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Circulars
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Clarification regarding applicability of All Industry Rates of duty drawback while fixing Brand Rate of duty drawback in post GST era
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All Industry Rates no longer apply to brand rate duty drawback post GST; exporters must claim unrecovered duties on actual basis.
Pre GST Circulars permitting use of All Industry Rates for Brand Rate fixation rested on excise exemptions for certain inputs; post GST, with input tax credit/refund available, that premise no longer applies. Therefore those Circular provisions are not applicable to exports in the post GST regime, and any duties not otherwise neutralised may be claimed by exporters on an actual basis under the applicable Drawback Rules.
Reduction of Time Gap Between Berthing of Vessel and Entry Inwards
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Entry Inwards timing: grant upon vessel reporting at pilot station to expedite unloading and commence operations promptly.
Entry Inwards will be granted when a vessel reports at the pilot station/when the pilot boards, based on an automatic message or e-mail from Port Control/Pilot Station or simultaneous intimation from shipping agents; the time recorded in the EDI system will be the time of arrival. The Boarding Officer shall maintain logs, grant Entry Inwards promptly on receipt of the information, and thereafter complete boarding formalities and take action on any mis-declaration; applicable rates and duties are governed by Section 15 of the Customs Act, 1962.
Incomplete description and misclassification in automobile parts and accessories
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Classification of motor vehicle parts: ensure accurate descriptions and correct tariff classification to reduce assessment delays.
Importers of motor vehicle parts must provide precise item descriptions and correct tariff classification to facilitate customs assessment and reduce dwell time. Goods specifically meant for use as automobile parts and accessories should be classified under the tariff heading covering parts and accessories of motor vehicles; importers may include technical names and part numbers in brackets to clarify the nature of the goods and avoid misclassification and examination difficulties.
Requirement to be complied by every Composition taxpayer person with the conditions as mentioned in rule 5 of the CGST Rules
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Composition taxpayer labeling must include prescribed phrases on bills and signboards or attract enforcement action.
Persons opting for the composition levy must print "COMPOSITION TAXABLE PERSON, NOT ELIGIBLE TO COLLECT TAX ON SUPPLIES" in bold capital letters on every bill of supply and display "COMPOSITION TAXABLE PERSON" in bold capital letters on a prominent notice or signboard at their principal and additional places of business. Failure to comply authorises the proper officer to initiate action under GST law and may attract penalty, fine or prosecution under the CGST Act and rules.
Reduction of Government Litigation —Raising of monetary limits for filing appeals by the Department before CESTAT/High Courts and Supreme Court in Legacy Central Excise and Service Tax.
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Monetary appeal thresholds limit departmental litigation, preventing filing below prescribed limits and mandating withdrawals and reporting.
Fixation of monetary limits prevents the Department from filing appeals in legacy Central Excise and Service Tax matters before CESTAT, High Courts and the Supreme Court where demands fall below prescribed thresholds. The instruction applies to pending cases; withdrawal follows existing practice and earlier terms, except that issues involving a substantial question of law will be contested regardless. Field formations must report withdrawal status monthly via Tables P and P-1 in the Monthly Performance Report and keep a separate register for Board perusal.
Corrigendum to Circular No. 20/2019/GST, Dated 16.4.2019 issued vide CCTs Ref.in CCW/GST/74/2015.
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Composition scheme opt-in deadline extended; intimation in Form GST CMP-02 and statement in Form GST ITC-03 required.
The corrigendum extends the deadline for a registered person to opt for payment of State tax @ 3% by filing intimation in FORM GST CMP-02 selecting "Any other supplier eligible for composition levy" and requires such person to furnish a statement in FORM GST ITC-03 as per sub rule (3) of rule 3.
Issues related to GST on monthly subscription/contribution charged by a Residential Welfare Association from its members.
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GST exemption ceiling on RWA maintenance dictates taxability and registration when turnover thresholds are exceeded.
