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Clarification on refund related issues.
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Deemed export refund claims permit recipient input tax credit, while capped export turnover applies consistently in refund calculations.
Recipients of deemed export supplies may avail input tax credit while claiming refund, subject to undertakings that the supplier has not claimed refund and that the claim is limited to eligible invoices and input tax credit reflected in the valid return. Refund relief for zero-rated supplies wrongly reported in Table 3.1(a) of FORM GSTR-3B applies through 31 March 2021, within the aggregate tax declared in Tables 3.1(a), 3.1(b), and 3.1(c). The capped value of export goods must also be used in Adjusted Total Turnover under the unutilised input tax credit refund formula.
Clarification on refund related issues
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Deemed export and zero-rated refund claims allow input tax credit, while capped export values govern adjusted turnover calculations.
Recipients of deemed export supplies may avail input tax credit and claim refund, subject to debit of available credit and declarations that the supplier has not claimed refund. Refund relaxation for zero-rated supplies wrongly reported in Table 3.1(a) of FORM GSTR-3B applies through 31 March 2021, subject to the aggregate tax declared in the relevant tables. For unutilised input tax credit refunds on zero-rated supplies, the capped value of exported goods also applies in calculating Adjusted Total Turnover.
Show Cause Notice (SCN) dated 19.03.2019 issued by DRI against Sh. Anil Aggarwal and 11 others – Directions to keep SCN pending
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Authority to issue show cause notices clarified: jurisdictional customs commissionerates must issue fresh SCNs after DRI issuance invalidated.
The Board directs that the SCN dated 19.03.2019 be kept pending pending examination of a Supreme Court ruling that the DRI Additional Director General lacked authority to issue SCNs, and requires that fresh SCNs in cases currently investigated by DRI be issued by the jurisdictional customs commissionerates from where the imports originated.
Amendment in Public Notice 25 dated 13.10.2020
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RoSL claims deadline updated for shipping bills; separate filings required for pre and post cutoff periods.
Amendment to para 4.97(j) of the Handbook of Procedures requires separate online RoSL claim applications for shipping bills segregated by Let Export Order (LEO) date ranges and notifies a final filing date for applications containing shipping bills with LEO dates before the earlier cutoff while retaining the notified final date for the intermediate LEO period.
Enlistment under Appendix 2E- Agency Authorized to issue Certificate of Origin (Non-Preferential)
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Certificate of Origin authorization: Plastic Export Promotion Council added to Appendix 2E to issue non preferential certificates.
M/s. The Plastic Export Promotion Council is authorized under paragraph 2.04 of the Foreign Trade Policy to issue Certificate of Origin (Non-Preferential) and has been added at Serial No. 33 (Maharashtra) of Appendix 2E to the Appendices & Aayaat Niryat Forms, enabling the agency to certify non preferential origin for exporters under the applicable Appendix procedures.
Clarification on refund related issues
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Refund of deemed export tax: recipients may claim refunds while availing ITC, with portal debit to prevent dual benefit.
Recipients of deemed export supplies may claim refund of tax paid while availing ITC; the portal requires debit from the electronic credit ledger when refund of ITC is claimed to prevent dual benefit, and paragraph 41 of the earlier circular is modified to require prescribed undertakings and supplier/recipient declarations. The relaxation permitting filing refund applications for misclassified zero-rated supplies in GSTR-3B is extended to the revised period subject to aggregate declaration limits. For refunds under the statutory formula, the value of zero-rated/export goods included in Adjusted Total Turnover must follow the amended capped definition of turnover of zero-rated supply of goods.
Necessary documents to be submitted while applying for import authorization for import of Denatured Ethyl Alcohol (DEA)
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Import documentation requirements for denatured ethyl alcohol mandate detailed production data, stoichiometric balances, capacity approvals and environmental clearances.
Import authorisations for Denatured Ethyl Alcohol require ANF 2M and a Proforma providing a five year import and usage history with year wise finished product production (chemical/IUPAC names and structures), DEA consumption and year end balances, current on site DEA quantities in volume and weight, and complete stepwise production processes with balanced chemical reactions and stoichiometric material balance calculations for each product. Applicants must also supply proof of approved installed capacity and valid environmental clearances, with all documents self attested by an authorised representative.
