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Circulars
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Circular clarifying issues in respect of challenges faced by registered persons in implementation of provisions of GST issued
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GST refund and adjustment rules clarified: credit notes, refund vouchers, LUT filing extension and TDS deposit relief.
Suppliers who issued invoices for cancelled supplies must issue a credit note under section 34 and adjust tax in the return; if no output liability exists, a claim may be filed as excess payment through FORM GST RFD 01. Advances paid and tax remitted where no invoice was issued require issuance of a refund voucher under section 31(3)(e) read with rule 51 and refund via FORM GST RFD 01. LUT filing, TDS deposit with GSTR 7, and refund application timelines falling within the notified pandemic period are extended provided required filings are completed within the extended period.
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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GST compliance relief: reduced interest and waiver of late fees for delayed returns upon timely filing by specified extended dates.
Clarification sets out relief measures: extended timelines for composition election and related statements; conditional reduction or nil interest and waiver of late fees for delayed GST returns if returns and tax are filed by specified extended dates; suspension with later cumulative application of the monthly input tax credit restriction for certain months; extension of e-way bill validity and uniform extension of statutory compliance deadlines falling within the notified lockdown period, with illustrative interest calculations and specified exclusions.
Clarification on refund related issues
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Refund period clubbing allowed across financial years; refund modes proportionate to original payment and ITC rules clarified.
Restriction on clubbing refund claims across different financial years is removed. Refund of accumulated ITC due solely to a reduction in GST rate on the same goods is not admissible under the inverted duty provision. Refunds for supplies other than zero rated supplies shall be paid proportionately in the original mode of payment, with cash portions paid via FORM GST RFD-06 and credit portions re credited via FORM GST PMT-03. Refund of accumulated ITC is limited to invoices uploaded by suppliers and reflected in FORM GSTR-2A, and Annexure-B is amended to require HSN/SAC codes where applicable.
Seeks to clarify issues in respect of issues under GST law for companies under Insolvency and Bankruptcy Code, 2016
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GST registration and ITC treatment during corporate insolvency: special procedure governs registrations, first returns and input tax credit.
Pre CIRP GST dues are to be treated as operational debt and claims should be filed before the insolvency forum; coercive actions are barred by the moratorium. GST registration should not be cancelled during CIRP; suspension is allowed and revoked cancellations may be restored. The IRP/RP is not liable for pre CIRP returns but must obtain new registration as a distinct person, file the first return covering its registration liability period, comply with GST obligations during CIRP, and may, under the prescribed special procedure, avail input tax credit on invoices bearing the erstwhile GSTIN. Cash ledger deposits made by the IRP/RP in the erstwhile registration are refundable even if returns were not filed.
Guidelines for conduct of personal hearings in virtual mode under Customs Act, 1962
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Virtual personal hearings via video conferencing preserve procedural participation and treat hearing records as valid electronic documents.
Parties may consent to conduct personal hearings under the Customs Act, 1962 via video conferencing; authorities will notify date, time and a secure link and require scanned vakalatnama/ID by official email. Oral submissions will be reduced to a written record of personal hearing and emailed in PDF within one day; parties may return signed modifications within three days or be deemed to agree. Documents may be self-attested and emailed within three days. Such records are deemed documents under section 138C read with the Information Technology Act, and the procedure applies mutatis mutandis to related enactments.
Clarification on Know Your Client (KYC) Process and Use of Technology for KYC
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Online KYC through eSign, Aadhaar e-KYC and VIPV enabled with secure app features and mandatory verifications.
SEBI permits technology-enabled KYC: eSign electronic signatures and Aadhaar-based e-KYC (including recent Aadhaar XML/QR offline verification) replace wet signatures; DigiLocker digitally signed OVDs and scanned OVDs under eSign meet the original-seen requirement. Intermediaries must verify PAN via the Income Tax database and bank details via Penny Drop or bank APIs, retain no Aadhaar numbers and ensure redaction where required. VIPV must be live, time-stamped, securely saved, include random prompts and OVD display, and be performed by authorised trained personnel. Apps must provide real-time encrypted audiovisual interaction, liveliness checks, geo-tagging, and undergo security audits.
Relaxation in timelines for compliance with regulatory requirements by Depository and depository participants.
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Regulatory timeline relaxation for depositories and participants extends compliance deadlines and allows backlog clearance amid pandemic disruptions.
