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Circulars
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Clarification in respect of certain challenges faced by the registered persons in implementation of provisions of GST Laws
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IRP registration requirement relaxed: extension granted and non-defaulting corporate debtors exempted from fresh GST registration.
The circular extends the time for IRP/RP to obtain GST registration to thirty days from appointment or by 30th June, 2020, and exempts corporate debtors who have timely filed FORM GSTR-1 and FORM GSTR-3B prior to appointment from taking fresh registration. A single new registration need be taken only once; subsequent changes of IRP/RP are treated as change of authorized signatory and may be effected by the authorized signatory or jurisdictional officer. Time limit extensions to 30th June, 2020 also apply to the merchant exporter ninety day export requirement and to filing FORM GST ITC-04 for the quarter ending March 2020.
Extension Of time limits under the Customs Act, 1962 and Rules and Regulations issued there under
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Extension of time limits under customs law allows statutory and procedural filings and obligations to be completed without approaching authorities.
Time limits prescribed under the Customs Act and subordinate rules for actions whose last dates fall within the relief period are extended to the newly specified date, covering completion of proceedings, issuance of orders and notices, filing of appeals, replies, applications, furnishing of reports/documents/returns, and export obligations under DEEC, EPCG and Advance Authorizations including TRC/drawback notices and related NOCs; stakeholders need not seek separate extensions and officers shall treat the notice as a standing order.
Enbloc movement of containers from Visakha Container Terminal Pvt Ltd to Container Freight Stations during the lock down period of COVID-19
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Enbloc movement of DPD containers permitted to designated CFSs to relieve terminal congestion, with advance notice to importers.
Permission is granted for enbloc movement of DPD Containers from Visakha Container Terminal to specified CFSs to relieve congestion during the COVID 19 lockdown; terminals must notify importers/customs brokers in advance, CFSs should adopt a sympathetic approach to charges and follow applicable shipping and customs advisories, and difficulties are to be reported to the Joint/Additional Commissioner of Customs.
20/2020 - 05-05-2020 Companies Law
Clarification on holding of annual general meeting (AGM) through video conferencing (VC) or other audio visual means (OAVM)
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AGM through video conferencing permitted subject to email delivery of financials, e voting and specified public notice requirements.
Companies may hold Annual General Meetings through video conferencing or other audio visual means subject to conditions: companies required to provide e voting must follow the EGM circular frameworks, restrict special business to unavoidable items, send financial statements by email, publish a vernacular and English public notice detailing meeting and e voting arrangements, enable electronic dividend mandates with postal dispatch where bank details are absent, and count virtual and physical attendees for quorum. Companies not required to provide e voting may hold virtual AGMs only if they already hold email addresses of at least half their members and satisfy prescribed voting power thresholds, must register remaining emails, and comply with similar notice and electronic facilitation requirements.
Clarification with regard to description of 'Stock Lot' used in the Notification No. 45/2015-2020 dated 31st January, 2020
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Stock lot classification clarified: consignments must list 8 digit HSN codes or customs may refuse bundled unspecified paper.
Import of specified kinds of paper under the 22 tariff lines of ITC (HS) 4810 is free if importers declare the correct 8 digit ITC (HS) code and specify quantities per 8 digit code. A consignment lacking category wise descriptions is a Stock Lot; Customs will verify whether descriptions match existing 8 digit entries under ITC (HS) 4810 and will not allow consignments where different paper descriptions are bundled as a Stock Lot. If paper is not covered by any existing 8 digit code, trade should request the Department of Revenue to create a new tariff line with justification.
Further amendment of Public Notice No. 18/2020
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Late filing waiver for Bills of Entry extended, allowing late-filed entries within specified inbound manifest period to avoid late fees.
Administrative waiver preserves that Bills of Entry arising from IGMs filed within the newly specified IGM window, if filed late on or before the administrative cut-off date, will not attract late fee charges under the Bill of Entry (Electronic Integrated Declaration and Paperless Processing) Regulations, 2018 read with the second proviso to Section 46(3) of the Customs Act, 1962, thereby facilitating clearance during the lockdown; other terms of earlier Public Notices remain unchanged.
