entries.
Issuers must enter details of existing outstanding non-convertible securities into the Security and Covenant Monitoring DLT system within the extended timeline; debenture trustees must verify those entries within the subsequently specified verification period, as a modification of paragraph 8.d of the March 29, 2022 SEBI circular, to ensure recording and monitoring of charges and covenants and to protect investor interests under SEBI's regulatory powers.
Implication of the judgement of the Hon'ble Apex Court in the case of M/s Westinghouse Saxby Farmer Ltd. Vs. Commissioner of Central Excise, Kolkata
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Classification of automobile parts: administrative instruction remains valid, applying the court's reasoning only to matching factual matrices.
The Board confirmed that Instruction 01/2022 on classification of automobile parts remains valid, explaining the apex court's decision applies only where the specific facts and circumstances of the goods match those in the case; classification must therefore be determined item-by-item on factual matrix, and implementation difficulties should be reported to the Board.
Standard Operating Procedure (SOP) for Nodal Officer for Monitoring National Company Law Tribunal (NCLT) cases of Import in JNCH, Nhava- Sheva
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Insolvency case monitoring requires timely revenue claims, updated demand databases, and coordinated representation throughout resolution and liquidation proceedings.
The NCLT/NCLAT Cell must monitor insolvency matters, represent the department before resolution professionals and tribunals, and protect Government revenue. It must check daily insolvency announcements against databases of pending arrears and pending demands, file timely claims, record case details, and ensure revenue claims are reflected in the corporate insolvency resolution process. The Cell must track orders on resolution, liquidation and withdrawal, update records, and submit monthly case lists. Revenue-recovery and Commissionerate units must maintain and share regularly updated arrears and pending-demand databases.
Circular for Portfolio Managers
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Portfolio managers must segregate client assets, adopt board approved order/allocation policies, maintain audit trails, and implement automated allocation systems.
Portfolio managers must segregate client funds and securities, not hold client securities in the manager's name, adopt board approved written policies detailing roles, order placement, trade allocation and permissible deviations, constitute controlled dealing teams with recorded communications and audit trails, and, if AUM is INR 1000 crores or more, implement automated systems capturing pre order and final allocations and any deviations.
Two-Factor Authentication for transactions in units of Mutual Funds
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Two-Factor Authentication expanded to mutual fund subscriptions, requiring OTP or depository 2FA and industry-wide compliance.
Two-Factor Authentication is extended to subscription transactions in mutual funds: for online non-demat transactions one factor must be a One-Time Password sent to the unit holder's email/phone registered with the AMC/RTA; demat transactions must follow Depository-prescribed 2FA; mandates/systematic transactions require factor authentication only at registration. AMFI must revise best practice guidelines to include subscriptions and all AMCs must comply. Industry participants must implement systems and report progress, with the provisions effective from April 01, 2023.
Amendment to guidelines and extension of timeline for implementation of Standardized industry classification by Credit Rating Agencies (CRAs)
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Standardized industry classification requirement extended; CRAs must adopt exchange-published classifications and report implementation in audits.
CRAs must implement the standardized industry classification for rating, benchmarking and research; the implementation deadline has been extended and Annexure A of the earlier circular is deleted. CRAs are directed to follow the classification as reviewed and published by Stock Exchanges from time to time. Monitoring of implementation will be effected through the half-yearly internal audit process mandated for CRAs under the regulatory framework.
Guidelines for filing/revising TRAN-1//TRAN-2 in terms of order dated 22-07-2022 & 02-09-2022 of Hon’ble Supreme Court in the case of Union of India vs. Filco Trade Centre Pvt. Ltd.
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Transitional credit filing reopened; eligible taxpayers may file or revise FORM GST TRAN 1/TRAN 2 once on the GST portal.
The circular implements the Supreme Court direction allowing a one time opportunity to file or revise claims for Transitional Credit via FORM GST TRAN-1/TRAN-2 on the GST portal within the court specified window. Filings must include the Annexure A declaration and TRANS 3 where applicable; TRAN 2 claims must be consolidated. Edits are permitted only until the filer clicks "Submit," after which filing requires DSC/EVC. A self certified copy and supporting documents must be furnished to the jurisdictional officer within seven days; officers will verify, hear the applicant and pass orders, with allowed credit reflected in the Electronic Credit Ledger.

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