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Circulars
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Allocation of additional quantity of 303 MT for export of raw sugar to USA under Tariff Rate Quota (TRQ) for the Fiscal Year 2021.
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Tariff rate quota allocation increased for raw sugar exports to USA, subject to existing TRQ conditions and reporting requirements.
An additional 303 MT of raw sugar has been allocated for export to the USA under the Tariff Rate Quota for fiscal year 2021, raising the total TRQ allocation to 8,727 MT. Exports under this TRQ are free but governed by the Nature of Restrictions in Notification No. 3/2015-20 and the reporting requirements of Public Notice No. 33/2015-20. Certificates of Origin, if required, will be issued by the Additional Director General of Foreign Trade, Mumbai, and other applicable certification requirements continue to apply.
Clarifications regarding amendment to SEBI (Alternative Investment Funds) Regulations, 2012
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Concentration norm for Category III AIFs now NAV-based, with passive breaches to be rectified within thirty days.
Category III AIFs may calculate the concentration norm for listed equity investments using the fund's NAV, defined as the sum of all securities values adjusted for mark to market gains/losses including cash and cash equivalents but excluding borrowed funds, with NAV measured on the business day before the investment. Passive breaches of the concentration limit must be remedied within 30 days. The amendment defines co investment by managers, sponsors or investors of Category I and II AIFs and requires investor co investments to be routed through a Co investment Portfolio Manager; custodian appointment is required where combined AIF corpus and co investment value exceed the regulatory threshold.
Disclosure obligations of listed entities in relation to Related Party Transactions
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Related party transaction disclosures: detailed audit committee review and shareholder disclosure, plus periodic reporting to exchanges under SEBI requirements.
Listed entities must provide audit committees with details for approval of related party transactions, including type, material terms, related party identity and relationship, tenure, value, turnover percentage (consolidated and subsidiary standalone where applicable), and, for loans/advances/investments, source of funds, nature, cost and tenure of indebtedness, terms and security, purpose of funds, justification of interest to the entity, and any valuation or external reports; audit committees must annually review long term or recurring RPTs, and entities must disclose RPTs to shareholders and to stock exchanges semiannually in the prescribed format.
Guidelines for disallowing debit of electronic credit ledger under Rule 86A of the HGST Rules, 2017
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Restriction on electronic credit ledger debits to prevent fraudulently availed or ineligible input tax credit, with procedural safeguards.
Rule 86A permits the Commissioner or an authorised officer to disallow debit of amounts from the electronic credit ledger where there are reasons to believe input tax credit was fraudulently availed or is ineligible on specified grounds (non-existent suppliers, non-receipt of goods/services, tax not paid to Government, claimant non-existent, or absence of documents). The officer must objectively evaluate evidence, record written reasons, limit the blocked amount to the prima facie ineligible credit, notify the registered person on the portal, and may restore credit if satisfied of eligibility; the restriction is time-limited.
Applications for allocation of Tariff Rate Quota (TRQ) under India - Mauritius CECPA for the year 2021-22.
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Tariff Rate Quota extension: deadline for India-Mauritius CECPA TRQ applications extended to end January, other modalities unchanged.
The Directorate General of Foreign Trade has amended condition (ii)(f) of Annexure III to Appendix 2A of Public Notice No. 31/2015 20, extending the last date for online submission of applications for allocation of Tariff Rate Quota (TRQ) under the India-Mauritius CECPA for the financial year 2021 22; all other modalities, including eligibility and allocation procedures for import authorization under the prior notices, remain unchanged.
De-Activation of IECs not updated at DGFT
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De-activation of IECs not updated leads to automatic re-activation once holders update their IECs online.
IECs not electronically updated as required will be de-activated in a phased exercise, with IECs not updated after 1 January 2014 scheduled for de-activation from 6 December 2021; IECs with pending online updation applications will be excluded, and any de-activated IEC may be automatically re-activated by the holder completing the prescribed online update, after which status will be transmitted to customs systems.
