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Circulars
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Implementing Integrated Declaration under the Indian Customs Single Window
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Integrated Declaration centralizes electronic PGA data submission, enabling standardized filings and risk based joint processing by customs and regulators.
The Integrated Declaration requires a single electronic submission through the Customs electronic gateway consolidating PGA data and standardized declarations, eliminating separate PGA application forms for consignments under the EDI system; it includes a supporting documents section (with planned digital signature capture), and feeds a risk based module that determines PGA referrals, inspections, testing and delegation of authority while enabling simultaneous processing by Customs and PGAs.
Guidelines for Foreign Direct Investment (FDI) on E-commerce
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FDI in e commerce: marketplace model permitted under automatic route; inventory based model disallowed with seller responsibility rules.
Marketplace model e commerce is permitted foreign investment under the automatic route while inventory based e commerce is not. Marketplace entities must act as facilitators, not own inventory, may provide support services (warehousing, logistics, order fulfilment, payment facilitation in conformity with Reserve Bank guidelines), must display seller contact details, leave post sale delivery and warranties to sellers, not influence sale prices, and ensure no single vendor or group accounts for more than twenty five percent of sales.
Investments by FPIs in Government securities
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FPI investment limits in government securities increased with phased implementation, auction/on tap allocation, and rollover of unused long term limits.
The circular increases FPI investment caps in Central Government securities, Long Term FPIs and State Development Loans with phased effective dates, sets revised aggregated caps, and prescribes allocation by exchange auctions (with a 15 day utilisation period) and on tap availability for incremental long term and SDL limits. It provides for reallocation of any unutilised Long Term FPI limit at the end of a half year to all FPIs for the subsequent half year and reaffirms existing conditions including security wise limits, coupon treatment outside caps, and a minimum residual maturity of three years.
U/s 147/148 of IT Act 1961 Uploading of Information Related to Penny Stock (Suspected Long Term Capital Gains/Short Term Capital Loss) In Respect of Assessees for Consideration for Appropriate Actions
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Reopening assessments for penny stock transactions: AIMS listing prompts consideration of actions under income tax reassessment powers.
AIMS now contains a validated list of penny stock cases (P1/P2 priority) involving suspected long term capital gains/short term capital losses; tax authorities are directed to examine those listings and consider reopening assessments under section 147/148 pursuant to EFS instructions issued by the Directorate of Income Tax (Systems).
Strict adherence to prescribed time limit in filing of SLPs before Hon’ble Supreme Court
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Strict adherence to filing time-limits for SLPs required; delays will be attributed and non-compliance treated seriously.
Instruction reiterates adherence to the Board's circular procedure and time frame for filing Special Leave Petitions before the Supreme Court; notes recurring delays in forwarding SLP proposals from Commissionerates to the Board leading to dismissals for delay; directs field formations to follow the prescribed procedure, fix responsibility for delays, and warns that any deviation will be viewed seriously.
Floor limits of tax effect for individual draft paragraphs relating to transfer pricing
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Transfer pricing floor limits established for audit reporting, with specified submission thresholds and mandatory OMNIDOCS uploads.
Establishes floor limits for transfer pricing draft paragraphs to guide inclusion in the Compliance Audit Report: corporate assessees-Rs. 2 crore (Category A) and Rs. 1 crore (Category B); non corporate assessees-Rs. 1 crore (Category A) and Rs. 50 lakh (Category B). Cases meeting these thresholds must be submitted and complete key documents uploaded through the OMNIDOCS system only.
Investment by Foreign Portfolio Investors (FPI) in Government Securities
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FPI investment limits in government securities increased with tranche releases and reallocation of unused long term quotas.
Limits for FPI investment in Central Government securities and State Development Loans are increased in two tranches with specified effective dates; existing security-wise ceilings and a minimum residual maturity requirement of three years continue to apply, coupons remain outside limits, and unutilised long-term FPI limits at half-year end will be reallocated to the open category for the following half-year, with operational allocation and monitoring guidelines to be issued by the market regulator.
Processing of Kaccha B/E's under ICES at Air Cargo Complex, Kolkata-reg.