Temporary relaxation of compliance timelines for Depositories and depository participants due to COVID-19, extending submission and audit deadlines for items such as BO grievances reporting, half-yearly Internal Audit Reports, systems audit, AI/ML reporting, and Risk Based Supervision, and instituting a period of exclusion plus a short backlog clearance window for investor grievance redressal, transmission of securities, and demat account closure; depositories must notify participants and publish the circular, issued under statutory powers to protect investor interests and regulate markets.
IGST Refund on exports-extension in alternate mechanism
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IGST refund blocked by SB005 invoice mismatches - facility extended to allow administrative correction and submission of concordance documents.
Extension of the alternate mechanism for IGST refund allows correction of SB005 invoice mismatches in the Customs EDI system for Shipping Bills up to 31.12.2019; requisite documents and concordance tables must be submitted to the Deputy/Assistant Commissioner (In charge ICD/CFS) via contacts on the Customs website to unblock automated refund disbursal.
Waiver of Demurrage charges levied by Shipping Companies/ICDs/CFSs/Ports/Terminal Operators during the lockdown period
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Waiver of demurrage: shipping and port operators must not charge demurrage or related storage penalties during lockdown disruptions.
Shipping companies, carriers, Port/Terminal Operators, CFSs and ICDs shall not charge or recover demurrage, ground rent beyond agreed free time, storage charges, anchorage, berth hire, vessel demurrage or other performance related penalties on containerized and non containerized cargo where evacuation delays are attributable to lockdown measures; this waiver is in addition to any contractual free time and no new or additional charges should be imposed during the covered period.
COVID- 19 Pandemic- Waiver of Demurrage Charges levied by Terminal Operators / Ports/ CFSs/ ICDs during lockdown- Ministry of Shipping Order No. IDD-14033/4/2020-PD dated 21.04.2020
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Waiver of demurrage charges ordered - ports and terminals must not levy penal storage or detention fees during lockdown.
Ministry of Shipping orders direct that ports, terminals, ICDs, CFSs and shipping lines shall not levy penal charges including demurrage, detention, dwell time or ground rent for delays in evacuation of import or export cargo caused by lockdown measures; Customs authorities have circulated these instructions for strict compliance to address disruptions in the logistics chain that prevent importers from clearing consignments through Customs facilities.
Order under section 119 of the Income-tax Act, 1961 regarding reporting requirement under clause 30C and clause 44 of the Form 3CD
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Tax audit reporting obligations under Form 3CD clauses 30C and 44 deferred due to COVID-19 disruption.
The Board decided, in view of implementation difficulties caused by the COVID-19 pandemic and following prior extensions, that reporting under clause 30C and clause 44 of Form No. 3CD shall be kept in abeyance until a further date specified by the Board, treating the matter as an administrative deferral of specified tax-audit disclosure obligations introduced by the 2018 amendment to Form 3CD.
Review of provisions of the circular dated September 24, 2019 issued under SEBI (Mutual Funds) Regulations, 1996 due to the COVID - 19 pandemic and moratorium permitted by RBI.
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Valuation treatment for pandemic-related payment delays may not be treated as default; conservative valuation required.
Valuation agencies appointed by AMFI may, after assessment, refrain from treating delays in payment of interest or principal or extensions of maturity as a default if such delays arose solely from the COVID 19 lockdown and/or the RBI permitted moratorium; where two agencies differ, the conservative valuation shall be accepted, and this modification applies only for the RBI moratorium period while AMCs remain responsible for fair valuation under the Principles of Fair Valuation.
Relaxation in Regulation 24(i)(f) of the SEBI (Buy-back of Securities) Regulations, 2018 due to the COVID 19 pandemic
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Buyback restriction period reduced, enabling quicker access to capital under SEBI temporary relaxation to align with company law.
Relaxation of the buy-back restriction period temporarily reads the period in Regulation 24(i)(f) of the Buy-back Regulations as six months instead of one year to enable quicker access to capital after a buy-back; the relaxation is effective immediately, must be notified by stock exchanges to stakeholders and published on their websites, and is issued under statutory regulatory powers.
Relaxation in relation to Regulation 44(5) of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (‘LODR’) on holding of Annual General Meeting (AGM) by top 100 listed entities by market capitalization, due to the COVID –19 pandemic
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Relaxation of AGM timeline allows top listed entities with affected year end to hold AGMs by extended deadline.