Clarification on certain refund related issues
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Refund of excess electronic cash ledger balances clarified; time limits, certification, TDS/TCS treatment and deemed export relevant date specified.
The circular instructs uniform application: the time limit in section 54(1) does not apply to refunds of excess electronic cash ledger balances, and Rule 89(2)(l)/(m) certifications required for unjust enrichment are not needed for such refunds. TDS/TCS amounts credited to the electronic cash ledger are treated as cash deposits, usable at the registered person's option, and any unutilized balance is 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 files the return for those supplies.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification 14/2020- Central Tax dated 21st March, 2020
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Dynamic QR Code requirement: invoices to nonresident recipients for supplies with place of supply in India may be QR exempt when paid via RBI approved modes.
Where a supplier issues an invoice to a recipient located outside India for services whose place of supply is in India, such invoice may be issued without a Dynamic QR Code if payment is received by the supplier in convertible foreign exchange or in Indian rupees where permitted by the Reserve Bank of India, because a dynamic QR code cannot be used by the overseas recipient to make payment.
Schemes of Arrangement by Listed Entities
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No Objection Certificate requirement now required for schemes of arrangement by listed entities, affecting filings and disclosures.
The addendum inserts a new requirement in Part I Para A 2(k): a No Objection Certificate (NOC) from lending scheduled commercial banks, financial institutions or debenture trustees must be included, and the amendment applies to all schemes filed with stock exchanges from the date of the circular; stock exchanges must notify listed companies and disseminate the circular.
Clarification on certain refund related issues
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Refund of excess electronic cash ledger balances is permitted without time bar and without unjust enrichment certification.
The circular clarifies that the time limit in section 54(1) does not apply to refunds of excess balances in the electronic cash ledger and that unjust enrichment certification under Rule 89(2)(l)/(m) is not required for such refunds; TDS/TCS credits credited to the electronic cash ledger are treated as cash and refundable if unutilized 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 files the return related to those supplies under Explanation (2)(b) to section 54.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code an B2C invoices and compliance of Notification 0812020- No. FD 03 CSL 2020 dated 27th March, 2020
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Dynamic QR code exemption applies where cross-border service payments are received via RBI-approved modes, including permitted Indian rupee payments.
Where the recipient of services is located outside India but the place of supply is in India, invoices to such recipients need not include a Dynamic QR Code if payment is received by the supplier in convertible foreign exchange or in Indian rupees where permitted by the Reserve Bank of India; CCT Circular No. GST-09/2021 is amended to substitute Entry No. 4 accordingly.
Assignment of Functions Related to GST Registration to State Tax Officers under the Rajasthan Goods and Services Tax Act, 2017
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GST registration functions are allocated among State Tax officers by territorial jurisdiction, taxpayer category and applicable pecuniary limits.
GST registration functions are assigned to designated State Tax officers under the Rajasthan Goods and Services Tax Act, 2017. Officers of Regular Circles or Wards handle registration applications and verification within their territorial jurisdiction. Joint Commissioners and Deputy Commissioners in Regular Circles handle registration of casual taxable persons and non-resident taxable persons undertaking supplies. Designated officers also handle amendment, cancellation and revocation of cancellation of registration, subject to territorial jurisdiction and applicable pecuniary limits. An Additional Commissioner (Administration) may reallocate work where the designated officer is unavailable.
Audit Para No. 501 to 5018 of Chapter V of Audit report no. 01 of 2021 of SCNs and Adjudication process in CBIC-reg.
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Adjudication timeliness: SCNs must be issued promptly and statutory timelines and call book reviews strictly enforced.
Once investigations conclude and draft show cause notices are prepared, SCNs must be issued promptly and statutory adjudication timelines strictly adhered to; reasons for any delay after personal hearings must be recorded. Transfer of cases to the call book requires Commissioner approval, formal intimation to noticees and monthly review by Commissioners to ensure timely retrieval. Full cooperation with audit parties is required, including production of records to verify procedural compliance, and authorities must strengthen monitoring of adjudication pendency through MPR mechanisms.