Supply of maintenance or subscription services by a Residential Welfare Association to its members is exempt from GST where charges are reimbursement or contribution for common goods and services and do not exceed the prescribed monthly ceiling per member. If the RWA's aggregate annual turnover exceeds the registration threshold, charges above the monthly ceiling render the entire amount taxable; if turnover is below the threshold, registration and GST are not required even if charges exceed the ceiling. RWAs may claim input tax credit on inputs, capital goods and input services used for such supplies. The ceiling applies per residential unit owned.
Clarifications regarding Refunds of IGST paid on import in case of specialized agencies
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Refund of IGST on imports: specialized agencies entitled to refunds and customs formations must process claims accordingly.
Specialized agencies notified under the CGST framework are entitled to refund of IGST paid on imported goods used or intended for official use, based on notification-linked refund provisions and the parity principle under the Customs Tariff Act; customs field formations are directed to process such refunds and treat the direction as a standing order.
Clarifications regarding Refunds of IGST paid on import in case of risky exporters
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Full physical examination of exports to be tapered where prior inspections showed no irregularity, with RMCC oversight.
The Board will gradually relax the requirement for universal physical examination of consignments from risk-identified exporters where earlier examinations disclosed no irregularity. RMCC shall evaluate field feedback on past examinations, review and recalibrate risk assessments, insert suitable system alerts based on re-evaluated risk, and taper down the percentage of physical checks. The directions in this Public Notice shall operate as a Standing Order for officers and staff, and implementation difficulties must be reported to the issuing office.
Clarification regarding applicability of All Industry Rates of duty drawback while fixing Brand Rate of duty drawback in post GST era
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Applicability of All Industry Rates suspended for Brand Rate fixation post GST; exporters must claim unneutralized duties on actual basis.
The pre GST allowance to use All Industry Rates for Brand Rate fixation no longer applies in the post GST regime because Central Excise and service tax on inputs have been subsumed into GST with input tax credit/refund. The specified portions of Circulars 83/2003 and 97/2003 are therefore inapplicable to post GST exports. Duties not refunded or neutralized under GST may be claimed on an actual basis under Rules 6 and 7 of the Drawback Rules, 2017; implementation is to be circulated to trade bodies and enforced as a Standing Order.
Clarification regarding applicability of Notification No. 45/2017-Customs dated 30.06.2017 on goods which were exported earlier for exhibition purpose/consignment basis
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Supply exclusion for exhibition and consignment exports means re imports qualify under the residuary notification entry, not integrated tax payment.
Sending specified goods out of India for exhibition or on consignment basis is not a supply and therefore not a zero rated supply; no LUT/bond is required. Re imported goods originally exported for exhibition/consignment are not subject to the integrated tax payment condition in Sl. No. 1(d) of Notification No. 45/2017 since no IGST was payable at export, and should instead fall under the residuary entry at Sl. No. 5, subject to re import within six months of the delivery challan and absence of acceptance by consignee.
CGST Commissionerate is conducting AWARENESS SESSIONS in its jurisdiction
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Annual Return filing assistance: awareness sessions to help taxpayers file GSTR-9/9A before the deadline promptly.
Awareness sessions are being conducted across the commissionerate's jurisdiction to assist taxpayers in preparing and filing the Annual Return (GSTR-9/9A), with multiple divisional venues, specified dates and afternoon timings provided, and contact points for each venue; taxpayers are urged to avail the programme and file their annual returns by the prescribed deadline.
09/2019 - 21-08-2019 Companies Law
Clarification under section 232(6) of the Companies Act, 2013 - whether the 'acquisition date' for the purpose of Ind-AS 103 (Business Combinations) would be the 'appointed date' referred to in section 232(6).
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Appointed date treated as acquisition date for accounting, with filing and justification requirements following scheme triggers.
Section 232(6) permits schemes to specify an appointed date that may be a calendar date or an event based date. The appointed date shall be deemed the acquisition date and date of transfer of control for accounting purposes (including Ind AS 103). If an event based appointed date occurs after filing the order with the Registrar under section 232(5), the company must intimate the Registrar within thirty days of the scheme coming into force. Calendar appointed dates ante dating filing by more than a year require specific justification and must not be against public interest.
Customs - Amendment to Sea Cargo Manifest and Transshipment Regulations, 2018 - Issue of amendment to Public Notice
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Sea cargo manifest amendments: revised filing timelines, registration and bond rules, transhipment forms and sealing requirements updated.
