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Circulars
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SGSTDK- Covid -19 – Personal Hearing under various Statutes – Streamlining of Procedures – Video Conferencing option for Personal Hearing- Instructions issued
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Video conferencing personal hearings enabled for tax proceedings, with emailed notices, ID requirements and an electronic record requirement.
Personal hearings under SGST proceedings will be conducted by video conferencing with notices served by email and advance communication of meeting links and assistance contacts. Representatives must file scanned vakalatnama and photo ID by official email; hearings use approved VC applications and departmental VC facilities. Oral submissions will be reduced to a written "record of personal hearing," emailed as a PDF within one day; parties may amend and return the signed record within three days or be deemed to have accepted it. The emailed record is recognised under the Information Technology Act, 2000.
25/2020 - 25-06-2020 Companies Law
Clarification on CSR contribution to PM CARES Fund
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CSR contribution to PM CARES Fund: amendment to Schedule provisions renders prior office memorandum redundant and superseded.
The circular confirms that the amendment to Schedule VII of the Companies Act is deemed to have come into force on 28 March 2020, and accordingly the Office Memorandum CSR-05/1/2020-CSR_MCA dated 28.03.2020 is redundant and stands superseded.
Guidelines for Order-to-trade ratio (OTR) for Algorithmic Trading
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Order-to-trade ratio limits for algorithmic trading: higher OTR slabs allowed with deterrent penalties and temporary cooling-off.
SEBI allows stock exchanges to introduce higher OTR penalty slabs with deterrent incremental penalties and requires a cooling-off measure whereby a member recording three instances of OTR at or above the higher threshold within a rolling thirty-day period is prohibited from placing orders for the first fifteen minutes of the next trading day; exchanges must amend their byelaws, rules or regulations as needed.
Further extension of time for submission of financial results for the quarter/half year/financial year ending 31st March 2020 due to the continuing impact of the CoVID-19 pandemic
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Extension of filing deadline for listed entities' financial results due to COVID-19; regulator grants further compliance relief.
The timeline for submission of quarterly and annual financial results for the period ending 31 March 2020 under the Listing Obligations and Disclosure Requirements is extended by one month; the same extension applies to entities with listed non convertible debt instruments and similar securities for half yearly and annual submissions. The circular takes immediate effect and stock exchanges are directed to notify and disseminate the extension, issued under the regulator's statutory powers and applicable listing regulations.
Renewal of appointment of M/s. Seabird Marine Services Pvt. Ltd. as ‘Custodian’
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Custodian appointment renewed: custodian and CCSP status maintained subject to regulatory compliance and AEO-linked bank guarantee terms.
Renewal appoints M/s. Seabird Marine Services Pvt. Ltd. as Custodian and as Customs Cargo Services Provider under the Customs Act and HCCAR 2009, reaffirming custody of imported goods until clearance, warehousing or transshipment and custody of export cargo for examination and stuffing. The renewal is conditional on compliance with the Customs Act and HCCAR 2009, a fixed five-year term, a bank guarantee waiver tied to the CFS's AEO-LO accreditation (with obligation to furnish a bank guarantee if AEO status lapses), and the Commissioner's right to review or revoke approval for non-compliance or governmental direction.
Paperless Customs — Electronic Communication of PDF  Based Copies of Shipping Bill & e-Gatepass to Custom  Brokers/ Exporters
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Paperless Customs: digital Shipping Bill and e Gatepass with tamper proof QR to replace printouts, and mandatory e Sanchit upload enforced.
Customs shall electronically transmit PDF Final LEO copies of the Shipping Bill and e Gatepass PDFs to registered exporters and customs brokers, replacing routine printing and physical dockets. The Final LEO PDF will include a digitally signed, encrypted QR code with key shipment details and a version number; custodians must integrate with ICEGATE or register. e Gatepass PDFs will carry summary logistics details and QR codes for the document and each container/package. All supporting export documents must be uploaded to e Sanchit; exceptional printouts require Commissioner approval.
Paperless Customs — Electronic Communication of PDF
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Paperless customs: electronic Shipping Bill and e Gatepass PDFs with secure QR codes replace routine printed copies.
