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Circulars
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Temporary relaxation in processing of documents pertaining to FPIs due to COVID-19
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Temporary relaxation for FPIs continues where lockdowns persist, with in transit applications processed under prior circular.
Temporary processing relaxations for Foreign Portfolio Investors are extended for entities located in jurisdictions still under COVID 19 lockdown until such lockdowns are lifted; in transit applications will be processed per the March 30 circular, while entities in jurisdictions where lockdowns have been lifted are not eligible for the relief. All other terms of the March 30 circular remain in force, and Designated Depository Participants and custodians are instructed to inform their FPI clients. The extension is issued under the regulator's statutory powers and anti money laundering record rules.
Order under section 138(1)(a) of the Income-tax Act,1961 for sharing of information with "Scheduled Commercial Banks"
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Information sharing: IT return filing status to be furnished to scheduled commercial banks under section 138 of Income tax Act.
The Central Board of Direct Taxes designates the Principal Director General of Income tax (Systems) as the specified income tax authority empowered to furnish to Scheduled Commercial Banks the taxpayers' IT return filing status; the Principal DGIT (Systems) must notify the procedure and format for providing this information after obtaining CBDT approval and forward a copy of the notification to the issuing division.
Imposition of charge on the prescribed electronic modes under section 269SU of the Income-tax Act, 1961
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Charge prohibition on prescribed electronic modes requires banks to cease levies and refund any charges collected.
The circular reiterates that no bank or system provider may impose any charge, including the Merchant Discount Rate, on payer or beneficiary for payments through prescribed electronic modes notified for compliance; banks must refund charges collected on or after the operative date for such transactions and must not impose charges on future transactions using those prescribed modes.
Seeks to authorise Officers to act as "Appellate Authority" as referred to in section 107 of the West Bengal Goods and Services Tax Act, 2017
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Appellate Authority authorisation under GST law for specified State Tax officers across designated jurisdictional circles and units.
Officers of the State Tax department were authorised to act as Appellate Authority under section 107 of the West Bengal Goods and Services Tax Act, 2017, subject to rule 109A, for appeals arising from orders or decisions of adjudicating authorities within specified jurisdictional circles. The authorisation covered the named officers and their designated areas, including the Large Taxpayer Unit and several territorial circles. The order superseded earlier authorisations relating to appeals under the Act, took immediate effect, and preserved actions already initiated under prior authorisation.
Execution of Power of Attorney (PoA) by the Client in favour of the Stock Broker / Stock Broker and Depository Participant
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Power of Attorney optional for brokers-limited to exchange settlement transfers and margin pledging; off market transfers need DIS or OTP.
PoA is optional and must not be a condition for account opening; PoAs may only be used to transfer securities for exchange settlement obligations arising from trades executed through the same broker and to pledge/re pledge securities for margin in connection with such trades. Off market transfers require a client signed physical DIS or electronic DIS and depositories must obtain client consent via OTP. Stock exchanges and depositories must amend rules, disseminate the requirements and report implementation; other provisions of earlier SEBI circulars continue to apply.
‘Procedural Guidelines for Proxy Advisors’-Extension of implementation timeline
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Extension of compliance timeline for proxy advisors; applicability deferred due to pandemic-related requests and operational constraints.
SEBI has deferred the applicability of its Procedural Guidelines for Proxy Advisors by four months, moving the effective compliance date from early September 2020 to early January 2021, in response to requests from registered proxy advisors and operational disruptions caused by the COVID 19 pandemic; the extension is issued under SEBI's regulatory authority and the circular is published on SEBI's website.
‘Grievance Resolution between listed entities and proxy advisers’ – Extension of timeline for implementation
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Extension of compliance timeline for proxy adviser procedures and grievance-resolution requirements now operative from January 01, 2021.
The operative compliance date for Procedural Guidelines for Proxy Advisors and the grievance-resolution framework between listed entities and proxy advisers is extended so that both requirements become applicable from January 1, 2021; recognized exchanges must disseminate the circular and the extension is issued under the regulator's statutory powers and listing obligations framework.
Procedure to be followed in cases of manufacturing or other operations undertaken in special warehouses under section 65 of the Customs Act
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Manufacturing in special bonded warehouses requires licence, prescribed bond and electronic records, with GST and duty rules on clearances.