Streamlining the process of IPOs with UPI in ASBA and redressal of investor grievances
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UPI mandate unblock obligations require banks and intermediaries to timely release funds and compensate investors for delays.
SEBI requires Lead Managers to ensure compliance with prescribed timelines and processes for IPO applications using UPI in ASBA, designates SCSB nodal officers, mandates SCSB SMS alerts and Sponsor Bank portals, and prescribes RTAs/SCSBs reporting and BOA+1 unblocking procedures. Non compliance attracts securities law action and a specified compensation mechanism obliges SCSBs (and Post Issue Lead Managers for delayed redressal) to compensate investors for delayed or erroneous blocking/unblocking, with Lead Managers withholding intermediary payments until confirmations of unblock completion are received.
Guidelines for Recovery from the business entities facing proceedings under Insolvency and Bankruptcy Code, 2016 (IBC)
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GST recovery during insolvency proceedings requires timely creditor claims and prohibits enforcement after a moratorium begins.
GST recovery from entities undergoing insolvency proceedings requires timely filing of departmental claims as an operational creditor. Admission of insolvency proceedings triggers a moratorium that bars recovery action, including bank attachment, while assessments and interest may extend only up to the moratorium date. Claims must be supported by assessment and recovery records. An approved resolution plan binds the Department; if liquidation begins, claims must be filed afresh with the liquidator. Officers must track proceedings, file claims and appeals within time, and prevent revenue loss.
4404/CT - 16-03-2021 GST - States
Standard Operating Procedure (SOP) for implementation of the provision of suspension of registrations under sub-rule (2A) of rule 21A of OGST Rules, 2017
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Suspension of registration: procedural framework for suspending, responding to, and revoking GST registrations after return discrepancies.
Immediate suspension of registration arises where comparisons of returns and FORM GSTR-1 data or other analyses reveal significant discrepancies or anomalies posing an immediate threat to revenue; suspension is intimated electronically in FORM GST REG-31 or via dashboard notice (FORM GST REG-17) and requires the taxpayer to explain within thirty days why registration should not be cancelled.
Amendment in Appendix 2E (List of agencies to issue Certificate of Origin-Non Preferential) regarding change in Indian Chemical Council branch address for Certificate of Origin
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Certificate of Origin-Non Preferential: amendment updates authorized issuer branch address for Indian Chemical Council in Appendix entry.
Amendment updates the list of authorized issuers for Certificate of Origin-Non Preferential by revising the branch address details for the Indian Chemical Council under the Maharashtra entry in Appendix 2E of the Handbook of Procedures; the Northern branch address has been replaced with a new Northern Region address while other branch addresses remain unchanged.
Clarification on refund related issues
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Refunds for deemed exports: recipients can claim while availing ITC but portal debits credit ledger to prevent double benefit.
Recipients of deemed export supplies may claim refund while availing input tax credit, subject to an undertaking that the refund pertains only to invoices listed for the period, does not exceed ITC availed in the filed return, and that the supplier has not claimed refund; the portal will require debit from the electronic credit ledger equal to the refunded ITC to avoid dual benefit. The relaxation for filing refunds where zero-rated supplies were misreported in GSTR-3B is extended to the specified cutoff, subject to aggregate validation across relevant GSTR-3B columns. For refund computation, the amended definition capping zero-rated goods turnover at one and a half times like domestic supplies applies when calculating adjusted total turnover for the refund formula.
Clarification on refund related issues
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Deemed export refund: portal debit of input tax credit required; circular removes ITC prohibition and clarifies adjusted turnover calculation.
Recipients of deemed export supplies may claim refund of tax paid although the portal requires debiting equivalent input tax credit from the claimant's electronic credit ledger to prevent dual benefit; the circular removes a prior prohibition on availing ITC for invoices with refund claims and requires an undertaking identifying invoices and confirming supplier non claim. The circular also extends relaxation for mis declared zero rated supplies in GSTR 3B to allow filing of refund applications under specified aggregate limits, and directs that the amended definition of turnover of zero rated goods applies when calculating adjusted total turnover for the refund formula.
