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Circulars
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Clarification on certain refund related issues
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Refund of excess electronic cash ledger balances clarified as time limit exempt and unjust enrichment not applicable.
Refunds of excess balances in the electronic cash ledger are not governed by the time limit in section 54(1); unjust enrichment declarations under Rule 89(2)(l)/(m) are not required for such refunds. TDS/TCS credits in the electronic cash ledger are equivalent to cash deposits and any unutilised amounts after discharge of dues are refundable as excess cash ledger balance under the proviso to section 54(1) read with section 49(6). For deemed exports, the relevant date for refund is the date the supplier files the return relating to those supplies.
Circulars on GST Acts/Rules issued by the Govt. of India, Ministry of Finance, Department of Revenue, CBIC New Delhi
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Dynamic QR code exemption clarified: RBI approved payments allow invoices without QR; electronic cash ledger excess refunds exempt time bar.
Invoices to recipients located outside India for services whose place of supply is in India may be issued without a Dynamic QR Code when payment is received in convertible foreign exchange or in Indian rupees through RBI permitted modes. Refunds of excess electronic cash ledger balances are not subject to the time limit in section 54(1), do not require Rule 89(2)(l)/(m) certifications, TDS/TCS credits in the electronic cash ledger are refundable as excess balance, and the relevant date for refunds on deemed exports is the return filing date of the supplier.
Enlistment of Agencies under Appendix 2E of FTP, 2015-20 authorized to issue Certificate of Origin (Non-Preferential)
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Certificate of Origin (Non-Preferential) expanded as two additional agencies authorised to issue export origin certificates.
Authorisation adds two named trade bodies to the official list of agencies empowered to issue Certificate of Origin (Non Preferential), directing their inclusion in the policy appendices and providing operational contact details to formalise their authority for export documentation and compliance.
20/2021 - 08-12-2021 Companies Law
Clarification on passing of Ordinary and Special resolutions by the Companies under the Companies Act, 2013 read with rules made thereunder on account of COVID-19-Extention of timeline
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Conducting general meetings remotely under COVID-19 circulars: virtual meetings and postal ballots remain authorized for companies.
Permission is extended for companies to hold EGMs by Video Conference (VC) or Other Audio Visual Means (OAVM) or to transact items through postal ballot under the Companies Act, 2013 framework established by earlier General Circulars; all requirements and procedural safeguards in those circulars remain unchanged and continue to govern reliance on the virtual meeting and postal-ballot mechanisms.
19/2021 - 08-12-2021 Companies Law
Clarification of holding of Annual General Meeting (AGM) through Video Conference (VC) or Other Audio Visual Means (OAVM)
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Annual General Meeting via video conference permitted for eligible companies, but statutory deadlines remain and legal action may follow.
Companies with AGMs due in 2021 may hold those AGMs by video conference or other audio visual means in accordance with the procedural requirements set out in the referenced circular. This clarification does not confer an extension of the statutory time for holding AGMs under the Companies Act, 2013, and companies that do not meet the statutory timelines remain liable to legal action.
External Commercial Borrowings (ECB) and Trade Credits (TC) Policy – Changes due to LIBOR transition
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Benchmark rate transition to alternative reference rates alters all in cost ceilings for foreign currency ECBs and trade credits.
The benchmark for FCY ECBs and TCs is redefined to any widely accepted six month interbank rate or alternative reference rate. All in cost ceilings for new FCY ECBs/TCs are increased by 50 basis points to 500 bps and 300 bps respectively over the benchmark; existing LIBOR linked FCY ECBs/TCs transitioning to ARRs receive a one time ceiling increase of 100 basis points to 550 bps and 350 bps respectively over the ARR. INR ECBs/TCs remain unchanged and other policy provisions continue to apply.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of Notification No. 38/1/2017-Fin(R&C)(134) dated 30th March, 2020
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Dynamic QR Code exemption for cross-border invoices allowed when payment received via RBI-approved modes in foreign exchange or local currency
Where an invoice is issued to a recipient located outside India for services whose place of supply is in India, and payment is received by the supplier in convertible foreign exchange or in local currency wherever permitted by the RBI, such invoice may be issued without a Dynamic QR Code, as the recipient located outside India cannot use the Dynamic QR Code for making payment.
