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Minutes of the 107th meeting of the Board of Approval for SEZ held on 25th November, 2021 to consider setting up of Special Economic Zones and other miscellaneous proposals
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Extension of Letters of Approval and co-developer approvals granted, subject to standard SEZ Act conditions and lease period instructions.
Approvals granted for extensions of Letters of Approval for multiple SEZ units, and for co-developer statuses permitting provision of infrastructure and management services under executed co-developer agreements; approvals and cancellations of co-developer LoAs were made subject to statutory compliance and Lease cum Development Agreements. A developer's area increase was approved conditionally, and industrial licences for manufacturing units were authorised with conditions on technology, pollution control, input sourcing, export obligation, and prescribed security and monitoring measures.
Guidelines under sub-section (4) of section 194-O, sub-section (3) of section 194Q and subsection (1-I) of section 206C of the Income-tax Act, 1961
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TDS on e commerce transactions clarified: e auctioneers exempt if only price discovery, buyers/sellers must follow withholding rules.
The circular clarifies that e commerce operator deduction applies to operators facilitating sales through their digital platforms, but does not apply to e auctioneers that only perform price discovery and have no role in facilitating sale or payment provided six specified factual conditions are met; buyer deduction and seller collection obligations remain independently applicable. It further instructs that separately invoiced non GST levies may be excluded from the taxable base when deduction is at credit stage, but full amounts are subject to deduction on payment basis, and confirms that statutory collection exemptions do not preclude buyer deduction where its conditions are satisfied. Government departments not carrying on business do not qualify as buyers for buyer deduction purposes, while other government entities with business activities do.
Amendment of Order No. 04/ WBGST / PRO/ 2021 regarding authorisation of “Revisional Authorities”
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Revisional Authority designation updated: the named official in the prior GST administrative order is substituted with immediate effect.
The order amends a prior administrative GST order by substituting the name in the Table at serial 14, column (2), replacing the previously listed official with a new appointee. The change is made under powers granted by the West Bengal GST Act and related definition clauses and takes effect immediately, serving solely to update the designated Revisional Authority in the specified order.
Amendment of Order No. 03/ WBGST / PRO/ 2021 regarding authorisation of “Appellate Authorities”.
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Appointment of Appellate Authorities: amendment adds officers with specified jurisdiction and retrospective commencement of authority.
Amendment designates additional Appellate Authorities by inserting four officers with specified designations and jurisdictional circles into the existing order, formalizing their authorization to exercise appellate functions; the order is declared to have retrospective effect, thereby conferring operative appellate authority and jurisdictional assignment to the newly listed officers.
Norms for Silver Exchange Traded Funds (Silver ETFs) and Gold Exchange Traded Funds (Gold ETFs).
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Silver ETF norms establish investment, valuation, disclosure and liquidity rules to align ETFs with physical silver performance.
Regulatory norms require Silver ETFs to replicate returns of physical silver by investing the majority of net assets in silver and silver related instruments, with physical metal meeting prescribed good delivery standards and valuation rules; derivative exposure is permitted under an AMC board approved policy and within cumulative exposure limits. NAV calculation, daily disclosure, benchmarking to a silver spot reference, disclosure and monitoring of tracking error and tracking difference, market making arrangements for liquidity, dedicated fund manager requirements, and half yearly auditor verification of physical silver are mandated, with parallel norms specified for Gold ETFs.
Import of teas from the neighbouring country (Nepal) as "Darjeeling Tea"
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Import certification requirement: tea from neighbouring country must have food-safety, sanitary and tea-council clearances before entry.
Imports of tea from Nepal marketed as "Darjeeling Tea" require statutory import clearance under the food safety import regime and mandatory sanitary and phytosanitary documentation; importers must hold licenses under the Tea Distribution and Export Control Order and obtain a Tea Council clearance certificate, all of which Customs must insist on before permitting entry.
Direction under Section 16 (5) of Food Safety and Standards Act, 2006 regarding extension of validity of the NOC for the Alcoholic Beverages Bottled in Origin & in Bulk
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Extension of NOC validity for certain imported alcoholic beverages permits revalidation after prolonged port storage upon inspection.
