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Circulars
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Allocation of additional quantity of 2051 MT for export of raw sugar to USA under Tariff Rate Quota (TRQ) for the US Fiscal Year 2022.
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Tariff Rate Quota allocation for raw sugar expanded, enabling additional duty-free exports under specified reporting and certification conditions.
An additional quantity of raw sugar has been allocated for export to the United States under the Tariff Rate Quota (TRQ), increasing the available TRQ volume for the US fiscal year. Exports under TRQ are Free subject to the notified Nature of Restrictions and ongoing reporting requirements. Certificates of Origin, if required for preferential treatment, will be issued by the Additional Director General of Foreign Trade, Mumbai, and other prescribed certification and compliance obligations for US-bound sugar exports must be followed.
Changes introduced vide Finance Act 2022 in the Customs Tariff w.e.f. 01.05.2022
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Valid customs tariff headings must govern import and export declarations, with pending filings recalled or amended where tariff changes apply.
Customs Tariff amendments require import and export declarations, including ex-bond Bills of Entry, to use new or valid Customs Tariff Headings. Advance or prior Bills of Entry pending regularisation must be recalled and reassessed where affected tariff headings or notifications have changed. Shipping Bills may require amendment where export benefits linked to amended tariff headings are affected. Accurate tariff declarations are required, and implementation issues concerning tariff lines or clearance requirements may be reported.
Regarding enforcement actions to be carried out by Vigilance Enforcement and Mobile Squad Units
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Enforcement Reporting: vigilance and mobile squads must duplicate portal entries alongside boweb to ensure MIS-based monitoring.
Vigilance & Enforcement and Mobile Squad units must duplicate boweb actions on the departmental portal until MIS reports from GSTN are available; complete pending entries within one week. Vigilance units shall populate all entry-module menus except INS-01. Mobile Squad interceptions require obtaining an interception number via departmental SMS, generating a Case ID on boweb, and simultaneously registering transaction details and FORM GST MOV-09 on the departmental portal to ensure effective monitoring.
3/2022 - 05-05-2022 Companies Law
Clarification on passing of Ordinary and Special resolutions by the companies under the Companies Act, 2013 read with rules made thereunder on account of COVID-19-Extention of timeline
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Extraordinary general meetings may be held via video or audiovisual means or by postal ballot under extended circular guidance.
Companies are authorised to hold Extraordinary General Meetings and transact resolutions by Video Conference or Other Audio Visual Means or by postal ballot in accordance with the procedures and safeguards set out in earlier Ministry circulars; all other requirements and conditions in those circulars remain unchanged.
2/2022 - 05-05-2022 Companies Law
Clarification of holding of Annual General Meeting (AGM) through Video Conference (VC) or Other Audio Visual Means (OAVM)
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Holding of AGMs through VC/OAVM permitted subject to prescribed circular requirements and statutory timelines.
Companies with AGMs due in 2022 may conduct those AGMs by Video Conference (VC) or Other Audio Visual Means (OAVM) on or before 31 December 2022 in accordance with Paragraphs 3 and 4 of General Circular No. 20/2020; this authorisation does not constitute an extension of time for holding AGMs under the Companies Act, 2013, and non-adherence to statutory timelines attracts legal action.
Exim Bank's Government of India supported additional Line of Credit (LoC) of USD 190 million to the SBM (Mauritius) Infrastructure Development Company Ltd
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Government-supported Line of Credit enabling export financing with specified Indian content and compliance obligations for infrastructure projects.
Government-supported Line of Credit to SBM (Mauritius) Infrastructure Development Company Ltd permits financing of eligible exports from India for infrastructure projects, mandates that at least 75% of contract value be supplied from India (30% Indian content for the Metro Express Project), allows 25% foreign procurement, requires Export Declaration Form filing for shipments, disallows agency commission from the LoC while permitting exporter-paid commissions subject to realisation, and directs Authorised Dealer Category I banks to notify exporters and facilitate compliance; directions issued under the Foreign Exchange Management Act.
Refund of Tax-time bound processing and disposal thereof.
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GST refund processing requires decisions within prescribed timelines, supported by premises verification and fortnightly compliance reporting.
