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Circulars
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Modification in Cyber Security and Cyber resilience framework of Qualified Registrars to an Issue and Share Transfer Agents (β€œQRTAs”)
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Cyber security obligations require registrars to classify critical systems, conduct VAPT and biannual cyber audits, and report compliance.
QRTAs must identify and classify critical assets-including systems with sensitive or PII data-and maintain an approved inventory; conduct VAPT (covering servers, networking and security devices) at least annually (or biannually for designated protected systems) using CERT In empaneled organisations; submit Technology Committee approved VAPT reports to SEBI within one month; remediate vulnerabilities immediately and report closure within three months; perform pre commissioning testing of critical systems; carry out biannual cyber audits and furnish an MD/CEO compliance declaration with audit reports; implement measures and report status to SEBI within ten days, effective immediately.
Modification to Standard Operating Procedure in the cases of Trading Member / Clearing Member leading to default
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Equitable distribution of client funds: priority full payment to smaller balances, remaining credits paid pro rata under supervised settlement.
The SOP amendment requires supervised settlement of client credit balances by using available member funds and market infrastructure unencumbered deposits, after dues and buffer maintenance. Payments begin with the smallest balances: amounts below a specified threshold paid in full where funds permit, amounts above that threshold paid pro rata from remaining funds. Market infrastructures may invoke bank guarantees, encash FDRs, net client balances across exchanges and settle in tranches. Members must provide proof of payment, exclude related parties by undertaking, indemnify market infrastructures against shortfalls, and allow client withdrawals by unconditional letter; implementation is required within a set timeline.
Regarding filing of online appeals against orders passed by enforcement units.
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Online GST appeals against Mobile Squad orders must now be filed and admitted through the appeal module only.
Online appeals against orders of Mobile Squad and Vigilance/Enforcement units are to be handled through the GST appeal module after jurisdictional linking on the GSTN system. Form GST APL-01 filed against orders under section 129 or section 130, including TEMP I.D. orders, will appear on the login of the concerned appellate authority. The earlier manual appeal arrangement stands superseded, and only online appeals are to be admitted. Appellate authorities must also upload Form GST APL-04 for earlier disposed appeals in the BO system.
04/2022 - 27-05-2022 Companies Law
Relaxation in paying additional fees in case of delay in filing Form 11 (Annual Return) by limited liability Partnerships up to 30th June, 2022
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Relaxation of additional-fee requirement lets LLPs file Form 11 without extra fees until the extended deadline for compliance.
LLPs may submit e-Form 11 (Annual Return) for the financial year 2021-2022 without payment of additional fees up to 30th June, 2022, as a compliance facilitation measure owing to the transition to MCA-21 version 3, per Ministry of Corporate Affairs approval.
Faceless Assessment - Measures for timely assessment of Bills of Entry by providing all the details at first instance -Efforts to reduce queries/compulsion to raise queries
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Faceless assessment requires complete, legible and linked Bill of Entry documentation to reduce queries and accelerate import clearance.
Faceless assessment of Bills of Entry requires complete initial disclosure of commodity description, brand, model and assessment-relevant specifications. Supporting technical literature, mandatory documents and certificates should be uploaded at the first instance. e-Sanchit uploads must be legible and linked to the relevant Bill of Entry, enabling assessing officers to examine the material and reducing avoidable queries and delays in assessment and clearance.
Minutes of the 110th meeting of the Board of Approval for SEZs held on 5th May, 2022 to consider setting up of Special Economic Zones and other miscellaneous proposals
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SEZ approvals: conditional extensions, co developer authorisations and area changes emphasising land contiguity and compliance.
The Board of Approval addressed ratification of prior minutes, monitored pending proceedings against a director linked to a developer, and processed requests under the SEZ Rules for extensions of LoAs, co developer approvals, setting up and expansion of SEZs, area additions, cancellations and sector reclassification. Extensions and area increases were conditioned on land contiguity and compliance; co developer approvals required execution of agreements and adherence to SEZ Act and Rules and tax/customs observations. A tobacco manufacturing industrial licence within an SEZ was authorised subject to technology, pollution, indigenous input and export only conditions.
Regarding feeding of action taken details and consequent revenue collection in the departmental module based on inputs received from IT tools (BIFA / Red Flag)
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IT tool based revenue monitoring requires mandatory entry of every action taken case in the departmental module.
