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Circulars
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Filing of online return for first quarter of 2016-17 - extension of period thereof
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Extension of filing deadline for quarterly VAT returns; payment obligations remain unchanged and e-sign filers exempt from hard copy.
Extension of the deadline for filing online or hard-copy quarterly VAT returns in Form DVAT-16, DVAT-17 and DVAT-48 with required annexures; dealers filing with a digital signature are exempted from submitting hard copy Form DVAT-56. The extension does not change the requirement that tax due be paid in the usual manner under the governing VAT provision.
Removal of mandatory warehousing requirements for EOUs, STPIs, EH T Ps etc. - Amendment to Notification 52/2003- Customs dated 31.03.2003
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Removal of mandatory warehousing requires EOUs, STPIs and EHTPs to maintain digital import records and procurement reconciliation.
Notification 44/2016 amends Notification 52/2003 to remove mandatory warehousing and delicence EOUs, STPIs and EHTPs as warehouses effective 13 August 2016; units must maintain digital records of imported goods based on Form A with an audit trail, update records immediately on receipt or removal, provide a monthly digital copy to the proper officer, furnish procurement certificates and bills of entry for reconciliation, and follow commercial documentation and intimation procedures for inter unit transfers.
Price Dissemination through SMS/Electronic Communication Facility
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Price dissemination via electronic channels mandated for commodity derivatives; exchanges must register subscribers and provide free daily service.
SEBI requires commodity derivatives exchanges to register subscribers and disseminate daily derivatives prices free of charge via SMS or other electronic communication facilities. Exchanges may reimburse dissemination expenses from interest on the Investor Protection Fund. The circular supersedes earlier directives on SMS price dissemination and mandates amendments to bye laws, notice to brokers, website publication, and communication of implementation status to SEBI under its investor protection and market development powers.
Trading Hours/Trading Holidays on Commodity Derivatives Exchanges
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Trading Hours on commodity derivatives standardized; exchanges must set hours within prescribed limits and adopt common holidays.
SEBI prescribes that commodity derivatives exchanges permit trading Monday through Friday, fix trading hours within prescribed limits for distinct commodity categories with adjustments for international daylight saving, coordinate Muhurat Trading timing, maintain commensurate risk management and infrastructure for trading hours, and determine and notify trading holiday lists (jointly for national exchanges, individually for regional exchanges) within the Negotiable Instruments Act framework; national exchanges may permit evening trading of internationally referencable commodities on trading holidays when international markets are open.
Maintenance and Preservation of Records
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Record preservation requirements: commodity exchanges must adopt securities market retention norms and report implementation to the regulator.
Commodity derivatives exchanges and their members are required to comply with existing securities market recordkeeping norms, including the record retention obligations under the Securities Contract (Regulation) Rules and Broker Regulations. Prior SEBI preservation norms are made applicable to commodity markets; exchanges must amend bye laws, inform and disseminate requirements to members, report implementation to the regulator, and publish the circular, ensuring adherence to the record preservation regime from the stated effective date.
Step to facilitate taxpayers electronic interface with the income-tax department
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Official contact details requirement: income-tax authorities must include email, telephone, fax to facilitate electronic interface in all taxpayer communications.
Income-tax authorities are directed to invariably mention their official e-mail Ids along with official telephone numbers/fax number in all notices, letters and communications issued to taxpayers to facilitate electronic interface and statutory compliance; supervisory officers must monitor compliance by random verification and furnish missing contact details immediately in time barred scrutiny cases and statutory notices issued during the current financial year.
Admissibility of un-utilized cenvat credit of DTA unit converted into EOU
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Admissibility of cenvat credit: unutilized credit in DTA units may transfer on conversion to EOU enabling its use for duty payment.
Admissibility of unutilized cenvat credit on conversion of a DTA unit into an EOU is affirmed; unutilized cenvat credit standing in the books of the DTA unit immediately before conversion is admissible to the resultant EOU. The earlier circular providing for lapse of such credit is withdrawn, and the transfer principle applicable to manufacturers under the cenvat credit framework applies to EOUs, permitting use of cenvat credit for duty payment by EOUs.
