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Circulars
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Extension of HBP 2015-2020
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Extension of handbook validity extends operative period, modifying specified paragraph expiry dates in the Handbook of Procedures.
The public notice amends the Handbook of Procedures 2015-20 to extend its validity, substituting expiry references so the handbook shall remain in force until 30.09.2022; paragraph 3.20(a) is adjusted to read with 30.06.2022 as the comparative date, and paragraph 4.12(vi) is similarly updated.
Extension of time line for electronic filing of Form No.10AB for seeking registration or approval under Section 10(23C), 12A or 80G of the Income-tax Act,1961 (the Act)
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Electronic filing deadline for Form 10AB extended to permit later submissions for institutional registration and approval.
CBDT, exercising administrative powers, extends the electronic filing deadline for Form No.10AB: applications for registration or approval under the income tax provisions relating to institutions, whose original last date falls on or before 29 September 2022, may be filed by 30 September 2022; the extension addresses difficulties with electronic filing implemented w.e.f. 01 April 2021.
Changes in the Customs Act, 1962 vide Sections 86, 87, 88 and 94 of the Finance Act, 2022 (enacted on 30.03.2022) and notifications related thereto with reference to appointment of officers of customs and assignment of functions
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Assignment of functions clarified: new statutory provisions define officer classes and assignment limits affecting jurisdiction and faceless assessment.
Amendments expressly empower the Board, Principal Commissioners or Commissioners to assign functions to defined classes of customs officers through newly inserted sub sections of section 5, allow imposition of conditions or territorial/subject limitations and concurrent exercise of powers for work management, and insert section 110AA to confirm that the officer who originally exercised jurisdiction retains exclusive authority to take consequential statutory action following inquiry, investigation or audit; notifications implement appointments, adjudication allocations, audit assignments and faceless assessment arrangements.
Timelines for Rebalancing of Portfolios of Mutual Fund Schemes
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Rebalancing timelines for mutual fund portfolios impose rebalancing, disclosure, and operational restrictions for prolonged asset allocation deviations.
Timelines require schemes (excluding overnight, index and ETFs as specified) to rebalance mandated asset allocations within a prescribed business-day period for passive breaches; the Investment Committee may extend timelines on written justification. Failure to rebalance after mandated plus extended periods leads to restrictions on launching new schemes and prohibition on levying exit load for investors exiting affected schemes. AMCs must report deviations to trustees at each stage and, where the deviated portfolio exceeds a specified proportion of the main portfolio, immediately notify investors by SMS and email/letter about the breach and subsequent rebalancing, using a uniform subject line; periodic disclosures must reflect ongoing deviations. The norms apply only to main portfolios.
Clarification on applicability of regulation 23 of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 in relation to Related Party Transactions
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Related party transactions: newly material transactions must be placed for shareholder approval under revised materiality rules.
Clarification on Regulation 23 confirms that RPTs approved by the audit committee and shareholders before the operative date need no fresh approval; existing pre notification contracts that continue and become material under the revised materiality threshold must be placed for shareholder approval at the first general meeting after the operative date; and omnibus audit committee approvals must still be presented to shareholders when transactions are material under Regulation 23(1).
Specified date for the purposes of proviso to sub-rule (2) to rule 114AAA of the Income-tax Rules, 1962
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Specified date for proviso to rule 114AAA designated, clarifying when that proviso becomes applicable under the Income tax Rules.
The Central Board of Direct Taxes formally designates the first day of April, 2023 as the specified date for the proviso to sub rule (2) of rule 114AAA of the Income tax Rules, 1962, providing a clear temporal point for the proviso's applicability under that rule.
Regarding ensuring proper compliance of the judgment delivered by the Hon’ble High Court in case of Writ Tax No. 1029/2021
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Natural justice in GST adjudication requires a mandatory personal hearing before adverse orders are passed.