GST refund applications must be decided within prescribed timelines, as delay beyond 60 days from receipt of an application may trigger interest liability. Refunds may be granted only after field verification of the applicant firm's registered premises to establish genuineness, with documentary records maintained by the proper officer. Signed fortnightly, ward-wise refund reports must record decisions, delayed and pending applications, sanctions, rejections and interest paid, and be consolidated for submission to the Commissioner, State Tax.
System and Network Audit of Market Infrastructure Institutions (MIIs)
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System and Network Audit requirements mandate independent audits, board review and regulator submission to assure IT security and compliance.
SEBI mandates a revised System and Network Audit regime for Market Infrastructure Institutions requiring independent auditors selected under specified norms to assess governance, IT and network architecture, security, change control, business continuity, vendor management and related areas. Audit reports must include issue logs, risk rated non compliances, remediation plans, evidence and management responses, be placed before the Governing Board and submitted to SEBI with a joint MD/CEO and CTO declaration. Follow on audits or verified Action Taken Reports must close findings within prescribed timelines; special audit frequency applies for systems designated as protected.
Changes introduced vide Finance Act 2022 in the Customs Tariff W.e.f. 01.05.2022- Waiver of Late Fee - reg.
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Waiver of late fee for bills of entry delayed by system error, available on production of negative acknowledgement.
Waiver of Late Fee is granted for Bills of Entry filed late in respect of IGMs filed on 01.05.2022 and 02.05.2022 due to Systems Error (code 523), subject to production of the electronic negative acknowledgement, and the Public Notice operates as a Standing Order for departmental staff.
Amendment in Para 2.107 (TRQ under FTA/CECA) of Handbook of Procedure 2015-2020.
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Tariff Rate Quotas under India UAE CEPA notified with allocation, eligibility criteria, application timelines, and electronic authorisation requirements.
The Public Notice incorporates Tariff Rate Quotas (TRQs) under India-UAE CEPA into the Handbook and Appendix, specifying tariff reduction schedules and year wise TRQ quantities. It prescribes the import procedure: compliance with the referenced Customs notification, production of Certificate of Origin at clearance, online DGFT application for TRQ authorisations, period bound and non transferable allocations, electronic issuance and transmission of TRQ authorisations to Customs, and special eligibility, documentation and allocation rules for Gold TRQs and specified polymer lines.
Electronic filing and Issuance of Preferential Certificate of Origin (CoO) for India’s Exports under India-UAE Comprehensive Economic Partnership Agreement (India-UAE CEPA) w.e.f. 01st May 2022
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Electronic issuance of Preferential Certificate of Origin enables digital application and QR-based verification for covered exports.
Electronic issuance of Preferential Certificates of Origin under the India-UAE CEPA is effected via the e-CoO platform; certificates on the platform will bear the issuing officer's image signature and issuing agency stamp and include a QR code for electronic verification. The system generates electronic, original and duplicate paper copies; applicants must register and maintain updated IEC details, use a Class III Digital Signature Certificate for submissions, and may access manuals, FAQs and helpdesk support for assistance.
Modification in the Operational Guidelines for Foreign Portfolio Investors, Designated Depository Participants and Eligible Foreign Investors - SEBI to generate FPI registration number and both the Depositories to host the CAF.
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FPI registration number generation centralised by regulator and depositories authorised to host the common application form.
Regulatory amendment mandates that the regulator generate the FPI registration number and that both depositories host the Common Application Form. DDPs must grant certificates of registration bearing the regulator-generated registration number. Name-change procedure is updated so the DDP updates the certificate, issues a letter and fresh registration certificate as acknowledgement, and depositories must enable DDPs to provide such certificates and a statement that the name change is granted without prejudice to tax implications in India.
Amendment of Appendix 2B [List of Agencies Authorised to issue Certificate of Origin (Preferential)] of Foreign Trade Policy, 2015-2020.
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Certificate of Origin (Preferential) authorised agencies listed to issue CoO under India UAE CEPA, specifying product assignments.
DGFT amends Appendix 2B to authorise specified agencies to issue Certificate of Origin (Preferential) for the India UAE CEPA, listing each agency alongside the product categories or SEZ territorial scope assigned to it (ranging from all-products authority to sector-specific mandates for marine products, handicraft, spices and cashew, coir, textiles and clothing, silk products, tobacco, and agricultural products), and notifying that these agencies are empowered to issue preferential CoOs for India UAE CEPA trade.
Reduction of timelines for listing of units of Infrastructure Investment Trust (InvIT)
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Listing timeline reduction for InvIT units accelerates allotment and commencement of trading after issue closure.