Electronic transmission replaces routine printing: the Directorate General of Systems will email the Final LEO PDF and the e Gatepass PDF to registered exporters and customs brokers. Each PDF carries a digitally signed, encrypted QR code with key shipment details and a version number for authenticity checks; e Gatepass PDFs include both document-level and package/container-level QR codes. LEO messages are sent to ICEGATE integrated custodians, all supporting documents must be uploaded to e Sanchit, and exceptions for printing require approval by the relevant Commissioner.
Payment of GST by real estate promoter/developer supplying construction of residential apartment etc, on the shortfall value of inward supplies from registered supplier at the end of the financial year
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GST compliance for construction services: developers must pay tax on procurement shortfalls using the prescribed electronic form.
Tax liability arises where a promoter/developer fails to procure the prescribed portion of inputs and input services from a registered supplier for construction of residential apartments; such shortfalling value is taxable and must be paid electronically on the common portal using Form DRC-03 within the period prescribed for the quarter following the financial year.
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 and conditional late fee waivers extend relief for delayed GST returns under amended notifications.
The circular explains amended notifications that alter interest and late-fee relief for delayed GST returns: for taxpayers above the aggregate turnover threshold a brief nil-interest grace period is followed by a reduced interest rate until a cut-off date and then the normal rate; for taxpayers below the threshold extended nil-interest windows and a subsequent reduced rate apply until a later cut-off date. The waiver of late fee is conditional on filing FORM GSTR-3B by specified dates, otherwise late fee is payable from the original due date until filing.
Temporary relaxation in processing of documents pertaining to FPIs due to COVID-19
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Temporary relaxation in FPI document processing extended under regulatory authority; DDPs and custodians must notify clients.
Temporary relaxation in processing of documents pertaining to FPIs is extended to August 31, 2020, with all other terms and conditions of the March 30, 2020 circular remaining unchanged; DDPs and custodians are required to notify their FPI clients and to continue applying the authorized relaxed document acceptance and verification measures under the regulator's powers to protect investors and accommodate AML record keeping flexibility.
Operational framework for transactions in defaulted debt securities post maturity date/ redemption date under provisions of SEBI (Issue and Listing of Debt Securities) Regulations, 2008
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Defaulted debt securities: transactions permitted after issuer or debenture trustee intimation, with mandatory disclosure and timelines.
Issuers must promptly intimate payment status of debt securities; Stock Exchanges suspend trading two working days before redemption and Depositories restrict transfers on and after maturity until status is determined. If issuers do not notify, Debenture Trustees shall assess and report payment status within nine working days of maturity. Upon intimation of default, Depositories and Exchanges shall lift restrictions within two working days, flag the ISIN as "ISIN-defaulted in redemption," disseminate the status, permit reporting of OTC trades with explicit default warnings, and notify account holders of the defaulted status.
Paperless Customs — Electronic Communication of PDF Based Copies of Shipping Bill & e-Gatepass to Custom Brokers/Exporters
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Paperless customs: Electronic Shipping Bill and eGatepass PDFs with secure QR verification replace routine physical printouts for exporters.
Directs exclusive electronic transmission of the PDF Final LEO copy of the Shipping Bill and the eGatepass to registered exporters and customs brokers, discontinuing routine printing and physical dockets. The Final LEO PDF will carry a digitally signed, encrypted QR code with key shipment details and a version number verifiable via ICETRAK and ICEGATE. The eGatepass PDF will include summary logistics details and separate QR codes for the document and for each container/package. All supporting export documents must be uploaded to eSanchit; exceptions for printouts require Principal Commissioner approval.
Paperless Customs – Electronic Communication of PDF Based Copies of Shipping Bill & e-Gatepass to Custom Brokers/Exporters
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Paperless Customs: digital Shipping Bill and e-Gatepass PDFs with secure QR verification replace mandatory physical printouts for exporters.
Digital Final LEO PDFs and e-Gatepass PDFs will be electronically transmitted to registered exporters and customs brokers in place of routine printouts; the Final LEO PDF contains a digitally signed, encrypted QR code with key shipment details and a version number verifiable via ICETRAK and ICEGATE. e-Gatepass PDFs include document-level and container/package-level QR codes for movement verification. Custodians must register with ICEGATE to receive LEO messages. All supporting export documents must be uploaded to eSanchit, and exceptional printouts require Commissioner-level approval.
Paperless Customs —Electronic Communication of PDF Based Copies of Shipping Bill & e-Gatepass to Custom Brokers/Exporters
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Paperless customs: electronic PDF Final LEO and e-Gatepass with secure QR verification replace printed shipping documents.