Re-Appointment of CONCOR CFS, Majerhat, Kolkata as Custodian under Section 45 of the Customs Act, 1962 (Public Notices No. 11/2011 & 23/2016)
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Custodianship extension under customs law requires bond, insurance, indemnity, and continued regulatory compliance for cargo handling
Extension of custodianship of CONCOR CFS, Majerhat, Kolkata, as a Customs Cargo Service Provider under Section 45 of the Customs Act, 1962 and the Handling of Cargo in Customs Areas Regulations, 2009, for a further period of five years from 01.03.2021. The custodian must execute a bond of Rs. 20 Crore, maintain insurance coverage, indemnify the customs authorities, and comply with the Customs Act, the HCCAR, 2009, and all applicable regulatory conditions, subject to review, suspension, revocation or cancellation for non-compliance.
Rollout of Legal Entity Template
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Central KYC expansion to legal entities requires registered intermediaries to upload LE KYC records and use KYC Identifiers.
Extension of the Central KYC Records framework to legal entities mandates Registered Intermediaries to upload legal-entity KYC records using the prescribed Legal Entity template, retrieve client records via KYC Identifier with client consent, communicate generated KYC Identifiers to clients, and migrate legacy KYC records to current Client Due Diligence standards when updated information is obtained. The requirements exclude Foreign Portfolio Investors.
Review of norms regarding investment in debt instruments with special features, and the valuation of perpetual bonds.
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Investment limits on special-feature debt restrict mutual fund exposures and require segregation and adjusted valuation after triggers.
Limits are prescribed for mutual fund investments in debt instruments with special features such as loss-absorbing subordination or conversion triggers; excess holdings as of the circular date are grandfathered but no fresh investments are permitted until within limits. Schemes must provide for creation of segregated portfolios and may transfer affected instruments on a trigger event, with valuation reflecting issuer stress from the trigger date. Perpetual bonds shall be valued with a notional maturity of one hundred years and close-ended debt schemes are barred from investing in perpetual bonds.
Testing of imported food products at FSSAI notified laboratories
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Authorised Officers designation for imported food testing assigned; FSSAI officials to conduct testing at notified ports, Customs to coordinate.
Designation of FSSAI officials as Authorised Officers has been expanded by a partial modification of an earlier notification to enable named regional FSSAI officials to carry out imported food clearance processes at specified Points of Entry under the FSS Act and FSS (Import) Regulations; Customs has been directed to take necessary action and coordinate with the notified officers and laboratories for testing and clearance at the listed ports.
Amendment to Circular No. GST-Audit/2020-21/499/Commercial Tax dated 21.01.2021 for alignment with the Tax Audit Manual
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GST audit procedure revised with new committee structure, trader categorisation, notice timelines, and consolidated post-verification audit findings.
GST audit procedure was revised to align field-level review, team constitution, taxpayer categorisation, notice timelines, and post-verification objection handling with the Tax Audit Manual. A zonal audit review committee remains under the Zonal Additional Commissioner, but a local audit review committee is also created under the Joint Commissioner (Tax Audit), and both committee formations must be reported to headquarters within the prescribed time. The amendment reorganises the audit framework by requiring audit teams to be formed separately for Category 'A', Category 'B', and Category 'C' traders through the relevant zonal or local committee structure, with the stated leadership levels assigned to each category.
Amendments to provisions in SEBI Circular dated September 16, 2016 on Unique Client Code (UCC) and mandatory requirement of Permanent Account Number (PAN).
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Mandatory Unique Client Code and PAN verification required for commodity derivatives trading ensuring client identity verification and e PAN acceptance.
Members trading on commodity derivatives segments must use Unique Client Code for all clients and may not execute trades without uploading UCC details. Members must collect and verify PAN copies for existing and new clients; for e PAN they must verify authenticity on the Income Tax Department website and retain a soft copy. Exchanges must ensure upload of PAN or e PAN as part of the UCC, verify documents against the unique code and retain copies.
Development of modules of Dispute Settlement and Resolution (DSR) in the GST Portal - Modules for filing the GST appeal in the GST Portal are now available for use.
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GST appeal filing must use the DSR appeal module on the GST Portal under the statutory appeal mechanism.
Filing of GST appeals must be effected through the Dispute Settlement and Resolution (DSR) module on the GST Portal; the Bangalore Zonal Unit has developed the Appellate Authority module and the appeal-filing functionality is now available for use by appellants, representatives, and departmental officers, who are advised to file appeals via the Portal in accordance with the statutory appeal mechanism.

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