For imported alcoholic beverages bottled in origin and in bulk without an expiry date and containing more than ten percent alcohol, the Food Authority has directed that the NOC under the FSS (Import) Regulations, 2017 shall be valid for 300 days; consignments beyond that period may be re validated by conducting visual inspection at ports/customs upon payment of the visual inspection fee, the direction being issued under Section 16(5) of the FSS Act and valid until further orders.
Filing of list of stakeholders under clause (d) of sub-regulation (5) of regulation 31 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
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Filing of stakeholders lists must omit identification numbers; revised format to be filed within three days.
The circular removes the "Identification No." column from the stakeholder list format used for filings on the Board's electronic platform to prevent disclosure of sensitive personal information such as Aadhaar or PAN. Insolvency professionals must file the revised stakeholder list or any modification thereof on the electronic platform within three days of preparation. All other filing requirements and the prior circular's provisions remain unchanged except for this modification.
Filing of list of creditors under clause (ca) of sub-regulation (2) of regulation 13 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
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Filing of creditor lists must omit identification numbers; revised format to be filed within three days.
The Circular removes the "Identification No." column from the creditor list filing format to prevent publication of Aadhaar, PAN and other sensitive identifiers, and requires insolvency professionals to file the revised list or any modification on the Board's electronic platform within three days of its preparation, while other requirements of the earlier circular continue to apply.
Clarification on certain refund related issues
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Refund of excess electronic cash ledger: no time limit; unjust enrichment not required; deemed export refund tied to supplier return.
Refunds of excess balance in electronic cash ledger are not subject to the time limit in section 54(1) and do not require unjust enrichment certification. TDS/TCS credited to the electronic cash ledger is equivalent to cash and may be used or refunded as excess balance after discharge of dues. For supplies regarded as deemed exports, the relevant date for refund claims is the date the supplier furnishes the return relating to those supplies.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification 14/2020- State Tax dated 27th March, 2020
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Dynamic QR code exemption where foreign recipient pays for India-supplied services via RBI-approved payment modes, including rupees where permitted.
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 Indian rupees wherever permitted by the RBI, such invoice may be issued without a Dynamic QR Code because the recipient located outside India cannot use such a dynamic QR code for making payment.
Segregation and Monitoring of Collateral at Client Level – Extension of timeline
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Segregation and monitoring of collateral: implementation timeline extended, deferring remaining provisions until end of February 2022.
SEBI deferred the effective date for the remaining provisions of its July 20, 2021 circular on segregation and monitoring of collateral at client level: Paragraphs 4 and 5 remain effective from October 1, 2021, while the other provisions are postponed to late February 2022, and the revised timeline applies to recognized clearing corporations and recognized stock exchanges under SEBI's regulatory powers.
Disclosure of Complaints against the Stock Exchanges (excluding Commodity Derivatives Exchanges)/Depositories/Clearing Corporations
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Disclosure of complaints requires exchanges, depositories and clearing corporations to publish monthly complaint data publicly by the seventh.
Recognized stock exchanges (excluding commodity derivatives exchanges), depositories and clearing corporations must disclose monthly complaint data on their websites by the seventh of the succeeding month in the Annexure A format, including sources, carried forward, received, resolved, pending with ageing, and average resolution time; these disclosures, effective January 1, 2022, are additional to existing SEBI requirements and require amendments to bye-laws and reporting of implementation via the Monthly Development Report.
Non-compliance with certain provisions of SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 (“ICDR Regulations”)
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Non-compliance with ICDR Regulations: stock exchanges may vary fines if investor interests remain protected and reasons are recorded.
SEBI prescribes fines and compliance mechanisms for breaches of the ICDR Regulations and inserts a provision permitting stock exchanges to deviate from the prescribed framework where investor interests are not adversely affected, subject to recording reasons in writing; exchanges must notify listed entities and publish the circular on their websites.
