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Circulars
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Procedure for replying to query or for submitting addition documents for a Bill of Entry
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Supporting document addition: upload to eSanchit, generate IRN and file ICEGATE amendment so officer can view.
To add supporting documents to a Bill of Entry, upload the documents to eSanchit and generate IRN(s), then file an amendment to the Bill of Entry (online via ICEGATE or through the Service Centre) to tag those documents; additions are auto-approved while deletions require officer approval, and query replies should be sent only after completing the upload-and-amendment steps so officers can view the documents.
Circular for Advisory for Financial Sector Organizations regarding Software as a Service (SaaS) based solutions
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SaaS-based GRC solutions risk cross-border exposure; keep critical financial data within India and report compliance accordingly.
Advisory warns that SaaS use for GRC can move critical risk and compliance data beyond India's jurisdictions and advises keeping such data within India, using layered defence and continuous monitoring under direct control and supervision, and reporting compliance via half-yearly filings to exchanges/depositories and direct undertakings to the regulator; the advisory is effective immediately.
Creation of Security in issuance of listed debt securities and ‘due diligence’ by debenture trustee(s)
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Creation of Security: trustees must verify and certify security creation and due diligence before listing of debt securities.
Issuers must provide detailed documents and consents at the time of entering into the debenture trustee agreement, including title deeds, registration evidence, consents/NOCs from existing charge holders, guarantee documentation and depository pledging undertakings. Debenture trustees shall independently perform due diligence-verifying registrations, conditional consents, guarantor financials, and commissioning valuation, title and ROC searches-and issue prescribed due diligence certificates at draft filing and prior to listing. Charges must be created, debenture trust deeds executed, and charges registered with relevant registries within the stipulated period; listing is conditional on receipt of the trustee's listing-stage due diligence certificate.
Schemes 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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Schemes of Arrangement compliance: stock exchanges must verify filings and issue no-objection before SEBI referral and listing.
Stock exchanges must verify compliance with securities laws before referring draft schemes to the Board. Listed entities must furnish an Audit Committee report addressing rationale, need, synergies, shareholder impact and cost-benefit analysis; a Committee of Independent Directors' report confirming no detriment to shareholders; and a valuation by a Registered Valuer. Exchanges must issue a consolidated No-Objection letter before the Board provides comments, and transferee entities must complete simultaneous listing and prescribed disclosures, including restated audited financials, shareholding patterns, risk factors and litigations, prior to commencement of trading.
Manufacturing and other operations undertaken in bonded warehouses under Section 65 of the Customs Act, 1962- certain clarifications
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Job work in bonded warehouses clarifies allowable removals, procedures and duty treatment for inputs and capital goods.
Only inputs may be sent from a Section 65 unit for job work; capital goods may be sent out only for repair with bond officer permission. Job work requires initial deposit and accounting in the Section 65 premises, maintainable identity of goods, and on completion goods may return to the unit or be exported/cleared from the job worker's premises with removal date deemed as warehouse removal; scrap must be returned or cleared on duty payment. Moulds, tools and similar items may be sent for exclusive use by the job worker, with GST-aligned timelines and continued bond obligations; violations trigger duty, interest and penalties.
Scheme for Rebate of State Levies (RoSL)
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Rebate of State Levies converted into electronic duty credit scrips by DGFT usable for payment of customs and central excise duties.
Pending Rebate of State Levies (RoSL) claims that could not be paid due to budget limitations will be granted by DGFT as electronic duty credit scrips on the lines of RoSCTL. These scrips will be freely transferable and may be utilised for payment of specified Customs and Central Excise duties as notified. DGFT regional authorities are responsible for recovery of any excess benefits and a DGFT nodal officer has been designated to receive reports of misuse; public notices and standing orders should be issued for guidance.
Condonation of delay under section 119(2)(b) of the Income-tax Act, 1961 in filing of Form No. 10BB for Assessment Year 2016-17 and subsequent years
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Condonation of delay in filing audit report for exemption claims: commissioners may admit belated applications subject to reasonable cause.