Clarification on certain refund related issues
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Refund of excess electronic cash ledger balance clarified; time limit and unjust enrichment do not apply, refundability affirmed.
Time limits for refund applications do not apply to refunds of excess electronic cash ledger balance; unjust enrichment certifications are not required for such refunds. TDS/TCS credited to electronic cash ledger is equivalent to cash and, if unutilized after discharging tax and other dues, is refundable as excess electronic cash ledger balance. For deemed export supplies, the relevant date for refund of tax paid is the date of the supplier's return relating to those deemed exports, regardless of who files the refund claim.
21/2021 - 17-11-2021 GST - States
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification 06/2020- State Tax dated 23rd March, 2020
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Dynamic QR Code exemption when service recipient is outside India and payment received via RBI approved modes permits invoice without QR.
Where the service recipient is located outside India but the place of supply is in India, and payment is received by the supplier through RBI approved modes (including Indian Rupees where permitted) or in convertible foreign exchange, the invoice issued to that recipient may be issued without a Dynamic QR Code; the prior circular's Entry No. 4 is substituted to reflect this position.
Clarification on certain refund related issues
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Refund of excess electronic cash ledger clarified: time limits and unjust enrichment rules do not apply, TDS/TCS balances refundable.
The Board clarifies that the time limit in section 54(1) does not apply to refunds of excess balances in the electronic cash ledger and that Rule 89(2)(l)/(m) certifications are unnecessary as unjust enrichment does not apply. TDS/TCS amounts credited to the electronic cash ledger are equivalent to cash deposits and unutilized balances may be refunded under the proviso to section 54(1) read with section 49(6). For deemed exports, the relevant date for refund is the date of filing of the supplier's return.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification 14/2020- Central Tax dated 21st March, 2020
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Dynamic QR code exemption: invoices to nonresident service recipients with in India place of supply may omit QR when paid via RBI approved modes.
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; the entry at S. No. 4 of Circular No. 156/12/2021 GST is substituted and modified accordingly.
Framework for Regulatory Sandbox
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Regulatory sandbox application requirements: CEO or authorised officer signature and specified submission channels required for eligibility.
Applicants must satisfy eligibility criteria in Annexure 1 and submit a complete application signed by the CEO or an officer duly authorised by the CEO or the compliance officer to the Market Intermediaries Regulation and Supervision Department at the prescribed postal address or by email to [email protected].
Schemes of Arrangement by Listed Entities
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Schemes of Arrangement compliance tightened: stock exchanges must vet filings and listed entities must provide valuation, NOC and default declarations.
Amendments require listed entities to provide a Valuation Report with an undertaking against intervening material events, a declaration of past defaults of listed debt obligations, and a No Objection Certificate from lending scheduled commercial banks/financial institutions. Fractional entitlements are to be aggregated by a trustee and sold within ninety days; Audit Committee and Independent Director certifications of shareholder compensation must be submitted within seven days. Stock exchanges must vet schemes before referral, ensure compliance, and report non-compliance quarterly to SEBI; false information may attract punitive action.
Regulations Review Authority (RRA 2.0) – Interim Recommendations – Withdrawal of Circular
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Foreign portfolio investment circular withdrawn under RRA 2.0 recommendations to simplify rules and reduce reporting burden.
The Reserve Bank, following interim recommendations of the Regulations Review Authority (RRA 2.0), has withdrawn A.P. (DIR Series) Circular No.6 dated July 16, 2015 on Foreign Investment in India by Foreign Portfolio Investors with immediate effect. The measure is part of a regulatory streamlining initiative to reduce compliance and reporting burdens, revoke obsolete instructions, and simplify dissemination and implementation; the directions are issued under statutory powers without prejudice to permissions required under other laws.

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