Departmental officers were directed to use BIFA and Red Flag inputs for further scrutiny and action, and to ensure that every case involving action taken on such inputs, together with the amount deposited from 01-04-2022 onwards, is mandatorily entered in the Entry Module. Each zone's target for additional revenue collection through IT-based action is to be monitored only on the basis of MIS data, since discrepancies had been noticed between deposit details and the BO system MIS for Form DRC-03 payments.
Simplification of procedure and standardization of formats of documents for issuance of duplicate securities certificates
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Issuance of duplicate securities certificates: procedures simplified, documentation standardised, and dematerialisation made mandatory within 120 days.
Simplified, standardized procedure requires claimants to submit FIR/evidence and Board-prescribed Affidavit and Indemnity (no surety); exemptions apply where value Rs.5 Lakhs using prior-day closing price. Overseas holders may provide notarised/apostilled self-declaration with passport and address proof. RTAs/issuers must use prescribed forms, issue a Letter of Confirmation within 30 days, retain and deface physical certificates, and the claimant must dematerialise within 120 days or securities move to Suspense Escrow Demat Account. Duplicate securities must be issued only in dematerialized mode.
Deposit of tax during the course of search, inspection or investigation.
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Voluntary tax deposit: Taxpayers may submit GST liability via DRC-03 during investigation; officers must inform them.
Voluntary payment of GST during search, inspection or investigation is permissible via DRC-03 initiated by the taxpayer on the GST portal; officers must inform taxpayers of this mechanism. Recovery of unpaid or short paid tax can only occur after statutory notice and confirmation of demand by an adjudication order, so coercive recovery during ongoing proceedings is not authorised, and complaints of force should be promptly investigated with disciplinary action where appropriate.
Instructions for Role Allocation and Immediate Initiation of GST Audit on BOWEB Portal for L-2, L-3, and L-4 Level Officers
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GST audit role allocation on BOWEB portal requires immediate revocation of unauthorized roles and prompt audit initiation
Role allocation for GST audit on the BOWEB portal was directed through the Sub-State Admin according to officer level: Senior Audit Officer at L-2, Audit Officer at L-3, and Junior Audit Officer at L-4. Any role assigned outside the prescribed table had to be revoked immediately, and the existing allocation arrangement would continue until changed. L-2 officers were also instructed to assign Team Head and Team Member roles to L-3 and L-4 officers for Category-A traders and initiate tax audit proceedings immediately.
Regarding issuance of form GST INS-01
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Enforcement Officer role allocation enables issuance of FORM GST INS-01 for block-office and inter-zone investigators.
Sub-state administrators must assign the Enforcement Officer role to block-office officers to enable issuance of FORM GST INS-01. For cases requiring simultaneous multi-zone examination, subordinate officers will transfer the case ID on the Enforcement Module to the Zonal Additional Commissioner (Grade-1) login so that the Zonal Additional Commissioner can issue FORM GST INS-01 for officers of other zones; thereafter the Zonal Additional Commissioner will transfer the case ID to the relevant subordinate enforcement unit. If the Zonal Additional Commissioner also holds Additional Commissioner Grade-2 (V.E.) charge, the Joint Commissioner (V.E.) at headquarters may issue FORM GST INS-01 for other-zone officers.
Tds information from chanakya software of pwd for scrutiny
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Verification of contractor turnover required to reconcile PWD payments and TDS with GSTR-3B and report discrepancies monthly.
Verify that payments and TDS recorded on the Public Works Department's Chanakya Software correspond to equivalent supply turnover shown in GSTR-3B; collect corroborative information from the Executive Engineer of each PWD division, identify and quantify differences between PWD payments and contractor-declared supplies, treat variances as suspected tax for recovery, and submit a consolidated zone-wise monthly statement to the V.E. Section, headquarters.
Guidelines on import of gold by Qualified Jewellers as notified by – The International Financial Services Centers Authority (IFSCA)
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Import of gold by qualified jewellers: advance remittances allowed through IFSCA authorised exchanges subject to due diligence and reporting.
Qualified Jewellers may import gold through IFSCA authorised exchanges using exchange approved payment mechanisms; advance remittances must be supported by sale contracts or irrevocable purchase orders, used only for bona fide imports and not leveraged, with unutilised amounts refunded if imports do not materialise. AD banks must perform due diligence, ensure complete customs documentation and matching of Outward Remittance Messages with Bills of Entry, and report transactions through prescribed monitoring and reporting systems. IFSCA will vet exchanges and ensure systems prevent misuse of advance remittances.
