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GST on service supplied by restaurants through e-commerce operators
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GST liability for restaurant services via e-commerce operators: operators must pay tax in cash and stop collecting TCS.
E-commerce operators are liable to pay GST on restaurant services supplied through their platforms from 1 January 2022 and need not collect TCS or file GSTR-8 for such services; this liability covers supplies by unregistered persons, does not require separate registration if already registered under rule 8, and must be discharged in cash without utilizing ITC, while ECOs may continue to claim ITC on inputs for their own services and must issue invoices for restaurant services supplied through them.
Change in control of the asset management company involving scheme of arrangement under Companies Act, 2013
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Change in control of asset management company requires SEBI pre filing and time limited in principle approval before NCLT and final clearance.
Applicants seeking change in control of an AMC via a scheme of arrangement must file for SEBI approval under Regulation 22(e) before approaching the NCLT; SEBI may grant a time limited in principle approval, after which the NCLT petition must be filed. Within 15 days of the NCLT order, the applicant must submit to SEBI an application for final approval, the NCLT order, the approved scheme, a statement of any modifications and reasons, and evidence of compliance with SEBI's in principle conditions.
Practice and assessment of petroleum products under chapter-27 review thereof
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Petroleum import assessment shifts specified lubricants to second check while retaining mandatory laboratory testing for higher-risk classifications.
Representative sealed samples of consignments classified under CTI 27101951 to 27101990 and CTI 38249100 must be drawn and tested on a first-check assessment basis. Specified lubricant classifications may receive second-check assessment where the declared or self-assessed value is Rs. 100 or more per litre, subject to uploading a valid PTR or manufacturer's certificate of analysis on E-Sanchit and declaring PTR particulars in the Bill of Entry.
Delegating power under section 30 of RGST Act 2017
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Delegation of powers under section 30 clause (b): Special Commissioner authorised to exercise delegated GST powers immediately.
The Chief Commissioner, relying on sub section (3) of section 5 of the Rajasthan Goods and Services Tax Act, 2017, delegates the powers under clause (b) of sub section (1) of section 30 to the Special Commissioner, GST, HQ, Rajasthan, Jaipur by an administrative order dated January 31, 2022, effective immediately, authorising the Special Commissioner to exercise the delegated GST functions within the State Tax department.
Clarification on FAQ 6(reporting) and FAQ 3 (reporting) issued by U.S. IRS in respect of FATCA reportable accounts
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U.S. TIN reporting: RFIs must supply TINs or use specified placeholder codes; errors permit a corrective period.
RFIs must report the U.S. TIN for all U.S. reportable accounts; if a TIN has not been obtained RFIs may populate the TIN field with specified FAQ 6 placeholder codes in defined scenarios, and if none apply they should use nine times A or zero. Entries using these codes will generate an IRS error notification and provide a corrective period to supply the TIN; absent provision of the TIN within that period the U.S. will evaluate facts and circumstances to determine significant non compliance. RFIs should apply this guidance and amend Form 61B for 2020 where applicable.
Setting up of office for operationalising Interim Boards for Settlement
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Interim Board for Settlement offices established, creating regional IBS structures with specified administrative controls and staffing.
Establishes offices to operationalise Interim Boards for Settlement by specifying seven regional IBS units with headquarters, member composition including Members, Secretary, DIT(Investigation) and Additional DIT(Investigation). Secretary posts are placed under the administrative control of the senior-most Member of the designated IBS and will attend to administrative work for multiple IBS units as specified. Ministerial staff, executives or consultants may be provided by the jurisdictional Principal Chief Commissioner of Income-tax in consultation with the Board. The order is effective from the commencement date stated in the instrument.
Clarification on certain refund related issues
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Refund of excess electronic cash ledger balance exempt from time limit; TDS/TCS credits refundable and deemed export refunds follow supplier's return date.
Refunds of unutilised electronic cash ledger balances are exempt from the time limit in section 54(1) and do not require Rule 89(2)(l)/(m) certifications because unjust enrichment does not apply. TDS/TCS credited to the electronic cash ledger is equivalent to cash and may be used via credit or cash ledger; any unutilised amount after payment of dues is refundable per the proviso to section 54(1) read with section 49(6). For deemed exports, the relevant date for refund is the date the supplier's return relating to those deemed exports is furnished under Explanation (2)(b) to section 54.