Manufacturing and other operations are authorised in special warehouses under section 65 subject to MOOSWR, 2020; applicants use an integrated form to seek section 58A licence and section 65 permission, provide prescribed bond and bank guarantee, maintain electronic time-stamped records per Annexure B, demonstrate compliant software and security arrangements, and comply with customs supervision charged on cost-recovery. Exported resultant products are exempt from import duty on contained imported goods; domestic clearances attract GST and require ex-bond bill of entry and duty payment where applicable. Waste is subject to duty/GST treatment as prescribed.
Revised guidelines for conduct of personal hearings in virtual mode under CGST Act,2017, IGST Act, 2017, Customs Act, 1962, Central Excise Act, 1944 and Chapter V of Finance Act, 1994
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Virtual personal hearings via video conferencing now mandatory, with written emailed records and limited modification window.
Personal hearings in adjudicatory and appellate proceedings under the Customs, Central Excise, Finance Act and GST statutes are mandatory in virtual mode by video conferencing; parties must be notified of hearing date, link and officer-in-charge by official email, file scanned authorization and photo ID, and maintain decorum. Oral submissions will be reduced to a written record of personal hearing, emailed as PDF within one day and may be modified and returned signed within three days, after which it is deemed agreed; emailed records are recognised under the Information Technology Act.
Minutes of the 41st GST Council Meeting held on 27th August, 2020
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GST compensation entitlement must be paid from the Compensation Fund; Council can recommend borrowing or extend cess.
The Compensation Act requires that compensation for GST revenue loss during the five-year transition be paid from the GST Compensation Fund; States are entitled to full compensation during that period, the Act contains no express provision obliging the Union to meet Fund shortfalls, and the GST Council may lawfully recommend measures - including extension of the cess or borrowing arrangements - to credit additional resources to the Fund.
Launch of e-Office in the office of Commissioner of Customs (Export). Inland Container Depot. Tughlakabad. New Delhi
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Electronic filing via e-Office encouraged; submit searchable PDFs and contact details for faster acknowledgement and tracking.
Launches the e-Office application at the Commissioner of Customs (Export), ICD Tughlakabad to create a paperless environment and improve efficiency, transparency and accountability. Taxpayers are encouraged to use electronic communications in pdf (preferably searchable) and to provide mobile and email contacts so the system can send immediate acknowledgements and allot a Diary Number for future reference. Stakeholders are asked to disseminate the notice and report any difficulties or suggestions.
Guidelines regarding implementation or section 28DA of Customs Act, 1962 and CAROTAR, 2020 in respect of Rules of ()rigin under Trade Agreements (FTA/PTA/CECA/CEPA) and verification of Certificates of Origin
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Verification of Origin: importers must retain required origin evidence and face compulsory verification for inadequate or inaccurate documentation.
Section 28DA and CAROTAR, 2020 require importers to possess specified minimum information and exercise reasonable care regarding origin claims; customs must first seek information from the importer before seeking verification abroad, may select COOs for risk based or representative verification, and will forward verification requests through the Board's nodal point with prescribed documentation; failure to provide information or exercise reasonable care may lead to compulsory verification of future consignments until adequate controls are demonstrated.
Streamlining of UQCs in Bills of Entry and Shipping Bills
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Unit Quantity Codes standardization: only prescribed UQC codes permitted in customs declarations; non-listed codes will be rejected.
Statistical Unit Quantity Codes prescribed under the Tariff Act are mandatory for every item in imports and exports and are captured in the Single Window table. For commercial units, only the UQC codes listed in the annexure are permitted in Bills of Entry and Shipping Bills; declarations using any other UQC will not be accepted and this directive operates as a Standing Order.
Clarification in respect of various measures announced by the Government for providing relief to the taxpayers in view of spread of Novel Corona Virus (COVID-19)
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GST interest relief: initial zero interest then reduced rate until cut off date, reverting to normal interest thereafter.
Clarification explains revised GST relief measures: zero interest for an initial short grace period, a reduced interest rate thereafter until a specified cut off date, and reversion to the normal interest rate for further delay. Separate interest schedules and illustrative day wise calculations are provided for registered persons above and below the aggregate turnover threshold. The circular also confirms that waiver of late fee for FORM GSTR 3B is conditional on filing by the revised specified dates, and that late fee is payable from the original due date if those dates are missed.