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Kaccha Bill of Entry processing streamlines provisional import clearance; mandates system appraisal, duty payment, examination and post-clearance audit.
Kaccha Bill of Entry (KBE) processing prescribes EDI procedures for specified urgent imports with prior permission, filing as prior-entry BE in absence of IGM, system appraisal based on declared contents, automatic challan generation and bank payment requirement before out-of-charge. Designated IFOs verify IGM and documents during examination; Superintendent grants out-of-charge after documentary and permission checks and forwards originals to Post Clearance Audit. All KBEs must be audited within three days and round-the-clock processing is permitted subject to brief system downtime.
Extension of e-payment deadline and of banking hours
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Extended e-payment deadline permits electronic tax payments until the extended cutoff, with banks operating longer hours.
Extension of e-payment deadline and of banking hours: designated government-business bank counters will operate for extended hours on the stated dates and electronic transactions will continue until the prescribed cutoff, thereby permitting assessees to make electronic tax payments up to that cutoff. Tax authorities are requested to issue trade/public notices to publicize the extended e-payment hours and extended banking hours to facilitate compliance.
Special Clearing operations on March 30 and 31, 2016
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Special clearing for government transactions requires banks to participate and maintain settlement balances and infrastructure.
Directive mandates special clearing on March 30-31, 2016 for Government receipts and payments, with specified presentation and return session timings (single session for CTS 2010 and non CTS 2010 in CTS grids; locally determined timings for non MICR/ECCS centers). All clearing house member banks must participate, keep inward clearing infrastructure open during special hours and maintain sufficient clearing settlement balances. Outward participation depends on instruments received for government accounts. Banks must also be ready to operate RTGS/NEFT during extended windows as instructed.
Budget proposals for the F.Y.2016-17, inter alia in relation to the provisions of section 234B of the IT Act as applicable to the ITSC
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Interest on tax under section 234B applies to amounts disclosed in settlement applications, including cases pending when amendment commenced.
Amendment imposes simple interest at one percent per month on additional tax where an application is filed under the settlement regime, calculated from the first day of April of the relevant assessment year until the date of application, and on any increase in disclosed income following a Settlement Commission order from the same commencement point until the date of the order; the amendment applies to cases pending before the Commission on its commencement, while waiver of interest for earlier cases is an administrative decision and the central board cannot direct the Commission as it is not an income-tax authority for that purpose.
VAT deduction at source in respect of works contracts
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VAT deduction at source on works contracts requires withholding by contractees and timely remittance to treasury.
Section 36A of the Delhi Value Added Tax Act, 2004 requires persons making payments or credits to contractors under works contracts to deduct VAT at source at the prescribed rates based on contractor registration status and deposit the deducted amount to the Delhi Government Treasury within the statutory period following the month of deduction; failure to deduct or deposit attracts interest and penalties under the Act.
Prevention of use of non-genuine transferable duty credit scrips or DFIA (duty free import authorizations)
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Prevention of non-genuine duty credit scrips: field formations must verify genuineness and limit checks to alerts.
Prevention of misuse of transferable duty credit scrips and DFIA requires presentation and prompt registration at designated ports/Custom Houses, verification of genuineness from the issuing authority when electronic transmission is absent, and accurate entry into Customs EDI. Where shipping bills are filed in Customs EDI but scrips are not electronically received, shipping bill checks are limited to a random 5% in-house EDI review; registration timelines are three hours when electronic checks suffice and one day otherwise. Intrusive verifications may be undertaken only on alert/intelligence with written reasons by an officer not below Assistant Commissioner.
Implementation of the Integrated Declaration under the Indian Customs Single Window – Reg.
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Integrated Declaration requirement: revised Bill of Entry format imposes new mandatory fields and electronic statement obligations.
Implementation of the Integrated Declaration under the Single Window revises the Bill of Entry format with several newly added and mandatory fields. ICEGATE hosts the BE technical specifications and directories; PGA guidance will follow. Key operative additions include coded Enduse values, mandatory AD Code for outward remittance, expanded RSP exemption codes, an accessory status field, HSS Preceding Level, a new Commercial Tax Type flag for Central Excise registration under concessional rules, and a mandatory Statement Table with designated statement codes to enable electronic statutory undertakings.