Implementation of Notification No.06/2015-2020 dated 13th May, 2022- Prohibition on export of wheat
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Prohibition on wheat exports: manual, physically signed registration certificates required pending digital integration with customs systems.
Wheat export policy has been amended to prohibit exports with immediate effect. Pending integration of digitally signed Registration Certificates with the Customs ICEGATE system, Regional Authorities must issue manually signed and stamped physical Registration Certificates to prevent misuse; those physical RCs shall be presented to Customs to facilitate exports of wheat as specified in the linked trade notices.
Instructions regarding processing of applications for registration in FORM GST REG 01
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Registration processing: physical appearance not required; officers may seek only relevant information or conduct premises verification when justified.
Applications for GST registration must be processed under Section 25 and the applicable rules, using documents listed in FORM GST REG-01; personal appearance and extraneous document requests are not required and should be discouraged. In cases of doubt or suspicion, the proper officer may call for information relevant to the application and, if warranted, conduct physical verification of business premises under Rule 25 of the HGST Rules, 2017. Requests for additional material must be pertinent, and implementation difficulties should be reported to the Department.
Allocation of Tariff Rate Quota for Import of Crude Soya bean Oil and Crude Sunflower Oil
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Tariff Rate Quota allocation for crude edible oils established, imposing processor only eligibility and specific documentation and validity conditions.
Allocation of Tariff Rate Quotas for imports of crude soyabean oil and crude sunflower seed oil is notified for FY 2022 23 and 2023 24 with annual quantity ceilings and duty exemption as per the Department of Revenue notification. Eligibility is limited to processors/refiners on an Actual User basis with pre-existing IEC, documentary proof of processing capacity dated prior to 24.05.2022, a valid FSSAI licence, turnover details supported by self certified GST returns, and one application per IEC. TRQs are valid for specified one year import clearance periods, imports must be for domestic processing only, pre existing port stocks are excluded, and non compliance or non utilisation may lead to cancellation and reallocation.
Implementation of Notification No.06/2015-2020 dated 13th May, 2022- Prohibition on export of wheat
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Export prohibition on wheat requires L/C message exchange date on or before the prohibition's effective date for registration.
For registration of a letter of credit with Regional Authorities, both the L/C issuance date and the interbank message exchange/Swift date must be on or prior to the prohibition's effective date. Registrations based on an earlier L/C date alone will not be accepted where the message exchange date shows issuance after the prohibition; this clarification addresses submission of fraudulent back dated L/Cs and enforces compliance with the export prohibition on wheat.
Circular on Development of Passive Funds
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Passive fund regulation updates strengthen ETF/index replication, exposure, market making, iNAV and disclosure requirements across products.
The circular prescribes a regulatory framework for passive funds requiring debt index constituents to be investment grade with defined ratings and maturities, issuer aggregated exposure limits and sector/group caps, replication tests and minimum issuer counts for ETF/index portfolios, duration deviation tolerances including for target maturity products, rebalancing and segregation on downgrades, and detailed disclosure, market making, iNAV, tracking error/difference and investor liquidity provisions.
Standard Operating Procedure (SOP) for NCLT cases in respect of the Insolvency and Bankruptcy Code (IBC)
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Operational creditor claim filing: centralized CBIC nodal mechanism ensures timely claims and monitoring under the IBC.
The SOP centralizes receipt and dissemination of IBBI public-announcement information through a CBIC Nodal Officer (ADG, DGPM) to ensure timely filing of operational creditor claims under the IBC. It requires official email dissemination, a dedicated WhatsApp group for zone nodal contacts, routine monitoring of the IBBI website, liaison with Resolution Professionals on resolution plans and NCLT orders, confirmation of claim filings by field formations to the Nodal Officer, and monthly reporting in a prescribed proforma for consolidation and review.
Review of circulars
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Rescission of circulars: duplicate circulars withdrawn as their requirements are subsumed by existing insolvency regulations.
The Board rescinds specified circulars because their operative provisions are already incorporated in the IBBI Regulations governing the Insolvency Resolution Process for Corporate Persons and the Insolvency Professionals Regulations; rescinded topics include confidentiality, authorised representatives for creditor classes, CoC notice and voting procedures, voting conduct, process-specific voting conduct, and retention of records, with the rescission effective immediately as part of regulatory consolidation.

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