Clarification on certain refund related issues
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Refund of excess electronic cash ledger balances not time barred; TDS/TCS credits refundable and deemed export refunds tied to supplier return.
Refunds of excess balances in the electronic cash ledger are not subject to the time limit in sub section (1) of section 54 and do not require unjust enrichment certification under Rule 89(2)(l)/(m). TDS/TCS amounts credited to the electronic cash ledger are equivalent to cash, may be utilised at the registered person's choice, and any unutilised amount may be refunded under the proviso to sub section (1) of section 54 read with sub section (6) of section 49. For deemed export supplies, the relevant date for refund is the date the supplier files the return relating to those supplies.
Procedure for re-sealing of containers with broken/absence / mismatch of seal including tampered seal to be followed at Port Terminals
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Container seal discrepancies require prompt re-sealing, customs intimation, manifest correction, recordkeeping, and full examination before clearance.
Import containers with broken, missing, tampered, or mismatched seals must be re-sealed by terminal operators and promptly reported to Boarding section and relevant destination officers. DPD, CFS, ICD, and transshipment movements require specified intimation procedures. Shipping lines must amend the bill of lading and Import General Manifest with competent approval. Boarding section officers must maintain daily records and submit weekly reports. Except for transshipment containers, all affected containers, including DPD containers, require 100 percent examination under docks supervision.
Import of Water Melon Seeds - Other under ITC(HS) 12077090 of Chapter-12 of ITC (HS), 2017, Schedule-I (Import Policy) for the period of 01.01.2022 to 31.03.2022
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Import authorisation for watermelon seed imports limited to processors under actual user authorisations; applications due by announced deadline.
Import of Water Melon Seeds - Other (ITC(HS) 12077090) is capped for 01.01.2022-31.03.2022 and fresh online applications for import authorisation are invited until 13.12.2021. Eligibility is restricted to processors on an Actual User basis with IECs issued before the Public Notice, one application per IEC, a processing capacity certificate dated prior to the Public Notice, and a valid FSSAI license. Allocations will be made by the Exim Facilitation Committee considering processing capacity and prior imports; DGFT may amend allocations. Consignments must reach Indian ports by 31.03.2022.
Clarification on certain refund related issues
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Refund of excess electronic cash ledger balance exempt from ordinary filing time limits and unjust enrichment certification requirements.
The circular clarifies that the statutory time limit for refund applications does not apply to refunds of excess balance in the electronic cash ledger; unjust enrichment certification is not required for such refunds; TDS/TCS credits in the electronic cash ledger are equivalent to cash and unutilized balances may be refunded; and for deemed export refunds the relevant date is the date the supplier files the return relating to those supplies.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification No. 442-F.T. dated 03.04.2020.
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Dynamic QR Code requirement: invoices to non-resident recipients may be exempted when payment is in convertible forex or RBI permitted rupees.
Where a recipient is located outside India but the place of supply of services is in India, an invoice to that recipient may be issued without a Dynamic QR Code if the supplier receives payment in convertible foreign exchange or in Indian rupees where permitted by the Reserve Bank of India; such supplies are not considered export of services for this purpose and the prior trade circular entry is substituted to reflect this relief.
Guidelines for the sale of seized/confiscated gold
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Seized gold (excluding jewellery) will be sold only to RBI; SPMCIL to collect, refine and deliver standard bars under documented procedures.
Seized/confiscated gold (other than jewellery) shall be sold only to the RBI under a tripartite MoU with SPMCIL. SPMCIL will collect gold from Customs Commissionerates, transport it to designated India Government Mints for XRF pre assay, pre melting, assaying and conversion into LBMA specification standard bars; handovers must use witnessed HOGS Notes and CCTV records. Focal Commissionerates issue Preliminary and Final Weight Notes based on SPMCIL assay outputs; SPMCIL delivers bars to RBI at Mumbai and charges for melting/refining and logistics are reimbursed by CBIC. RBI values gold using the 30 day average LBMA rate converted via FBIL and shares final weight and price with DoL prior to payment; DoL maintains ledgers and effects payments to SPMCIL.