Requirement for concerned Airline agencies for clearance of human remains at Air Cargo Complex, NSCBI Airport, Kolkata-reg.
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Clearance of human remains: Airlines must notify Customs and provide required documents to enable prompt release to relatives.
Airlines bringing human remains into NSCBI Airport must promptly notify the Assistant/Deputy Commissioner of Customs with full deceased and flight particulars using the prescribed format; inform the Airport Authority and relatives; record receipt and delivery; and cooperate with Customs supervision. Relatives or representatives must submit customs documentation under KBE (Kaccha B/E) via the ACC service centre or ICEGATE, and present a death certificate, embalming and packing certificate, passport of the deceased, APHO NOC/certificate and any diplomatic certificate to obtain customs clearance.
Implementing Integrated Declaration under the Indian Customs Single Window
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Integrated Declaration streamlines customs clearance by consolidating PGA requirements and enabling online NOC, digital documents, and risk referrals.
The Integrated Declaration consolidates all PGA data and documentary requirements into the electronic Bill of Entry filed via ICEGATE, replacing multiple separate forms and printed NOCs for consignments cleared under the Indian Customs EDI system. It standardizes and codifies declarations and supporting-document particulars, enables digitally signed document uploads, permits simultaneous electronic processing by Customs and PGAs, and feeds a dynamic risk-based selection module to determine referrals, inspections and testing under CBEC's Risk Management System.
Implementing Integrated Declaration of Bill of Entry under the Indian Customs Single Window
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Integrated Bill of Entry declaration under Single Window mandates new mandatory fields and technical ICEGATE specifications for imports.
Implementation of an Integrated Declaration of Bill of Entry under the Single Window requires use of ICEGATE technical specifications and new mandatory fields; omission of these fields will cause rejection. Operational changes include mandatory AD Code declaration (no prior registration required), coded end use values, expanded RSP exemption flags, accessory status, Preceding Level in HSS, a Commercial Tax Type flag for excise registration, and a Statement Table with specified statement codes and type DEC to enable electronic statutory undertakings.
Review of Foreign Direct Investment (FDI) policy on Pension Sector
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Foreign investment in pension sector now permitted under automatic route, with registration and approvals required for control transfers.
Foreign equity participation in the pension sector is permitted up to a capped threshold under the automatic route, subject to compliance with the pension-sector regulatory framework and mandatory registration by entities bringing in foreign investment. Transfers or transactions resulting in change of control or ownership to foreign investors require prior government approval in consultation with financial sector departments and the pension regulator, and the investee Indian pension fund is responsible for compliance; ownership and control are as defined in the FDI policy. The decision is effective immediately.
Review of Foreign Direct Investment Policy (FDI) on Insurance Sector
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Foreign investment cap in insurance maintained on automatic route, subject to licensing, Indian ownership and regulatory compliance.
A consolidated foreign investment cap permits foreign equity up to forty nine percent in Indian insurance companies and designated intermediaries on the automatic route, subject to IRDAI verification and licensing and compliance with the Insurance Act, 1938. Ownership and control must remain with resident Indian entities as defined in the relevant notification. Foreign portfolio investment follows FEMA and SEBI rules; increases in foreign equity must comply with RBI pricing guidelines. The same cap and conditions apply to brokers, TPAs, surveyors, loss assessors and other IRDA appointed intermediaries; additional conditions govern bank promoted entities and non insurance primary business revenue thresholds for intermediaries.
Empowerment by Commissioner, VAT, under Rule 65 of the DVAT Rules 2005
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Delegation of enforcement powers enables appointed officers to exercise Chapter X powers under the DVAT Act.
The Commissioner (VAT) empowers officers appointed under Section 66(2) of the DVAT Act, of not less than Special Commissioner rank, to appoint officers or persons to exercise the powers in Chapter X of the Delhi Value Added Tax Act, 2004, and to grant authority to them in Form DVAT 50, with immediate effect.

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