Jurisdiction of income-tax authorities
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Jurisdiction of tax authority: CPC Bengaluru to exercise concurrent powers over electronically filed declarations under the Finance Act.
The Commissioner of Income-tax, Centralized Processing Centre, Bengaluru is designated to exercise concurrent powers and functions over declarations under section 183 of the Finance Act furnished electronically under digital signature and is deemed to be the Principal Commissioner or the Commissioner for purposes of section 186 of the Finance Act in respect of such declarations, centralizing jurisdiction and processing at CPC Bengaluru.
Indirect Taxes Resolution Scheme, 2016
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Indirect Tax Dispute Resolution Scheme stays appeals and enables declarations for discharge following prescribed deposits and forms.
The Indirect Tax Dispute Resolution Scheme permits appellants before the Commissioner (Appeals) on the cut-off date to file a declaration in Form-I with the designated authority, obtain Form-2 acknowledgement which stays appeal proceedings, deposit prescribed sums and report deposits in Form-3 within prescribed timelines, and receive a discharge order in Form-4; the Commissioner will remove the appeal upon matching Form-4 but such disposal has no precedential value.
Extension of due date for filing of Income-tax Returns/Tax Audit Reports in respect of Union Territory of Jammu and Kashmir - Order u/s 119 of the Income-tax Act, 1961
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Due date extension for income-tax returns under statutory administrative power grants temporal filing relief for affected assessees.
An administrative order, issued under the statutory power in the Income-tax Act, extends the due date for filing income-tax returns and related tax audit reports for assessees who were required to file by the original deadline, moving that due date to a later single prescribed date; the extension is limited to temporal relief for affected assessees and does not change substantive filing obligations.
Guidelines on safety and security of premises where imported or export goods are loaded, unloaded, handled or stored
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Hazardous cargo storage distances prescribed: distinct rules for explosives and IMDG-based separation for general cargo.
Guidelines require segregation of hazardous imported or exported goods with explosives treated separately. A uniform thirty-metre separation from administrative buildings is prescribed for hazardous goods other than explosives, while explosives remain subject to the earlier two-hundred-metre guidance. Separation between hazardous and general cargo in port areas must follow the IMDG Code. Land storage in notified areas must comply with specific statutory rules for the commodity, and where port rules conflict with specific rules, the specific rules prevail. Annexure A of CBEC Circular No.4/2011 is modified accordingly and public notices are to be issued.
Revised guidelines for disposal of confiscated goods - regarding
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Disposal of confiscated goods: small lots offered to cooperatives at uniform rebate; higher value lots sold via e auction with no rebate.
Confiscated/seized consumer goods valued up to Rs. Five lakh shall be offered to NCCF/Kendriya Bhandar and eligible cooperative societies at a uniform rebate of 10% subject to eligibility criteria (ten years' operation, tax return filings, annual genuineness certification by an AC/DC level officer), obligation to sell to bona fide consumers, no selective item choice, first come first served allocation, and departmental scrutiny of accounts; goods above that value and other confiscated goods must be sold by e auction/auction cum tender, with no rebate available.
Streamlining the process of No Objection Certificate (NOC), Port Clearance Certificate (PCC), voyage return and voyage assessment in the case of Foreign Shipping Companies (FSCs)
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Annual NOC for foreign shipping: jurisdictional NOC and CA certificate streamline PCC, voyage returns, and assessments.
Section 172 requires voyage returns and that port clearance follow payment or satisfactory tax arrangements. For FSCs entitled to full DTAA relief, the jurisdictional AO may issue an annual NOC listing owned, chartered and pooled vessels; that annual NOC shall, in single-carrier voyages, substitute for voyage NOC and be accepted by Customs for PCC. Where multiple DTAA-eligible FSCs supply cargo, a CA certificate plus copies of annual NOCs shall be filed instead of voyage NOCs. Otherwise a voyage NOC from the Port AO remains necessary. Port AOs must honor annual NOCs in voyage assessments or forward details to the AO issuing the annual NOC when annual assessment is elected.
Merchandise Exports from India Scheme (MEIS) - Addition in Table 2 [containing ITC (HS) code wise list of products with reward rates] of Appendix 3B
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MEIS reward rate for onions notified; exporters eligible for the published reward rate for shipments made until year end.