Commissioners of Income-tax are authorized to admit belated applications for condonation of delay in filing Form No. 10BB where the applicant establishes they were prevented by reasonable cause. Failure to furnish Form No. 10BB electronically with the return disentitles the entity from claiming exemption. Commissioners must dispose of earlier-year applications by the stated administrative deadline, and may admit applications for later years where delay is within the prescribed one year period and decide on merits.
Opening of Current Accounts by Banks - Need for Discipline
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Current account discipline deadline extended pending operational FAQs; banks must comply with applicable instructions as clarified.
The Reserve Bank extended the deadline for banks to comply with the Para 4 operational requirements on maintenance of current and CC/OD accounts, pending issuance of a clarifying FAQ addressing banks' operational queries. Banks must meet the applicable instructions by the extended compliance date, and all other directions of the August 6, 2020 circular remain unchanged.
Consolidated list of default authorized operations which can be undertaken by the developer/approved co-developer by default from the date of notification
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Authorized SEZ developer operations: office space provision for regulatory and security authorities permitted by default.
The Instruction replaces entry 10 of the Annexure to prior guidance, authorising developers and approved co-developers by default to provide office space for the Development Commissioner, Customs, IFSC Authority, security personnel and State Government staff within Special Economic Zones, thereby treating such accommodation as a routine developer-authorised operation.
Clarification relating to application of sub-rule (4) of rule 36 of the APGST Rules, 2017 for the months of February, 2020 to August, 2020
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Cumulative application of rule 36(4) limits input tax credit claims; excess credit must be reversed in the September return.
Clarification directs taxpayers to cumulatively reconcile ITC claimed in FORM GSTR 3B for February-August 2020 with supplier uploaded invoice details available up to the due date of FORM GSTR 1 for September 2020, ensuring cumulative ITC availed does not exceed 110% of cumulative eligible credit reflected in supplier uploads; any excess must be reversed in Table 4(B)(2) of FORM GSTR 3B for September 2020, subject to the overall credit limits under section 16 of the APGST Act.
Clarification in respect of various measures announced by the Government for providing relief to the taxpayers in view of spread of Novel Corona Virus (COVID- 19)
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Reduced GST interest rates provide staged relief and conditional late-fee waivers for specified tax periods under revised notifications.
Notifications amend earlier reliefs by prescribing staged interest relief for specified GST tax periods: for taxpayers above Five Crore aggregate turnover an initial zero-interest window followed by a reduced interest rate until the notified cut-off after which normal interest applies; for taxpayers below Five Crore a longer zero-interest window followed by reduced interest until the end of the relief period and normal interest thereafter. The notifications also conditionally waive late fee where returns are filed by prescribed dates, with late fee otherwise payable from the original due date until filing.
Clarification in respect of levy of GST on Director’s remuneration
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GST on director remuneration: non-employee directors' fees attract reverse charge; salary components remain exempt under Schedule III.
For directors who are not employees, remuneration is taxable and the company must discharge GST under reverse charge. For directors who are employees, amounts treated as salaries and subjected to salary TDS are not taxable under Schedule III, while components separately treated and subjected to TDS as professional or technical fees are taxable and subject to reverse charge by the company.
Clarification on refund related issues
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Refund of accumulated input tax credit restricted to supplier uploaded invoices; imports, ISD and reverse charge credits remain admissible.
Refund of accumulated Input Tax Credit (ITC) is restricted to ITC supported by invoices uploaded by the supplier in FORM GSTR-1 and reflected in the applicant's FORM GSTR-2A; refunds based on invoices not so reflected are not admissible. This restriction does not alter the refund treatment for ITC on imports, ISD credits, or inward supplies subject to reverse charge, which continue under the prior practice.
Clarification in respect of certain challenges faced by the registered persons in implementation of provisions of GST Laws
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IRP/RP GST registration requirement clarified; exceptions for non defaulting corporate debtors and changes treated as authorized signatory.