Clarification in respect of issues under GST law for companies under Insolvency and Bankruptcy Code, 2016
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GST treatment for companies under insolvency: moratorium protects pre insolvency tax dues and sets registration and ITC procedures.
Pre CIRP GST dues are treated as operational debt and cannot be subject to coercive recovery; tax authorities must file claims before the insolvency forum. GST registration during CIRP should not be cancelled (may be suspended); IRP/RP need not file pre CIRP returns but must obtain new registrations and comply with GST obligations for the CIRP period. A special procedure permits first return input tax credit on invoices bearing the erstwhile GSTIN and allows refund of cash ledger deposits made by the IRP/RP despite unfiled periodic returns.
Launch of e-Office in Customs Commissionerate, Ludhiana from 25.08.2020 (Tuesday)
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e-Office adoption enables paperless electronic communication with customs; taxpayers must submit searchable PDFs and contact details.
Launch of e-Office in the Customs Commissionerate, Ludhiana establishes a paperless office to improve efficiency, transparency and data security. Taxpayers should submit electronic communications as PDFs, preferably searchable, and include mobile and email contact details to receive immediate acknowledgement and a Diary Number for future reference. Trade associations are asked to circulate the notice and report difficulties or suggestions to the Commissioner.
Revised guidelines for conduct of personal hearings in virtual mode under CGST Act 2017. IGST Act 2017 Customs Aet 1962 Central Excise Act 1944 and Chapter V of Finance Act, 1994
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Virtual personal hearings required by video conferencing for tax and customs adjudications, with emailed record and document safeguards.
Personal hearings in proceedings under the Customs, Central Excise, Finance Act Chapter V and the CGST/IGST Acts are made mandatory via video conferencing for appellate and adjudicating authorities. Authorities must notify parties by official email of the hearing schedule, provide a secure link and officer-in-charge details, and require scanned authorization and photo ID. Submissions during hearings will be reduced to a written record of personal hearing sent as a PDF within one day; parties may sign and return modifications within three days. Electronically transmitted records are treated as documents under relevant statutes read with Section 4 of the Information Technology Act, 2000.
Mandatory drawl and processing of samples in CRCL test Module in ICES 1.5 by Customs & CRCL officers
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Mandatory CRCL test module use required; manual test memos prohibited and system issues must be reported promptly.
Mandatory implementation of the CRCL Test Module in ICES 1.5 requires all sample testing activity for CRCL, NCH to be generated, transmitted, processed and recorded electronically; manual test memos are prohibited. Role based procedures require APR to generate Test Memos, INS to draw and dispatch samples with Dispatch Entry, CLABADM to allocate memos, CLAB to test and enter reports, and SUP to process Bills of Entry on receipt. All officers must report system issues to EDI and the controlling officer; the notice is treated as a Standing Order.
Refund of amount on account of double-payment of Customs Duty
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Refund processing for double payment of customs duty advances without bank reply after set timeframe, based on other verifications.
Refunds for double payment of Customs duty require verification from PAO/e-PAO and bank scrolls, ICEGATE challan enquiry, ICES payment-integration data, and bank confirmation. If bank verification is not received within 15 days of request, the Deputy/Assistant Commissioner, CRC-I, JNCH, may process the refund claim relying on the other verification reports and available records. Implementation difficulties should be reported to the Joint/Additional Commissioner of the Centralized Refund Section, and the directions shall operate as a standing order for officers and staff.
ICES Advisory 10/2020 (Project Imports) - Option to debit duty through Duty Scrip for Project Imports Bills of Entry
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Duty scrip use for Project Imports enables payment via ICES DEPB function, with officer-enabled debit and revised duty challan.
Project Imports bills of entry may be paid in whole or part by debiting approved duty scrips via ICES using the DEPB License Management 'Pay Proj. Imports/EPCG' option. Importers or customs brokers must file the bill of entry quoting the Project Import license number for each item, then approach the Assessing Group before duty payment with scrip details and the amount to be paid; the assessing officer will enable scrip debit and revise the duty challan to reflect scrip payment and any residual duty.

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