Delegation of power by the Commissioner under section 30 of the West Bengal Goods and Services Tax Act, 2017
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Extension of revocation application period delegated to Special Commissioner to allow further limited filing time under section 30.
Authority is delegated to the Special Commissioner of State Tax to extend the sixty-day period for applying for revocation of cancellation of registration under the proviso to section 30(1) for a further period not exceeding thirty days, exercisable only within the delegate's jurisdiction; the order is effective immediately.
Amendment in CBLR, 2018 vide Notification No. 62/2021-Customs (N.T.)-reg.
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Lifetime validity endorsement for customs brokers' licences enabled; brokers may submit licences for endorsement subject to revocation provisions.
Amendment to Regulation 9 allows licences issued under Customs House Agents and Customs Brokers licensing rules to receive a Lifetime Validity endorsement, subject to existing revocation provisions; operational brokers meeting the prescribed conditions may submit licence copies to the designated commissionerate for endorsement.
Procedures for application for Tariff Rate Quota (TRQ) under FTA/CECA for FY 2022-23
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Tariff Rate Quota (TRQ) applications must be submitted through the e TRQ online system with specified portal guidance.
All import Tariff Rate Quota (TRQ) applications for FY2022-23 must be submitted online via the DGFT e-Tariff Rate Quota (e-TRQ) system (DGFT Website Services Import Management System Apply for TRQ); TRQ applications must not be submitted as licences for restricted imports. Applicants should follow Annexures I-III of Appendix 2A of the Handbook of Procedures and may use the Help Manual, FAQs, DGFT Helpdesk ticketing, toll-free number, or email for assistance.
Introduction of Special Situation Funds as a sub-category under Category I AIFs
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Special Situation Funds: new AIF rules set corpus, investor eligibility, stressed loan conditions and due diligence obligations.
Special Situation Funds as a Category I AIF sub-category require a prescribed minimum corpus and tiered minimum investor commitments, include a carve out for internal employees and directors, and must meet Insolvency and Bankruptcy Code eligibility when acting as resolution applicants. SSF may acquire stressed loans only after inclusion in the RBI Annex, subject to a general lock in except upon borrower recovery, and must apply investor due diligence standards equivalent to those for Asset Reconstruction Company investors.
Minutes of the 108th meeting of the Board of Approval for SEZ held on 27th January, 2022 to consider setting up of Special Economic Zones and other miscellaneous proposals
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SEZ approvals and co-developer authorisations extended and conditionally granted, with lapsed LoAs rejected and cancellations ordered.
Board of Approval administered SEZ governance by ratifying prior minutes, granting conditional extensions of formal approvals and LoAs, rejecting an expired LoA under Rule 19(5) of the SEZ Rules, 2006, directing Development Commissioners to list and action long-lapsed LoAs, approving multiple co-developer statuses subject to standard SEZ Act and Rules terms and DoC Instruction No. 98 lease-period compliance, cancelling certain co-developer approvals with revenue and indemnity safeguards, and declining a job-work permission due to binding quantitative import restrictions.
Issuance of Securities in dematerialized form in case of Investor Service Requests
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Dematerialization requirement: securities issued on investor service requests must be demat only; unclaimed shares moved to suspense escrow account.
Listed companies must issue securities in dematerialized form for specified investor service requests (duplicate certificates; unclaimed suspense claims; renewal/exchange; endorsement; sub-division/splitting; consolidation; transmission; transposition). Holders submit Form ISR-4; RTAs/issuers verify requests and issue a Letter of Confirmation in lieu of physical certificates, which the holder must use to request dematerialization via a DP within the letter's validity. Absent demat request, securities are credited to the company's Suspense Escrow Demat Account.
Amendment in CBLR, 2018 vide Notification No. 62/2021-Customs (N.T.) – reg.
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License validity under amended CBLR confirmed as continuing unless revoked under specified revocation provisions.