SEBI relaxed the timing requirement under Regulation 44(5) of the LODR to allow top 100 listed entities by market capitalization with financial year ending December 31, 2019 to hold their AGM within an extended period consistent with MCA guidance; the circular is effective immediately, requires Stock Exchanges to disseminate the relief, is issued under SEBI's statutory powers, and is subject to the Companies Act and applicable rules.
Measures to facilitate Trade during the lockdown period —Section 143AA of the Customs Act,1962 —amendment of Public Notice No. 56/2020
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Undertaking in lieu of bond extended acceptance period, bond submission deadline deferred and e Sanchit upload required.
Temporary acceptance of an undertaking in lieu of a bond for customs clearance is extended; the formal bond submission deadline is deferred. Undertakings must be sent from the registered email of the importer/EXIM code holder or their authorised customs broker and must also be uploaded on e Sanchit. Other conditions of the prior circular continue to apply and the relief will be reviewed after the lockdown.
COVID-19 Facilitation measures – Review of P.N. No. 46/2020 dated 07.04.2020 : Procedure for assessment in cases of non- submission of Original Country of Origin Certificates
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Undertaking in lieu of bond acceptance extended; submission deadline moved and undertaking must be emailed and uploaded to e Sanchit.
Acceptance of an undertaking in lieu of a proper bond for imports lacking Original Country of Origin Certificates is extended, with revised deadlines for submission of the proper bond. The undertaking must be submitted via the registered email of the IEC holder or authorised customs broker and uploaded on e Sanchit. All other conditions of the earlier Public Notice remain unchanged and implementation difficulties should be reported to the Deputy Commissioner (Appraising Main, Import) by email. The directions are to be treated as a standing order for officers.
IGST refunds on exports-extension in SB005 alternate mechanism
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SB005 error correction facility extended to enable IGST refund processing and resolve GST customs invoice mismatches for exporters.
Extension of the SB005 error correction facility in the Customs EDI system is authorized for Shipping Bills dated up to 31 December 2019 to address invoice mismatches between GST returns and customs data that generate SB005 errors and block automated IGST refund disbursal, enabling removal of the SB005 error condition so automated refund processing may proceed; exporters and stakeholders may avail the facility and contact the Drawback Section for assistance.
Measures to facilitate trade during the lockdown period- Section 143AA of the Customs Act, 1962-
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Undertaking in lieu of bond under Section 143AA permitted during lockdown with extended acceptance and electronic submission required.
Acceptance of an undertaking in lieu of bond under Section 143AA is extended, with a corresponding extension of the deadline for submission of the proper bond; original conditions in Public Notice No. 09/2020 remain applicable. The undertaking must be submitted from the registered email ID of the IEC holder or authorised customs broker and, for Chennai Customs, also uploaded on the e-Sanchit portal. The extension will be reviewed at the end of the lockdown and stakeholders may provide feedback via the designated email.
Paperless Customs-Electronic Communication of PDF based Gate pass and OOC Copy of Bill of Entry to Custom Brokers/Importers
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Electronic Gatepass and eOoC transmission enables paperless BOE delivery with QR-based digital verification and reduced physical contact.
Electronic transmission will replace paper printouts by emailing the Final eOoC BOE PDF and eGatepass PDF to registered importers and customs brokers upon grant of Out of Charge. The eOoC PDF will include a digitally signed, encrypted QR code with BOE details and a version number verifiable via ICETRAK and ICEGATE. The eGatepass will show movement-relevant particulars and include QR codes for the document and for each container/package; EDI OOC messages continue for custodians registered on ICEGATE, and non-registered custodians must register to receive electronic transmissions.
Special Refund and Drawback Disposal Drive —Implementation of decision to expedite pending refund and drawback claims
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SB005 error correction: exporters must submit concordance tables and documents to resolve invoice mismatches and claim IGST refunds.
The notice extends correction of SB005 error, caused by invoice mismatches between GSTR 1 and Shipping Bills for filings up to 31.12.2019, and requires exporters to submit a Concordance Table (Annexure A) with prescribed supporting documents (Shipping Bill pages, GSTR 1/3B, commercial invoice) by scanned request from the DGFT registered authorized email to [email protected] to enable disposal of pending IGST refunds and drawback claims.

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