Clarification in respect of refund of tax specified in section 77(1) of the HPGST Act and section 19(1) of the IGST Act
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Refund of wrongly paid tax available when supply is later reclassified and claim filed within the prescribed limitation period.
Refund entitlement covers cases where a supply initially treated by the taxpayer as intra State or inter State is later reclassified as inter State or intra State respectively, whether reclassification is made by the taxpayer or by a tax authority. Claimants must file Form GST RFD 01 within the prescribed limitation period measured from the date tax was paid under the correct head; payments made before the controlling notification are subject to a limitation measured from the notification date. Refunds are not available where tax has been adjusted via issuance of a credit note.
Publishing Investor Charter and disclosure of Investor Complaints by Stock Brokers on their websites
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Publishing Investor Charter and disclosure of investor complaints by stock brokers on their websites required from Jan 1, 2022.
SEBI mandates that stock brokers publish an Investor Charter and disclose monthly investor complaints data on their websites, make the Charter available to clients and provide complaint statistics in the prescribed format (including pending counts, ageing buckets and average resolution time) updated by the 7th of the succeeding month. Stock Exchanges must notify brokers of these obligations. These disclosure requirements supplement existing mandates and take effect from January 1, 2022.
Revised user charges for SEZ-Online services will be as under and would be effective from 15.11.2021
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SEZ-Online user charges revised, covering transaction, Softex, AMC and registration fees, now effective from the announced date.
Revised SEZ-Online user charges, effective from 15.11.2021, prescribe specified per-transaction charges for customs and transfer filings, per-invoice Softex form fees, annual maintenance charges differentiated for units and developers/co-developers, and one-time registration fees for units and developers/co-developers; the circular supersedes earlier departmental tariff communications.
Fixation of two new Standard Input Output Norms (SIONs) at SION A-3680 and A-3681 under ‘Chemical & Allied Product’ (Product Code ‘A’)
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Standard Input Output Norms: two SIONs notify input-output ratios for sodium salicylate and methyl cobalamin exports.
Notification fixes two new Standard Input Output Norms in the Chemical & Allied Product group, prescribing that export of Sodium Salicylate requires Salicylic Acid as the input material and that export of Methyl Cobalamin JP (Mecobalamin) requires Vitamin B12 (Cyanocobalamin) as the input material, thereby adding these two SION entries to the controlling schedule under Foreign Trade Policy authority.
Authorisation of officers to assist officers authorised to undertake Audit under section 65 of WBGST Act, 2017
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Authorisation of State Tax Officers to assist GST audit teams enables delegated, jurisdictional audit support within local units.
State Tax Officers posted at any Circle, Charge or Large Taxpayer Unit are authorised to assist officers authorised to undertake audits under section 65 of the West Bengal Goods and Services Tax Act, 2017, exercising powers under section 5(1) read with clause (91) of section 2; the administrative order specifies assistance within respective jurisdictions and takes immediate effect.
Authorisation of officers to undertake Audit under section 65(1) of WBGST Act, 2017
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Authorisation for Audit under section 65 empowers specified State Tax officers to conduct jurisdictional GST audits.
Specified ranks of State Tax officers-Additional Commissioner, Senior Joint Commissioner, Joint Commissioner, Deputy Commissioner and Assistant Commissioner-posted at any Circle, Charge or Large Taxpayer Unit are authorised to undertake Audit under section 65(1) of the West Bengal GST Act within their respective jurisdictions; the order supersedes a prior order, excludes officers appointed as Appellate Authority under section 107, and is deemed effective from the earlier order's commencement.
Import of Sajji Khar/ Pappad Khar.
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Food not specified classification allows import of Sajji Khar/Papad Khar without product approval, subject to contaminant testing.
Imported consignments of Sajji Khar/Papad Khar shall be considered food not specified until standards are notified and therefore do not require product approval under the Approval of Non-specified Food Regulations; such consignments must be tested and comply with contaminant and residue standards, including heavy metal limits, and officers must be sensitized to apply these testing and clearance measures.

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