Strict compliance with the principles of natural justice under Section 75(4) of the CGST/UPGST Act, 2017 was directed in GST adjudication proceedings where an adverse decision was contemplated. The communication forwards the High Court's order and instructs all officers and assessing authorities to adhere to the mandatory opportunity of personal hearing and the broader principles of natural justice while acting under the GST law. It also notes that the impugned adjudication order under Section 74 could not be sustained because the dealer was not afforded the required hearing.
Continuance to earlier Advisory No. 05/SYS/WZU/2021 dated 20.07.2021, Advisory No. 06/SYS/WZU/2021 dated 26.07.2021 and Advisory No. 08/SYS/WZU/2021 dated 17.09.2021 Reg- Integration of ECCS with IDPMS/EDPMS of RBI
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AD code validation required for courier bills of entry to ensure successful transmission to RBI payment systems via ICEGATE.
Operational integration of ECCS with RBI's IDPMS/EDPMS via ICEGATE requires that authorised dealers' AD codes be entered validly when filing courier Bills of Entry/CSBs in ECCS; omission or invalid AD codes prevents transmission to RBI. Traders and authorised couriers must ensure correct AD code registration on ICEGATE before filing; existing AD code registration at an ACC location with the same ICT port code obviates separate registration.
Clarification with respect to relaxation of provisions of rule 114AAA of Income-tax Rules, 1962 prescribing the manner of making Permanent Account Number (PAN) inoperative
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PAN Aadhaar linking: transitional deferral of adverse consequences for inoperative PANs while fee liability remains applicable.
Requirement to link PAN with Aadhaar makes PANs inoperative if Aadhaar is not intimated by the notified date; failure attracts a prescribed fee when Aadhaar is later intimated and ordinarily triggers the legal consequences of an inoperative PAN when it is furnished or quoted. The Board provides a one year transitional deferral of those negative consequences, subject to payment of the linking fee, to mitigate disruption to filing, refunds, withholding and KYC processes.
Operational guidelines for ‘Security and Covenant Monitoring’ using Distributed Ledger Technology (DLT)
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DLT-based asset identification requires unique Asset IDs and duplicate checks; issuers and trustees must record and monitor security data.
The circular mandates use of a DLT platform to record and monitor assets securing non-convertible securities, requiring a system-generated unique Asset ID in a prescribed 12-character format, with issuers entering asset details once and depositories performing duplicate/near-duplicate checks based on common and asset-specific parameters. Issuers and debenture trustees must verify alerts, trustees must annually reconcile assets and remove duplicates, issuers must report events reducing security cover as trigger events immediately, and required credit rating information must be uploaded and validated on the platform.
Issuance of orders of provisional attachment and restoration thereof on BO System
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Provisional attachment: attachment and restoration orders must be issued on the BO system to ensure accurate monitoring.
The circular directs that all provisional attachment orders and corresponding restoration orders shall be issued exclusively through the BO system to ensure accurate MIS reporting and effective monitoring, and mandates strict compliance by operational and supervisory officers.
Guidelines regarding scrutiny of returns
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Return scrutiny procedures require strict, time bound compliance with SOP and regular supervisory monitoring of prior fiscal returns.
Assessing officers must implement the central GST policy wing's Standard Operating Procedure for scrutiny of returns for specified prior fiscal periods, carrying out reviews in a strict and time bound manner and subjecting the process to regular supervisory monitoring to ensure compliance and timely completion.
Calculation of investment concentration norm for Category III AIFs
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Investment concentration norm flexibility lets Category III AIFs choose investable funds or NAV basis, subject to disclosure and conditions.
Category III AIFs may calculate the investment concentration norm either on the basis of investable funds or on scheme net asset value. Existing funds may opt for the investable funds basis with trustee/board/designated partner approval and must inform investors within thirty days. The basis for calculation must be disclosed in the placement memorandum and cannot be changed during the scheme term. Funds choosing the NAV basis must comply with the conditions set out in the earlier referenced circular. The circular is effective immediately and requires investor communication, disclosure, and adherence to specified conditions.
Product specifications pertaining to the Electronic Gold Receipts (EGR) segment in India
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Electronic Gold Receipts trading and settlement units must be specified by stock exchanges, with disclosure and implementation obligations.
