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Clarification on issues wherein the goods are moved within the State or from the State of registration to another State for supply on approval basis
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Supply on approval: goods may move on delivery challan and invoice issued at delivery; inter-state movement attracts integrated tax.
Where goods are transported for supply on approval and invoice cannot be issued at removal, the supplier may move goods on a delivery challan (with an e-way bill where applicable) and issue the tax invoice upon delivery; goods carried from one State and supplied in another are treated as inter-state supplies attracting integrated tax.
Customs - Implementing Electronic Sealing for Containers by exporters under Self- Sealing procedure prescribed by Circular No.26/2017-Cus. Dated 1st July, 2017
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Electronic sealing for containers implemented; self sealing procedure enforced and nodal officer appointed for coordination and support.
Electronic sealing of export containers is to be implemented under the self-sealing procedure prescribed by Circular No.26/2017-Cus and further detailed in Circular No.36/2017; stakeholders are directed to follow the procedure and use the nominated nodal officer, Superintendent Ravi C., for coordination and to report any implementation difficulties to the customs office.
Clarification regarding approval of resolution plans under section 30 and 31 of Insolvency and Bankruptcy Code, 2016
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Shareholders' approval not required for resolution plans; Adjudicating Authority approval binds stakeholders and deems consent.
There is no requirement to obtain shareholders' or members' approval for a resolution plan during consideration under the Code; the resolution professional must ensure plans comply with applicable laws so they are legally implementable. A resolution plan approved by the Adjudicating Authority is binding on the corporate debtor and all stakeholders, and actions that would otherwise require shareholder/member consent are deemed to have been given upon such approval.
Acceptance of installation certificate under EPCG scheme by the RAs wherein installation certificate is submitted beyond 18 months
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One-time condonation for late EPCG installation certificates permitted with penalty and specified eligibility and documentary conditions.
One-time relaxation allows RAs to accept installation certificates under the EPCG scheme submitted beyond prescribed time on payment of a penalty of Rs. 5,000 per authorization, subject to conditions: capital goods were installed within eighteen months of import; bonafide reasons for delay are submitted; the certificate is filed by the substituted cut-off date; and the authorization is not under investigation or adjudication by any agency.
Onetime condonation of time period in respect of obtaining extension in Export Obligation period under EPCG Scheme
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Onetime condonation of delay permits belated EPCG export obligation extension requests subject to procedural compliance and fee.
Onetime condonation is allowed for delayed requests to extend the EPCG Export Obligation period when requests otherwise comply with procedural requirements; RAs may grant extensions in continuation of the original or extended expiry period under the Handbook of Procedures applicable on the date of authorization, subject to payment of an additional composition fee and fulfillment of all FTP and HBP conditions.
Onetime condonation of time period in respect of obtaining block-wise extension in Export Obligation period under EPCG Scheme
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One-time condonation for delayed EPCG export-obligation extensions allowed subject to additional fee and documentary conditions.
Regional Authorities may, on a one-time basis, condone delayed applications for block-wise Export Obligation extension under the EPCG scheme for authorizations issued from 1 September 2004, subject to payment of the regular composition fee plus an additional administrative surcharge and submission of installation certificate; the facility is available for otherwise in-order cases and excludes matters under investigation/adjudication or previously rejected by the EPCG committee, with alternative regularization by payment of proportionate duties and interest remaining available.
Order under section 119 of the Income-tax Act, 1961 in respect of extension of due date for filing of Country-by-Country Report for reporting accounting year 2016-17
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Country-by-Country Report due date extended for first reporting year; filing deadline moved to end-March under Section 286 framework
For the first reporting year, the government has extended the prescribed due date for furnishing the Country-by-Country Report for all assessees covered by the statutory furnishing obligation until 31st March, 2018, as an administrative order, while detailed rules and procedures for furnishing the report remain under consideration.
Clarification on issues wherein the goods are moved within the State or from the State of registration to another State for supply on approval basis.
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Supply on approval: goods moved on delivery challan may be invoiced on delivery; inter-state movements attract IGST.
Suppliers carrying goods for supply on approval may move goods on a delivery challan, with an e-way bill where applicable, and issue the tax invoice upon delivery when the supply is accepted; movements across States followed by supply are treated as inter-state supplies attracting Integrated Goods and Services Tax.
Importers, exporters, customs brokers and members of trade is invited to the Public Notice No. 11/2009 dated 09.03.2009
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Export proceeds compliance: exporters must file six month negative statements detailing unpaid or late realisations against shipping bills.
Exporters must submit separate six-month negative statements from Authorized Dealers/Chartered Accountants (January-June and July-December) showing export proceeds against specific shipping bills and indicating proceeds not realised or realised beyond Reserve Bank of India time limits; consolidated or blank "Nil" certificates are not acceptable and contravene customs and drawback compliance requirements.
Officer authorized for enrolling or rejecting application for Goods and Services Tax Practitioner.
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Officer authorization for GST Practitioner enrollment: Assistant or Deputy Commissioner may approve or reject enrolment applications.
The Assistant Commissioner/Deputy Commissioner having jurisdiction over the address declared in FORM GST PCT-1 is specified as the officer authorised to approve or reject applications for enrolment as Goods and Services Tax Practitioner; applicants may choose Centre or State as the enrolling authority and must indicate that choice on the form.
THE GOA GOODS AND SERVICES TAX (REMOVAL OF DIFFICULTIES) ORDER, 2017
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Composition scheme eligibility clarified: exempt interest and discount on loans excluded from aggregate turnover for qualification.
