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Circulars
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Task Force for drafting a New Direct Tax Legislation-Extension of term
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Extension of Task Force term: deadline extended for submission of report to allow completion of drafting new direct tax law.
The Task Force constituted to draft a new direct tax law, reconstituted with authority to co-opt members and including the co-option of a Principal Commissioner, has had its term extended by official order to permit submission of its report by a newly specified deadline; the extension is issued with ministerial approval and communicated by a Joint Commissioner under the original Terms of Reference.
Clarification regarding utilisation of Input Tax Credit under GST
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Input Tax Credit under GST clarified for application under Uttar Pradesh SGST and aligned with the Central circular.
Clarification regarding utilisation of Input Tax Credit under GST was issued by adopting the Central Board of Indirect Taxes and Customs circular dated 23.04.2019 for application under the Uttar Pradesh SGST Act and Rules. The clarification contained in the Central circular is stated to be equally effective for Uttar Pradesh SGST, and subordinate officers are to be informed and compliance ensured accordingly.
Exemption from GST on upfront amounts paid in instalments for plots given on long-term lease
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GST exemption for upfront instalment payments on long-term lease plots extended under the applicable tax circular.
Exemption from GST applies to upfront amounts paid in instalments for plots given on long-term lease. The circular clarifies that such instalment-based upfront payments are covered by the exemption under the relevant GST notification. The same position is stated to apply under the Uttar Pradesh SGST Act and Rules, with officers to be informed and compliance ensured accordingly.
Applicability of GST on Seed Certification Tags
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GST applicability on seed certification tags is extended under Uttar Pradesh SGST, with officers directed to ensure compliance.
GST applicability on seed certification tags is clarified by adopting the Central circular on the subject. The circular's position regarding taxation of seed certification tags is stated to be equally applicable under the Uttar Pradesh SGST Act and Rules. Officers are directed to apprise subordinate officials and ensure compliance in accordance with the stated position.
Clarification regarding filing of applications for appeal against cancellation of registration
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Cancellation of registration appeals clarified under GST procedure, with central guidance made applicable for compliance under state rules.
Clarification is issued on the filing of applications for appeal against cancellation of registration in terms of the Central Grievance Redressal Order and the corresponding central circular. The clarification contained in the central circular applies equally under the Uttar Pradesh SGST Act and Rules. Field officers are directed to take note of the circular and ensure compliance accordingly.
Clarification in respect of utilization of input tax credit under GST
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Input tax credit utilization: integrated tax must be exhausted first, then central or state credits may be applied.
The circular clarifies that input tax credit of integrated tax must be completely exhausted before any central tax or state/union territory tax credit is utilized, while permitting the integrated credit to be applied towards central and state liabilities in any order and proportion; until the common portal implements this rule, taxpayers may continue to use the portal's existing utilization functionality.
Manufacturing and other operations undertaken in bonded warehouses under section 65 of the Customs Act -Ease of doing business
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Bonded warehouses: duty deferred until domestic clearance, centralized approvals and zero-rating for exports streamline operations.
Approval for manufacturing in bonded warehouses is centralized with the jurisdictional Commissioner of Customs; imports of capital goods and inputs are allowed without duty payment until clearance to the domestic tariff area, exports of resultants are zero-rated, there is no limit on export or domestic clearance and no mandatory minimum export obligation, and compliance is to be managed through a single digitalized account with nodal officers designated for stakeholder outreach.
ORDER UNDER SECTION 119 OF THE INCOME-TAX ACT, 1961.
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Extension of TDS compliance deadlines for affected Odisha deductors grants additional time for deposit, filing and certificate issuance.
Extension of TDS compliance deadlines for deductors in the State of Odisha: the Board extends the due date for depositing tax deducted at source for April 2019 to a later date in May, extends the due date for filing the quarterly TDS statement for the last quarter of financial year 2018-19 into June, and extends the due date for issuance of TDS certificates in Forms 16 and 16A by one month for affected deductors.
Extending due date for TDS Odisha - Order u/s 119 of the Income Tax Act, 1961
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TDS deadline extensions for Odisha deductors provide procedural relief for deposit, filing and certificate issuance after cyclone disruption.
Exercise of administrative power under section 119 grants deductors in Odisha time-limited procedural relief due to cyclone-related disruption: extensions for depositing TDS for April 2019, filing the quarterly TDS statement for the last quarter of 2018-19, and issuance of TDS certificates in Form 16 and Form 16A, each replacing the original deposit, filing, or issuance deadline for deductors in the State of Odisha.
Modification of circular no 1 of 2014 in view of substitution of gst
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Income tax TDS deduction must exclude GST component and follow CBDT circular procedure for full compliance.
Income tax TDS deductions by drawing and disbursing officers must exclude the GST component and follow the procedure laid down in CBDT Circular No. 23/2017 dated 19.07.2017. The circular is forwarded to concerned officers with directions to make deductions strictly in accordance with that procedure and to ensure full compliance.
FAQs related to Real Estate
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Real estate GST FAQs circulated for guidance to officers and trade organisations across the department.
The Commercial Tax Department, Uttar Pradesh, circulated a set of 41 GST FAQs relating to the real estate sector issued by the GST Council Secretariat. The letter requested that the material be communicated to subordinate officers and trade organisations. The communication is informational in nature and disseminates real estate-related FAQ guidance to field officers and stakeholders.
‘Voluntary Retention Route’ (VRR) for Foreign Portfolio Investors (FPIs) investment in debt
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Voluntary Retention Route permits FPIs to commit retained holdings in Indian debt for regulatory relaxations and allocation benefits.