The 2019 amendments to the Sea Cargo Manifest and Transhipment Regulations revise definitions, registration and bond requirements, electronic filing and update windows for arrival and departure manifests, transhipment forms and sealing rules, carrier liability for outsourced functions and container detention charge limits, and add transitional provisions and new prescribed Forms and bond text for compliance from Gazette notification.
Non-compliance with certain provisions of SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 (“ICDR Regulations”)
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Fines for ICDR non-compliance: exchanges to impose daily penalties and pursue enforcement, protecting investor interests.
Non-compliance with specified provisions of the SEBI ICDR Regulations, 2018 attracts daily fines imposed by stock exchanges for delays in actions including completion of bonus issues, conversion and allotment of convertible securities, listing applications and seeking trading approval. Fines are credited to the Investor Protection Fund; exchanges must publish non-compliant entities and fine details, issue notices for payment, and may initiate enforcement, including prosecution, for failure to pay. For bonus issues, listing and trading approvals for promoters' shares may be withheld until fines are paid, whereas approvals for non-promoter bonus shares may be granted subject to other compliance.
Clearance of Baggage at Unaccompanied Baggage Centre (Speedy CFS), J.N. Custom House, Nhava-Sheva
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Baggage screening requirement: non-selected consignments must undergo complete X-ray screening or mandatory opening and examination.
All FCL baggage-only containers must be sent to Speedy CFS for examination; LCL consignments are examined by UB officers at the CFS where cargo lies except for specified remote yards whose LCL will be examined at the UB Centre on prior intimation. Consignments not selected by RMS for drive-through scanning at CSD JNCH must undergo complete X ray screening at Speedy CFS; packages that cannot be X rayed must be opened and physically examined. LCL baggage not scanned and destined for other CFSs will likewise be opened and examined.
Regarding Speedy Disposal of references received by SEZs
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Speedy disposal of exporter references: zones must expedite processing and provide interim replies within a short specified period.
SEZs are directed to expedite disposal of references received from exporters and to provide an interim reply within a short specified period where final decisions will be delayed, requiring time bound processing of exporter references.
Setting up helpdesks on filing of Annual Returns at various locations in Nagpur-I Commissionerate
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Annual GST return filing facilitation: helpdesks set up to assist taxpayers in meeting the fixed filing deadline.
The Commissionerate established helpdesks to facilitate filing of Annual GST returns (GSTR 9, GSTR 9A, GSTR 9C) and stated the extended filing deadline will not be further extended. Continuous facilitation commenced on 19 August 2019 at multiple Help Desk Centres within Nagpur I Commissionerate, with designated officers and contact numbers provided for City Division, Hingna, Chandrapur and Bhandara to assist taxpayers and practitioners in meeting filing obligations.
Launch of Indian Customs EDI System- (ICES 1.5) for Imports and Exports, at INKGJI (Karimganj Steamerghat & Ferry Station LCS), INMREB (Moreh LCS), INMHGB (Muhurighat LCS), INAGTB (Agartala LCS) and INSMPB (Srimantapur LCS)- amendment
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Customs EDI system rollout deferred at specified land customs stations; new implementation date to be notified.
Deferral of the launch of the Indian Customs EDI System (ICES 1.5) at Karimganj Steamerghat & Ferry Station LCS, Moreh LCS, Muhurighat LCS, Agartala LCS and Srimantapur LCS is announced due to technical issues; the roll-out is postponed and a new implementation date will be intimated in due course.
Formation of Specialized GST Ward for Entertainment Services in Delhi
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Entertainment services GST administration centralises registration, assessment, monitoring and collection within a dedicated jurisdictional ward.
GST administration for entertainment and luxury services is centralised through creation of Ward No. 209 (Entertainment), with jurisdiction extending across the National Capital Territory of Delhi. Registered dealers engaged in entertainment and luxury services are to be transferred to the specialised ward, and future registrations for entertainment activities are to be dealt with there. Officers appointed under the Delhi GST framework may exercise their statutory powers in relation to the ward.

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