A person supplying goods and/or services referred to in clause (b) of paragraph 6 of Schedule II who also supplies exempt services, including services by way of extending deposits, loans or advances where consideration is interest or discount, shall not be ineligible for the composition scheme under section 10 if all other conditions are satisfied; in computing aggregate turnover for composition eligibility, the value of such exempt services (including interest or discount on deposits, loans or advances) shall be excluded.
Refund of IGST on Exports
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Refund of IGST on exports seminar to explain PFMS e PAO refund procedures to exporters and trade stakeholders.
Refund of IGST on exports will be processed via the PFMS portal through the e-PAO (GST-Refunds) mechanism; a seminar at ICD Mulund will explain the procedural steps, documentation and electronic payment flow to entitled exporters and trade stakeholders.
Registration of Government Departments, local bodies, Government under GST as per Section 22(1) and Section 25(6) of the Kerala State Goods and Services Tax Act 2017.
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Mandatory GST registration: government departments and local bodies must obtain institutional PAN and register under GST promptly.
Mandatory registration under the GST regime requires government departments, local bodies and other government institutions making taxable supplies to obtain an institutional PAN and apply for fresh GST registration under Section 22(1) and Section 25(6). The Drawing and Disbursing Officer must obtain a separate TDS registration based on a TAN for purposes of the TDS provisions.
Onetime relaxation for EO extension and clubbing of Advance Authorsations – reg.
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Extension of export obligation: one time relief permits regularisation of delayed exports subject to composition fee and conditions.
One time public notice allows time bound clubbing of Advance Authorisations issued under the 2002-2007 and 2004-2009 policies on filing ANF 4C, subject to RA processing and exclusions for misrepresentation, prior EODC/redemption or adjudication. It also permits one time extension of Export Obligation periods for authorisations under the 2002-2007 and 2004-2009 policies and certain pre cutoff 2009-2014 authorisations, regularising delayed exports without fee if within the original term and otherwise on payment of tiered composition fees, with strict filing, shipping bill and exclusionary conditions and prescribed deadlines.
Extension of Due Date for Filing Annual Return for FY 2016-17 under UP VAT Act, 2008
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Annual return filing deadline extended for FY 2016-17 under Uttar Pradesh VAT rules amid GST compliance pressures.
The filing of annual returns in Forms 52, 52A and 52B for financial year 2016-17 was delayed due to festival-related business disruption, concurrent GST filing requirements and requests from trade and practitioner bodies. In exercise of the power under the third proviso to Rule 45(7), the last date for filing the annual return for FY 2016-17 was extended to 31.12.2017, and field officers were directed to act accordingly and inform trade and advocate associations.
THE PUDUCHERRY GOODS AND SERVICES TAX (REMOVAL OF DIFFICULTIES) ORDER, 2017.
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Composition scheme eligibility clarified: exempt interest or discount on loans/deposits excluded from aggregate turnover for composition assessment.
Clarifies that a taxable person supplying goods and/or services covered by Schedule II who also supplies exempt services by way of interest or discount on deposits, loans or advances is not ineligible for the composition scheme if other conditions are satisfied, and that the value of such exempt supplies shall be excluded from aggregate turnover when determining composition eligibility.
Non-compliance of Sanitary and Phyto-Sanitary measures by Indian Exporters/Importers-reg.
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Sanitary and Phyto Sanitary compliance: exporters must obtain designated certificates or face suspension and penal action.
Exporters must ascertain importing country SPS requirements, obtain certificates from designated agencies and provide them with export documents; failure that brings complaints from importing countries can lead DGFT to call for records, issue notice, and suspend or cancel the Importer Exporter Code and invoke penalties or other legal measures.
implementation of Document Management System at Container Freight Stations/Inland Container Depot which are coming under the jurisdiction of Customs House, Tuticorin
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Document management system requirement mandates electronic scanning and coupon payment for customs dockets at Tuticorin port.
All Bills of Entry and Shipping Bill dockets filed at Tuticorin Custom House and St. John ICD on or after commencement will be scanned by a contracted vendor, stored electronically and physically at DMS centres, and require payment of a per docket DMS charge via a duplicate coupon which must be attached to the docket; cleared dockets are to be submitted to the respective DMS centres on the next working day under acknowledgement, after which the vendor will scan, endorse scanned page ranges and store the hard copies.
The validity period of duty credit scrips
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Duty credit scrip validity extended, increasing the usable period for eligible scrips while maintaining revalidation limits.
The Public Notice amends the Handbook of Procedures to extend the validity period of Duty Credit Scrips issued under Chapter 3 from the date of issue, requires scrips to be valid on the date of actual debit of duty, and maintains the prohibition on revalidation except as permitted under the specified HBP provision.
Clarification related to guidelines for establishing ‘Piace of Effective Management’ (PoEM) in India-reg.
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Place of Effective Management: routine regional headquarters global policy functions alone do not establish subsidiary residency in India.
Guidance clarifies that PoEM is presumed outside India if a company's board meetings are held mostly abroad, but PoEM will be in India if the board is effectively standing aside and management powers are exercised by a holding company or persons resident in India. Routine regional headquarters activities performed under general, group level global policy (payroll, accounting, HR, IT, supply chain, routine banking) do not by themselves constitute the board standing aside and will not establish PoEM for subsidiaries; GAAR may apply in cases of abusive tax planning.

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