Relaxation of clearance of import cargo due to delay arising on account of outbreak of Corona virus
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Relaxation of import clearance deadlines for COVID-related delays; online waiver requests and substitution of bills permitted.
Extension of previously prescribed clearance cutoff dates due to COVID-19-related lockdown, enabling importers to apply for waiver of late fee charges and for substitution or amendment of Bills of Entry under the Customs Act; applications are to be submitted online via the designated form, and the measure is issued with the Commissioner of Customs' approval for ICD Patparganj and other ICDs.
COVID-19 - Facilitation measures — procedure for generating Cargo Movement Approval Order for Containerized cargo
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Cargo Movement Approval Order digitisation allows e mailed soft copies to enable container dispatch without signed physical orders.
On vessel arrival and grant of entry inwards, the ITP Cell Superintendent shall generate Cargo Movement Approval Orders and forward soft copies by e mail to the VCTPL Superintendent, VCTPL planning section and to liners (liners to share e mail ids). VCTPL may dispatch incoming containers to respective CFSs on receipt of soft copies if other formalities are fulfilled; signed physical copies will not be required for movement during these measures. Difficulties in implementation must be reported to the Assistant/Deputy Commissioner (ITP).
ICES Advisory 16/2020- Streamlining of certain import processes in ICES
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Automated import clearance: system now enables BE regularisation, requires warehouse code before OOC and adds officer alerts.
System changes mandate automatic regularisation of prior Bills of Entry with ACL role capability and a morning auto-regularisation routine; SUP role officers can indicate online document submission to support eSanchit usage; WBE processing requires warehouse code entry before OOC if not provided at filing; automated OOC queuing will include previously set-aside BEs and present officers with pop-ups explaining reasons and the option to raise queries to importers.
Provisional Clearance of Goods under India’s Trade Agreements
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Provisional preferential clearance without Certificate of Origin permitted; missing or digital CoO treated as lower-trust category with security.
Provisional preferential clearance is permitted when a Certificate of Origin is unavailable; original hard-copy absence or digitally signed/unsigned CoOs are to be treated as lower-trust for security purposes under existing customs guidance, unless there is reasonable belief of mis-declaration of origin or value addition, in which case stricter handling applies.
SEBI Notification on COVID-19 dated May 03, 2020
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Continuation of capital and debt market services: SEBI notification extended under revised national COVID 19 containment guidelines.
SEBI extended an earlier authorisation permitting specified entities to provide capital and debt market services; the prior SEBI notification continues in force for a further two week period under revised national containment guidelines, thereby preserving operational continuity of regulated market functions during the specified containment period.
ICES Advisory 16/2020 — Streamlining of Certain Imports Processes in ICES
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Import clearance automation: system now auto-regularizes prior BE, mandates warehouse entry before OOC and queues exceptions.
ICES Advisory 16/2020 automates and reassigns certain import clearance functions: automatic regularization of prior Bills of Entry at goods registration with ACL-level amendment capability and a daily auto-check for pending regularizations; SUP-role indication of online supporting-document upload to enforce eSanchit; mandatory entry of warehouse code before permitting Out of Charge where not given at filing; and revised automated OOC queuing that will include previously set-aside BEs with officer pop-ups and the ability to raise queries, reducing physical interface.
ICES Advisory 16/2020-Streamlining of Certain Imports Processes in ICES
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Automated import regularization and mandatory warehouse coding streamline electronic clearance and reduce physical interfaces for importers.
ICES enhancements enable automated regularization of prior Bills of Entry in the ACL role with daily system checks to clear pending BEs; SUP-role officers must record whether supporting documents were uploaded via eSanchit; warehouse codes must be entered before OOC for WBEs where not provided at filing; and auto-queuing now places previously set-aside BEs before officers with explanatory pop-ups, permitting officer queries to importers and reducing physical interactions.
ICES Advisory 16/2020 — Streamlining of Certain Imports Processes in ICES
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Import clearance automation now mandates electronic document verification and automatic BOE regularisation, reducing physical interventions.