The Reserve Bank introduces the Voluntary Retention Route (VRR) allowing SEBI registered FPIs to hold a Committed Portfolio Size (CPS) in Indian debt outside certain macro prudential norms, provided they retain at least 75% of CPS on an end of day basis for a minimum Retention Period (generally three years). Allocations are additional to General Investment Limits, made by tap or auction with an overall cap and tranche releases; custodians must monitor compliance, block repatriation that breaches thresholds, and report violations to SEBI.
Guidelines for launching of Prosecution in relation to offences punishable under the Customs Act, 1962 - foreign currency, foreign nationals.
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Prosecution timing for foreign currency and foreign national offences permits launching prosecution promptly, even prior to service of notice.
Prosecution timing under the Customs Act normally follows completion of adjudication, but for specified contraband items - such as gold, foreign currency, FICN, arms, explosives, antiques, art treasures, and protected wildlife and flora - prosecution is preferred immediately after issuance of a Show Cause Notice. For cases involving foreign nationals, prosecution may be launched at the earliest, even before issuance of the Show Cause Notice, to mitigate difficulties in securing accused presence and service of process.
09/2019 - 24-05-2019 GST - States
Intelligence wing - Structure.
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Intelligence wing restructuring centralises data, technical retrieval, surveys and investigations for intelligence based GST inspections and enforcement.
Restructures the GST Intelligence wing to centralise intelligence led enforcement under the Commissioner, with a Central Intelligence wing (Investigation, Data, Technical and Survey cells and a Coordination unit) preparing investigation files for Commissioner approval; and nine divisional Intelligence Divisions led by Joint Commissioners replicating investigation, inspection, review, adjudication, legal, demand collection and roving squad functions to conduct intelligence based inspections and enforcement.
Practise of assessment of Petroleum products of Chapter 27- review thereof
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Assessment practice for petroleum products: second check allowed with valid PTR; otherwise first check with mandatory lab testing.
Revised assessment practice for petroleum imports under CTH 27101960 and 27101990: manufacturer importers who are actual users with an overseas manufacturer supplier and a valid PTR may obtain final assessment on second check where manufacturer and supplier credentials and PTR details are uploaded to e sanchit. Manufacturer importers with non manufacturer foreign suppliers may obtain provisional second check assessment with samples sent to DYCC/designated laboratory if a valid PTR is uploaded and declared. All other cases, including non manufacturer importers or lack of valid PTR, require first check assessment with mandatory laboratory testing.
Provisions of Section 65 of the Customs Act, 1962 for Manufacturing or other operations undertaken in Customs Bonded Warehouses
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Manufacturing in bonded warehouses: combined recordkeeping and export/domestic clearance rules with GST and duty obligations.
Applicants for manufacturing or other operations in bonded warehouses must hold a private bonded warehouse licence and use a single application process; licensees must maintain consolidated digital accounts in the Annexure B format (combining MOOWR and Warehouse Regulations data), execute the prescribed triple duty bond, and submit monthly returns. Exported resultant products require a shipping bill and warehoused removal procedures with no import duty on contained inputs; domestic clearance is a taxable supply under GST, requiring an ex-bond bill of entry, payment of GST and import duties on contained inputs, and reflection of transactions in Annexure B.
Mandatory Implementation of eSANCHIT
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Mandatory eSANCHIT upload: digitally signed supporting documents required at filing of shipping bills; hard copies disallowed.
Mandatory uploading of digitally signed supporting documents on eSANCHIT is required at the time of filing Shipping Bills; exporters and customs brokers must submit documents electronically and hard copies will no longer be accepted.
Discontinuing submission of physical copy of RCMCs with effect from 1.07.2019 while filling application for incentives/entitlements under FTP and further clarification in the matter
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RCMC electronic verification replaces physical submissions; single RCMC suffices and additional RCMCs remain optional for exporters.
Physical submission of RCMCs is discontinued and RCMC validity will be checked electronically from the DGFT database as uploaded by EPCs; exporters can verify upload status on the DGFT RCMC portal. An entity needs only one RCMC from its relevant EPC under Appendix 2T and may add businesses without mandatory additional RCMCs; additional RCMCs are optional. If a goods RCMC holder exports services later, a separate SEPC RCMC is not required and SEPC membership is optional.
Participation of Portfolio Managers in Commodity Derivatives Market in India
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Portfolio Managers may trade exchange-traded commodity derivatives for clients with mandatory custodian, disclosures and reporting obligations.
Portfolio Managers may participate in Exchange Traded Commodity Derivatives on behalf of clients after entering into an agreement or addendum with the client, must appoint a SEBI-registered custodian before dealing, provide disclosures in the Disclosure Document and agreement regarding risks, margins, position limits and valuation, assume responsibility for disposing of any physical goods delivered within client-agreed timelines, not onboard Foreign Portfolio Investors for such participation, and report exposures in monthly regulatory reports under "Commodity Derivatives."
Framework for the process of accreditation of investors for the purpose of Innovators Growth Platform
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Accredited investor accreditation for Innovators Growth Platform sets eligibility, verification and validity requirements and verification duties.
The circular defines Accredited Investors (AIs) for the Innovators Growth Platform and prescribes eligibility criteria (individual income and liquid net worth; corporate net worth), documentary evidence and calculation methodologies. It allocates responsibilities to Exchanges/Depositories to receive applications, verify and maintain AI records (using brokers/DPs for intake if desired) and to grant accreditation for a prescribed validity subject to notification of changed ineligibility. Merchant bankers must perform due diligence on AI eligibility at the time of listing, and Exchanges/Depositories must implement the procedure, publish the provisions and amend rules within specified timelines.

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