Clarification amends the IRP/RP GST registration procedure to extend the time for obtaining separate registration and provides that corporate debtors who have furnished FORM GSTR 1 and FORM GSTR 3B for all tax periods prior to IRP/RP appointment need not obtain a fresh registration; changes in IRP/RP after initial appointment are to be treated as changes of authorized signatory. The circular also extends the merchant exporter 90 day export requirement and the due date for filing FORM GST ITC 04 for the March quarter in line with COVID period time limit relief.
Procedure for import of Potatoes, till 31.01.2021, under TRQ Scheme
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Tariff rate quota for potato imports requires online ANF application; allocations discretionary and port arrival deadline enforced.
Imports of potatoes are permitted under a tariff rate quota at a specified in-quota tariff rate for the announced period; consignments must arrive by the scheme closing date. Applicants must file online using the prescribed ANF form, pay the application fee per the Appendices, submit only one application per IEC, and accept that the DGFT may revise allocations and will not accept hard-copy submissions.
Serving of copy of the application to the Board, as mandated under Rules 4, 6 and 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016
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Serving copy of application to the Board required; online submission issues an acknowledgement to be quoted when filing.
Applicants initiating corporate insolvency resolution must serve a copy of the application on the Insolvency and Bankruptcy Board of India prior to filing with the Adjudicating Authority. The Board's website provides an online submission facility using the Annexure A format and Annexure B guide; applicants upload a scanned PDF of the application and, on submission, receive an acknowledgement ID which must be quoted when filing and for all references with the Board.
Deletion of Standard Input-Output Norms (SION) No. A-468 of Chemical & Allied Product Group
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Deletion of Standard Input Output Norms removes duplicate export norm entry, retaining the more precise norm with immediate effect.
Deletion of Standard Input Output Norms A 468 is enacted under Paragraph 1.03 of the Foreign Trade Policy, 2015-20, removing a duplicated export norm entry for 4,4 Diamino Diphenyl Amine 2 Sulphonic Acid because the norms at the retained entry (A 465) are more precise; SION A 468 is deleted with immediate effect to consolidate the applicable SION.
Linking/Registration of IECs in the new revamped DGFT Online environment
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Linking of IECs requires user IDs with OTP and IEC authentication via Aadhaar e-sign or DSC for access to DGFT digital services.
IEC holders must create user-based login IDs with mobile and email OTP verification, then link those IDs to their specific IECs by authenticating via Aadhaar e-sign of the proprietors/directors/partners/Karta listed on the IEC or by using a Class-II/Class-III Digital Signature Certificate (individual, organization-based matching the IEC, or IEC-embedded DSC). After linking, complete IEC auto-validation using 'Modify IEC' and update profile details through 'Manage Profile'; profile updates are automatic and fee-free. Help manuals, FAQs and support channels are provided on the DGFT website.
Submission of data to RoDTEP Committee
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RoDTEP data submission required so refund rates can be determined for affected export product groups under the scheme.
A trade notice requires exporters, export promotion councils and industry associations to submit formatted export data to the RoDTEP Committee so the Committee can determine refund rates under the Remission of Duties and Taxes on Exported Products scheme; failure to provide required data may lead to non-notification of rates for affected product groups. The notice specifies the online data format source, email addresses for submission, and a departmental contact for clarifications.
Clarifications in respect of the Direct Tax Vivad se Vishwas Act, 2020
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Vivad se Vishwas payment extension permits late payment without additional amount following timely filing and certificate issuance.
The circular clarifies that declarants who file a declaration under the Vivad se Vishwas Act on or before the notified filing deadline shall, when issued a certificate by the designated authority, be allowed to make payment without additional amount by the extended payment deadline, notwithstanding the statutory requirement to pay within fifteen days of receipt of the certificate; designated authorities are directed to reflect this concession when issuing certificates to prevent undue hardship.

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