The Director General of Foreign Trade has added an ITC (HS) classification for onions (fresh or chilled) to Table 2 of Appendix 3B under the MEIS and notified a specific MEIS reward rate for that entry, effective immediately for exports made up to the end of the stated eligibility period.
Indirect Tax Dispute Resolution Scheme, 2016
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Indirect Tax Dispute Resolution Scheme enables declaration based settlement that suspends appeals pending compliance and deposit reporting.
The scheme permits parties with appeals before the Commissioner (Appeals) at the cut-off date to file a declaration with a designated authority using prescribed forms: Form-I for declaration, Form-2 for acknowledgement which suspends appellate proceedings, Form-3 for reporting deposits made under the scheme, and Form-4 for issuance of a discharge order. The Commissioner will reconcile Form-4 with the designated authority's copy and remove the appeal from pendency, with such disposal carrying no precedent value. The notice also names the authorised designated authority and invites reference to the scheme for full compliance details.
Regarding non levy of Anti Dumping Duty while filing online Bills of Entry- reg.
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Self-assessment obligation: importers must declare anti-dumping duty applicability when filing Bills of Entry or face penalties.
Importers and Customs House Agents must accurately self-assess and declare the leviability of Anti-dumping Duty when filing online Bills of Entry; failures detected in audits to declare and pay applicable anti-dumping duties for certain imported chemicals may attract penal action under the Customs Act, and any implementation difficulties should be reported to the Commissioner.
Guidelines for issue of summons, visits, search, seizure, arrest and prosecution regarding manufacturers or principal manufacturers of articles of jewellery or parts of articles of jewellery or both
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Excise enforcement guidelines restrict visits, searches and prosecutions and require high level approval and procedural safeguards.
Guidelines limit excise enforcement against manufacturers or principal manufacturers of articles of jewellery: transit checks are prohibited; visits, searches, summons, seizures, arrests and prosecutions require Commissioner level belief of evasion and are not to be used for procedural, documentary or pure legal interpretation matters. Actions are permitted where duty is collected but not deposited or where information indicates substantial evasion. Seized goods must be returned promptly and provisionally released within three working days on security equal to duty payable. Commissioner approval and specific intelligence are required for visits and summons; other central excise instructions apply mutatis mutandis.
Constitution of Grievance Redressal Committee
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Grievance redressal committee established for trade policy grievances, defining scope, composition and meeting frequency at HQ and zonal levels.
A Grievance Redressal Committee is constituted under Paragraph 9.08 of the HBP, 2015-2020 at DGFT headquarters and at Zonal RAs to ensure speedy redressal of trade and industry grievances under the Foreign Trade Policy. The committee will meet quarterly at HQ and monthly at Zonal RAs. Its terms of reference are to review overdue grievance cases for speedy disposal, address sector-specific grievances, and suggest policy and procedural reforms. Composition includes senior DGFT officials, policy officers, representatives of trade and export promotion councils, and special invitees from departments from which grievances are received.
Reduction of Government litigation providing monetary limits for filing appeals by the Department before CESTAT/High Courts and Supreme Court
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Monetary limits for government appeals restrict departmental filings; classification and refund exceptions remain appealable.
The Board prescribes monetary limits below which the Department shall not file appeals before the tribunal, High Courts and the Supreme Court, exercising statutory powers and partially modifying the 2011 instruction. An added exception permits appeals on classification and refunds issues that are legal and/or recurring in nature; all other terms of the 2011 instruction remain in force.
Boarding and Rummaging of vessels, aircrafts and vehicles
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Boarding and rummaging of vessels, aircraft and vehicles must follow risk-based selection, standard reporting and anti-gratification measures.
The Instruction mandates that boarding and rummaging remain a core preventive function against smuggling, to be conducted on risk management and intelligence grounds; full detailed rummages where indicated; confidentiality in deciding selection parameters; quarterly review of parameters; use of prescribed Rummaging Report and Rummaging Register with specified signing authorities; adoption of local public notices/standing orders to streamline boarding, feedback and entry-inward procedures; and measures to prevent illegal gratification with disciplinary consequences for breaches.

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