Amendment to the Customs Brokers Licensing framework establishes that a licence issued under prior and current Customs Brokers/Customs House Agents licensing regulations remains valid unless and until revoked in terms of the specified revocation provisions. The Board's Notification amends Regulation 9 to make continuity of existing licences the default position, subject to revocation under the procedural grounds set out in the cited revocation provisions.
Extension of Date for Mandatory electronic filing of Non-Preferential Certificate of Origin (CoO) through the Common Digital Platform to 31st March 2022
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Mandatory electronic filing extended for non-preferential Certificates of Origin; agencies must onboard or face de notification.
The transition period for mandatory submission of Non-Preferential Certificates of Origin via the e-CoO electronic filing platform is extended to 31 March 2022, with manual/paper systems permitted only until that date. Issuing agencies listed under Appendix-2E must complete onboarding by 31 March 2022 or be de-notified. Exporters and agencies are urged to familiarise themselves with the platform and its enhancements; technical or procedural assistance is available through the CoO Helpdesk and a designated DGFT contact, and guidance materials are on the e-CoO landing page.
Jurisdiction Officer of Business Audit of all Zones
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Territorial jurisdiction assignment for GST business audits assigned to State Tax Business Audit officers across Rajasthan zones.
The order designates Joint Commissioners, Deputy Commissioners and Assistant Commissioners of State Tax in the Business Audit Wing and Business Audit Circles as having territorial jurisdiction to audit registered persons under the Rajasthan GST Act, allocating responsibility for the whole State and for each notified Zone, with zone areas defined by a prior notification and the assignment taking effect from the stated commencement date.
Commissioning and commencement of operation of Mobile XRay Container Scanner (MXCS) at NMPT; Procedure to be followed for containers selected for scanning at MXCS (Scan Mode-M1)
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Container scanning compliance: automated selection mandates on site MXCS scanning and 100% examination for suspicious images before release.
A Mobile X Ray Container Scanner at New Mangalore Port Trust is operational and scans import containers selected automatically by the Container Selection Module/RMS. Selected containers must be presented at MXCS and verified against EIR/pick up tickets; post scan endorsements-"SCANNED CLEAN", "SCANNED SUSPICIOUS" or "NOT SCANNED DUE TO ODC"-determine subsequent handling. Containers marked suspicious require 100% examination under Docks supervision before Out of Charge is permitted; failure to present or unauthorized removal attracts penalties under the Customs Act and HCCAR, 2009. Weekly monitoring and reporting and a five day presentation target are mandated.
Clarification regarding SIMS.
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Steel Import Monitoring System registration not required for re imports for packaging and SEZ round trip imports.
Re imports of steel solely for packaging are excluded from SIMS because they are not primarily for value addition. Exports from DTA to SEZ and subsequent imports back into DTA do not require SIMS registration, whether returned without value addition or after value addition.
GST on Services supplied to Government authority and Government Entity
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GST rate revision for works contracts supplied to governmental authorities and entities withdraws prior reduced treatment and exemption.
Amendments to Kerala GST notifications remove Governmental Authority and Government Entity from concessional and exempt entries for specified works contract and related services, resulting in withdrawal of the previously reduced rate and exemption for supplies to those bodies. Definitions of Governmental Authority and Government Entity are reproduced, and the amendments apply from the notified commencement date so that supplies completed on or after that date are chargeable at the revised rate without the prior conditional provisos for Government Entities.
Guidelines for recovery proceedings under the provisions of section 79 of the Assam GST Act, 2017 in cases covered under explanation to sub-section (12) of section 75 of the Assam GST Act, 2017
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Self-assessed tax recovery demands prior notice before section 79 action when GSTR-1 and GSTR-3B mismatch.
Recovery under section 79 applies to unpaid self-assessed tax and interest where tax declared in GSTR-1 is not paid, wholly or partly, through GSTR-3B, including outward supply tax covered by the explanation to section 75(12). The proper officer should first issue a communication requiring payment or an explanation within a reasonable time. If the mismatch is satisfactorily justified or the amount is paid, recovery action need not be initiated.

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