SEBI mandates that EGR product specifications define deposit unit, trading unit, settlement unit (equal to trading unit) and withdrawal unit (equal to deposit unit); trading units may not be smaller than one-tenth of the deposit unit and must be specified by the beneficial owner to the Vault Manager. Exchanges must include deposit and trading unit details within ISINs, disclose information to investors, reflect units in contract specifications, amend rules and publish the circular, and report implementation to SEBI.
Important advisory for e-Invoice for Taxpayers having annual turnover exceeding ₹ 20 Crores
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e-Invoice requirement compels high-turnover taxpayers to register and generate IRNs or invoices will not be recognised.
Taxpayers exceeding the aggregate annual turnover threshold must register on the central e-Invoice portal, generate Invoice Registration Numbers, and use the provided online/offline tools; invoices issued otherwise will not be treated as invoices for statutory purposes and non-compliance may attract penalty provisions under GST law.
Monitoring of realization of export proceeds for shipping bills for which drawback has been claimed and disbursed
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Export-proceeds realization monitoring requires RBI-BRC reconciliation, with unreconciled drawback recoverable with interest and portal-based correction mechanisms.
Export-proceeds realisation for shipping bills receiving duty drawback is monitored through the RBI-BRC Module. Exporters must ordinarily realise proceeds within the permitted period, failing which the related drawback becomes recoverable with applicable interest. Exporters should obtain EDPMS updates through authorised dealer banks for Customs reconciliation. ICEGATE permits enquiry into shipping-bill status, foreign-exchange realisation details, and rectification of incorrect EDPMS status. Short realisation attributable to foreign-bank charges or overseas agency commission requires documentary support.
Important advisory for e-Invoice for Taxpayers having annual turnover exceeding ₹ 20 Crores
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E invoicing mandate: non e invoices will not be treated as valid and may attract penalties; register on the portal.
A mandatory e Invoicing requirement requires taxpayers above the prescribed turnover threshold to generate e Invoices from 1 April 2022; invoices issued otherwise shall not be treated as an invoice. Non compliance may attract penalties and other GST law actions, and taxpayers are advised to register on the e Invoice portal, obtain an Invoice Registration Number and use provided tools and guides to ensure compliance.
Introduction of Options on Commodity Indices – Product Design and Risk Management Framework
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Options on Commodity Indices permitted; exchanges must secure approval and follow prescribed product design and risk management framework.
Recognised stock exchanges with commodity derivatives segments may introduce options on commodity indices with prior approval and must follow the prescribed product design and risk management framework: cash settled European style options on indices with existing futures; minimum strikes per expiry; specified contract size, trading hours, expiry and tenor rules; final settlement by volume weighted average of constituents in the final hour; distinct position limits for clients and members; and CPMI IOSCO aligned margining, portfolio level client margins, real time scenario application, mark to market within margining, and additional option specific margins and charges.
Authorization of Shri Pankaj Kumar Sinha as GST Practitioner Registration Authority
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GST Practitioner registration authority is entrusted to the designated Additional Commissioner for registering eligible applicants under applicable rules.
GST Practitioner registration under Rule 83(2) of the Bihar Goods and Services Tax Rules, 2017 is entrusted to Shri Pankaj Kumar Sinha, Additional Commissioner of State Tax-cum-Joint Secretary, Headquarters, Bihar, Patna. He is authorised to register eligible applicants as Goods and Services Tax Practitioners.
Extension of the validity of FCRA registration certificates
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FCRA registration validity extension: provisional continuance until renewal disposal, refusal causes registration to be deemed expired.
The Government provisionally extends FCRA registration validity for entities with pending renewal applications until 30.06.2022 or disposal of the renewal application, and extends validity for entities whose five year term expires during 01.04.2022-30.06.2022 if they applied for renewal before expiry, subject to the same cut off; if renewal is refused the certificate is deemed to have expired on the date of refusal and the association cannot receive or utilise foreign contribution.

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