Master Circular on (i) Scheme of Arrangement by Listed Entities and (ii) Relaxation under Sub-rule (7) of rule 19 of the Securities Contracts (Regulation) Rules, 1957
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Listing eligibility via scheme of arrangement: procedural, disclosure and investor protection conditions for listing without an IPO.
The circular consolidates SEBI's requirements for schemes of arrangement and applications under sub-rule (7) of rule 19 of the SCRR: listed entities must file draft schemes with a designated stock exchange and provide supporting documents (valuation by a Registered Valuer, fairness opinion, audited financials, auditor's certificate, compliance and complaints reports, unpaid dues report), disclose material information on websites, and secure e voting by public shareholders in specified cases; stock exchanges must forward documents to SEBI, which will comment after receiving no-objection letters, and additional conditions govern listing of NCRPS/NCDs and lock-in and disclosure obligations where a listed company merges into an unlisted transferee.
Publishing Investor Charter and Disclosure of Complaints by Merchant Bankers on their Websites
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Merchant bankers must publish Investor Charters and monthly complaint disclosures on their websites, category wise and consolidated.
SEBI requires all registered merchant bankers to publish on their websites an Investor Charter for each specified issuance and exit category and to disclose monthly, category wise and consolidated complaints data (per Annexure B) showing receipts, resolutions, pendency and average resolution time; Charters must state services, investor rights, procedural steps, timelines for each activity, grievance redressal contacts and escalation steps, and are supplemental to existing disclosure obligations.
Import of wireless equipment by Telecom Service Providers (TSPs) on the basis of self-declaration.
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Import of wireless equipment by TSPs permitted on self-declaration via Saralsanchar; Customs accept QR-verified certificates, cancellation for violations.
TSPs may import wireless equipment on the basis of self declaration via the Saralsanchar portal: submissions 30 days before port entry yield an immediate system generated certificate on payment of Rs. 500; submissions within 30 days require Rs. 5,000 and departmental authentication with issuance after 48 hours. Customs will accept and may QR verify these certificates; the facility is effective 15 November 2021. The certificate provides technical clearance only, is cancellable for violations or false declarations, and imports remain subject to DoT agreements, frequency assignments and WPC/WMO inspections.
Clarifications on Refund-Related Issues under the Uttar Pradesh Goods and Services Tax (UPSGST) Act, 2017
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Refund of excess electronic cash ledger: time limits and unjust enrichment certification not required; TDS/TCS credits refundable if unutilised.
The circular clarifies that the time limit in section 54(1) does not apply to refunds of excess electronic cash ledger balances; certification under Rule 89(2)(l)/(m) is not required as unjust enrichment is inapplicable; TDS/TCS credits in the electronic cash ledger are equivalent to cash, may be utilised from cash or credit ledger as chosen, and unutilised cash ledger balances are refundable 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's return relating to such deemed exports is furnished, applicable whether supplier or recipient files the claim.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification No. 429/XI-2-9(47)/17U.P.Act-1-2017-Order(107)-2020 dated 20th April, 2020
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Dynamic QR Code requirement relaxed where services billed to non resident recipients with RBI approved payments may omit QR.
Invoices issued to recipients located outside India for services whose place of supply is in India may be issued without a Dynamic QR Code where payment is received by the supplier through RBI approved modes, either in convertible foreign exchange or in Indian Rupees where permitted by the RBI, because the recipient located outside India cannot use the Dynamic QR Code.
Guidelines for disallowing debit of electronic credit ledger under Rule 86A of the UPSGST Rules, 2017
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Restriction on electronic credit ledger: debit may be disallowed where input tax credit is fraudulently availed or ineligible.
Rule 86A permits the Commissioner or an authorised officer, not below Assistant Commissioner, to disallow debit from the electronic credit ledger if there are reasons to believe-based on material evidence-that input tax credit has been fraudulently availed or is ineligible, on grounds such as invoices from non-existent suppliers, absence of receipt of goods or services, unpaid tax by supplier, claimant being non-existent, or lack of valid documents; the restriction must be proportionate, recorded in writing, communicated on the portal, and may be lifted on review.

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