ICES changes expand automatic regularisation of prior Bills of Entry by enabling ACL-role amendments and introducing a morning routine to auto-regularise pending BOEs; SUP-role officers must indicate whether supporting documents were uploaded via e Sanchit when granting OOC/CCV; warehouse code entry for Warehouse BOE is mandatory before OOC; and automated OOC queuing will include BOEs formerly set aside, with officer pop-ups and electronic query capability to avoid physical interface.
Extension of Validity all AEO certificates that are expiring/have expired during the period of 1st March'2020 and 31st May'2020
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AEO certificates expiring March-May 2020 are extended to 31 May 2020; holders may file renewals during this period.
AEO certificates expiring or expired between 1 March 2020 and 31 May 2020 have been extended in the system until 31 May 2020; affected holders will continue to receive AEO benefits and may file renewal applications within the extended period; a list of 30 entities is annexed and difficulties should be reported to the office; the notice shall operate as a standing order for departmental officers.
Guideline for conduct of personal hearing in virtual mode under Customs Act, 1962
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Virtual personal hearings: parties may opt for video conferencing, submit authorisations, and accept emailed hearing records as electronic documents.
Procedure requires parties to consent to virtual personal hearings, provide email contact, and file scanned authorization and ID by email. Hearings occur via designated office videoconference facilities using secured applications; parties must install and join at scheduled times. Submissions will be reduced to a record of personal hearing, emailed as a PDF within one day; parties may modify and return the signed record within three days or be deemed to have accepted it. The record is admissible as an electronic document under the Customs Act read with the Information Technology Act. Additional self-attested documents may be emailed within three days after the hearing.
Relaxation in compliance with requirements pertaining to Mutual Funds
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Relaxation in mutual fund compliance extends implementation deadlines and reporting timelines under SEBI powers to accommodate disruptions.
SEBI extended implementation deadlines for three mutual fund policy measures-liquid asset minimums for liquid funds, revised sector exposure limits for existing open ended schemes, and the change from amortisation based valuation for money market and debt securities-to a later uniform date. It also extended timelines for submission of cybersecurity audit reports and for filing mutual fund scheme annual reports for 2019-20. These relaxations are issued under Section 11(1) of the SEBI Act read with Regulation 77 of the Mutual Funds Regulations, 1996.
Cancellation of  Import licence holder of COVID-19 Rapid Diagnostic kit from  China
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Import licence cancellation for specified COVID-19 diagnostic kits: importers must cease imports and notify stakeholders.
Importers must stop imports of COVID-19 rapid diagnostic kits from Guangzhou Wondfo Biotech and Zhuhai Livzon Diagnostics following a drug regulator clarification; show cause notices have been issued and steps are being taken under the Drugs & Cosmetics Act, 1940 to cancel the pertinent import licences. Stakeholders are instructed to publicise the notice, departmental officers must treat it as a standing order, and specified contacts are provided for implementation difficulties.
Guidelines for conduct of personal hearings in virtual mode under Customs Act, 1962
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Virtual personal hearings via video conferencing enable electronic records of submissions to be treated as formal documents in customs proceedings.
Personal hearings under the Customs Act may be conducted by video conferencing with prior consent and email contact; hearing schedules and secure links will be sent in advance and representatives must submit scanned authorisations and photo ID. Oral submissions will be reduced to a written record of personal hearing sent by PDF within one day; parties may modify and return the signed record within three days or it will be deemed accepted. Additional self attested documents may be emailed within three days; the electronic record will be treated as a document for purposes of the Customs Act.
19/2020 - 30-04-2020 Companies Law
Extension of the last date of filing of Form NFRA-2
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Filing deadline extension: NFRA-2 submissions allowed from form deployment date for the applicable reporting period.
The Ministry of Corporate Affairs extended the filing time for Form NFRA-2 for the Financial Year 2018-19: the filing period is 210 days from the date the form is deployed on the National Financial Reporting Authority website, issued in continuation of an earlier circular and with the approval of the competent authority.

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