The circular shortens the post-issue timeline for InvIT public issues, requiring completion of allotment and listing within six working days from issue closure. It prescribes a T to T+6 schedule assigning duties to stock exchanges, RTAs, SCSBs, investment managers and merchant bankers for bid modification and transmission, fund blocking and certification, technical rejection reconciliation, basis of allotment finalisation and approval, transfer of sponsor assets, credit of units, demat confirmation, unblocking of ASBA funds, and filing of listing application. Applicable to issues opening on or after June 1, 2022.
Reduction of timelines for listing of units of Real Estate Investment Trust (REIT)
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Listing timeline reduction: REIT public issues must complete allotment, demat credit and trading commencement within six working days.
The circular mandates completion of allotment, demat credit and commencement of trading of REIT units within six working days from issue closure, detailing day-by-day obligations: stock exchanges to allow bid modifications and approve allotment basis; RTAs to reconcile electronic bid files, perform technical rejection testing, finalise basis of allotment and obtain demat confirmations; SCSBs to block and transfer funds; managers and merchant bankers to initiate corporate actions, file allotment and demat confirmations and apply for listing. The measure applies to public issues opening on or after June 01, 2022 under the regulator's enacted powers.
Corrigendum - Circular No. -15/2021-GST of State Tax dated 10.03.2022
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Extension of time limit for revocation of cancellation of registration: designated special commissioners to follow prescribed procedure for late applications.
Applications for revocation of cancellation of registration filed beyond sixty days but within ninety days from service of the cancellation order shall be processed by designated Special Commissioners following the SOP steps set out in paragraphs 3.1-3.3 of the original circular mutatis mutandis; other terms and conditions of the original circular continue to apply.
Regarding the exchange of information of fake ITC cases by the non-existent firms found in the investigation and monitoring of follow-up proceedings
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Bogus ITC claims require complete Enforcement Alert System entries, ITC blocking under Rule 86(A), and timely adjudication to monitor recovery.
Disciplinary units must enter details of every non-existent firm and related subsequent firms found after 01-07-2017 into the Enforcement Alert System Module by the deadline; for subsequent firms claiming bogus ITC based on such invoices, authorities must block ITC under Rule 86(A), complete adjudication within prescribed timeframes, and regularly update the module to enable effective monitoring of revenue recovery.
Extension of period for completion of Audit as per the proviso to sub-section (4) of section 65 of the WBGST Act, 2017 for the period starting on or after 1st day of July, 2017 and ending on or before 31st day of March, 2018 in cases where audit has commenced till date.
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Audit completion extension under Section 65 granted due to GSTN portal glitches, new deadline set for affected audits.
Extension of time for completion of audits under the proviso to sub section (4) of section 65 of the WBGST Act, 2017 is granted for audits of the period from 1 July 2017 to 31 March 2018 that have commenced, because technical glitches in the GSTN Back Office portal impede required document upload and communication; such audits are extended until 31 July 2022 by order of the Commissioner, effective immediately.
Extension of Date for Mandatory electronic filing of Non-Preferential Certificate of Origin (CoO) through the Common Digital Platform to 1st August 2022
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Mandatory electronic filing extended; agencies must adopt the online CoO system or face delisting and penalties.
The transition period for mandatory electronic filing of Non-Preferential Certificate of Origin through the Common Digital Platform is extended to 1st August 2022, during which manual/paper processing remains permitted. Authorised issuing agencies must register and adopt the e-CoO platform by that date; failure to use the Online System after 1st August 2022 will attract penal action and may result in de-listing. Guidance and Help Manual are available on the platform landing page, and IT issues should be reported to DGFT.
Implementation of Notification No. 28/2021-Customs dated 24th April, 2021
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Customs exemption for medical oxygen parts preserved where emergency imports were used for intended manufacture and use.
Notification No. 28/2021 exempted customs duty and health cess on oxygen and related equipment, and paragraph 11 extended full exemption to parts of specified medical oxygen equipment subject to IGCR compliance. These instructions state that due to COVID 19 emergency circumstances, procedural non observance of IGCR for emergency imports will not alone defeat the exemption, provided the imported parts were used for manufacture, transport, distribution or storage of oxygen and such use is verifiable from invoices and related documents; the relief applies only to imports under Notification No. 28/2021.

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