With effect from 22.06.2020 the digital PDF of the Final Let Export Order (LEO) copy of the Shipping Bill will be electronically sent to registered exporters and brokers, replacing printed exporter copies and physical dockets; the PDF will include a digitally signed, encrypted QR code with key shipping details and a version number to verify authenticity and recency, and custodians integrated with ICEGATE will receive LEO messages.
Paperless Customs — Electronic Communication of PDF Based Copies of Shipping Bill & e-Gatepass to Custom Brokers/Exporters
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Paperless customs: electronic PDF Shipping Bill and e Gatepass with verifiable QR codes replacing physical printouts for export movement.
Paperless Customs requires electronic transmission of the PDF Final LEO of the Shipping Bill and the e-Gatepass to registered exporters, customs brokers and integrated custodians, replacing routine printing and physical dockets. The Final LEO PDF will bear a digitally signed, encrypted QR code and a version number for authenticity and currentness verification via the designated app and ICEGATE. The e-Gatepass PDF will include logistics summaries and two QR code types (document-level and container/package-level) to control movement; custodians must integrate with ICEGATE and all supporting documents must be uploaded electronically.
Conducting meeting of unitholders of InvITs and REITs through Video Conferencing (VC) or through other audio-visual means (OAVM)
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Virtual unitholder meetings permitted; framework ensures two-way participation, remote e-voting, transcript publication and safeguards.
InvITs and REITs may hold unitholder meetings via video conferencing or other audio visual means under a specified procedural framework: maintain and upload meeting transcripts; ensure two way participation with capacity for at least one thousand unitholders or actual unitholder count; provide remote e voting before the meeting and e voting during the meeting for eligible present unitholders; chairperson to record that reasonable efforts were made to enable participation; at least one independent director and the auditor or authorised representative must attend; notices must disclose access instructions, e voting procedures for unregistered email holders, helpline details, and be posted on the InvIT/REIT website and stock exchanges where listed.
Writ petitions filed in various High Court(s) related to transitional provisions in GST
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Transitional input tax credit: statutory concession subject to prescribed time and manner; limited portal error relief via IT grievance process.
The GST Policy Wing directs field formations to adopt its consolidated position that transitional CENVAT/input tax credit is a statutory concession subject to prescribed time and manner; Rule 117 and Rule 120A are valid rule making exercises under the CGST Act; limited relief for non filing due to portal technical difficulties is available through the IT Grievance Redressal mechanism based on system logs; cesses are not eligible for transition; and CVD/SAD paid on conditional imports are not admissible as input tax credit under Section 142(8)(a).
Reference form DGGI on Cross empowerment under GST
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Cross-empowerment of tax officers confirms central and state officers may act as proper officers unless conditions are imposed.
Officers appointed under the State GST Acts and the Central GST Act are authorised to be proper officers for purposes of the respective Acts without a separate notification where no conditions are imposed; a notification is required only to specify conditions limiting or qualifying that cross-empowerment, and subordinate legislation can only impose such conditions, not expand the statutory authority.
Constitution of regular panel of Senior/Junior Standing Counsels for handling cases of Indirect taxation of CBIC before the various High Courts and other fora; Renewal/Fresh appointment of Counsels
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Extension of counsel panel for indirect taxation maintains current standing counsels until a fresh panel is constituted.
The existing panel of Senior and Junior Standing Counsels for indirect taxation matters before High Courts and other fora is provisionally extended, with ministerial approval, for a short specified period pending constitution of a fresh panel; administrative units handling Central GST, Central Excise and Customs are notified to continue engagements under existing terms until the new panel is formed or the extension expires.
Clarification in respect of apportionment of input tax credit (ITC) in cases of business reorganization under section 18 (3) of BGST Act read with rule 41(1) of BGST Rules - reg.
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Input tax credit apportionment in business reorganisations follows State-level asset ratios and aggregate credit transfer through prescribed filing.
In a demerger, input tax credit is apportioned by the ratio of assets transferred to the assets of the relevant State-level unit, with all business assets included in asset value. The formula applies to aggregate unutilised credit, including central tax, State or Union territory tax, integrated tax and cess, and also extends to partial business transfers with liabilities. The asset ratio is determined on the appointed date of demerger and applied to the electronic credit ledger balance on the date FORM GST ITC-02 is filed.

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