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Circulars
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Treatment the peas (other than Yellow Peas) imported during the period 25.4.2018 to 15.5.2018
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Import policy inclusion of peas allows free clearance of qualifying consignments imported before official clarification, subject to customs verification.
Consignments of peas other than Yellow Peas imported during the period after the amendment but before the clarification, and consignments with a bill of lading dated prior to the clarification, are permitted free clearance; customs authorities must verify the type of peas for consignments covered by this stipulation.
Issuance of export authorisation / license by DGFT (Hqrs) for export of SCOMET items - reg.
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Centralised SCOMET export authorisation enables DGFT headquarters to issue licences while regions retain revalidation and enforcement.
Centralisation of issuance of SCOMET export authorisations places grant of licences with the SCOMET Cell at DGFT headquarters, signed by designated officials and copied to jurisdictional Regional Authorities, while Regional Authorities retain responsibility for revalidation after expiry, penal action, and administration of export benefits; Regional Authorities must also immediately issue authorisations for cases permitted by headquarters prior to this notice.
Special Drive “ITC Refund Week” beginning from 09th July 2018 to 14th July 2018-reg.
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Input Tax Credit refunds: special liquidation drive with dedicated refund cells and nodal officers to resolve pending claims.
A concentrated refund liquidation drive for ITC refunds will run from 09 July 2018 to 14 July 2018 with offices open on the Saturday; exclusive camps/refund cells are set up in all divisions to process pending Input Tax Credit refund claims. Taxpayers should contact designated nodal officers listed for each division for assistance, while trade associations are requested to publicize the drive. A Joint Commissioner and the Hqrs Technical Branch email are provided for escalation of unresolved difficulties.
Customs - Inclusion of Kakinada & Krishnapatnam Ports for the purpose of Imports and Exports under Notification No.32/1997-Customs, dated 01/04/1997, as amended
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Customs port inclusion permits imports and exports through Kakinada and Krishnapatnam, subject to Notification conditions and policy.
Kakinada Port and Krishnapatnam Port are permitted for imports and exports for the purposes of Notification No.32/1997-Customs, subject to all conditions of that Notification, the Import-Export policy and any restrictions imposed by the Board; the proviso to condition (vi) authorizes the Commissioner to allow imports/exports through these ports.
Procedure to be followed by Transporters carrying CID (Exports) consignments in terms of the Memorandum to the Protocol to the Treaty of Transit between India & Nepal
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Transporters of CID/CTD exports must register with the LCS, record vehicle details, and list transporter on export documents.
Transporters carrying CID/CTD (Exports) consignments must register with the concerned LCS and obtain a one year license; vehicle details must be registered and export documents (including LUT/insurance) must state the transporter, vehicle number and CHA name. Customs brokers must submit letters of authority from Nepalese exporters authorizing the broker and transporter. Failure to secure safe transit and receipt at destination will lead to deregistration and action under sections 16 and 135 of the Customs Act. A prescribed application and supporting documents are required for registration and renewal.
List of sensitive items under para 8 of the Export Procedure of the Memorandum to the protocol to the Treaty of Transit between India & Nepal
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Sensitive items designation restricts specified export consignments to prevent diversion, effective immediately under transit treaty procedures.
Para 8 of the Export Procedure under the Transit Treaty empowers the Government to specify sensitive items for CTD (Exports) to prevent diversion; the Patna Commissionerate, citing diversion incidents and border communications, has designated Buffalo Meat; Cotton Goods; Gutkha; Tobacco Products; Tea; Handicraft Goods; Readymade Garments; Noodle; Yarn; and Felt Goods as sensitive, effective immediately and to be followed until further order.
Empanelment of Insolvency Professional Entities
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Insolvency Professional Entity restrictions: IPEs may only support their partner professionals and must not seek empanelment.
An Insolvency Professional Entity (IPE) may only provide support services to its partner or director insolvency professionals and cannot act as an insolvency professional or provide services to other persons. Because IPEs are neither enrolled members of an Insolvency Professional Agency nor registered with the Insolvency and Bankruptcy regulatory board, they are prohibited from seeking empanelment with or joining panels of market participants.
Applicability of Reduced Rate of GST @12% against the EPC Works Contact already Awarded or to be Awarded by OPTCL
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GST rate on EPC works: distribution infrastructure treated as commercial use, so 18% applies to OPTCL contracts.
Applicability of GST on EPC contractors' Composite Supply of Works Contract Service to OPTCL depends on whether the project is predominantly for non commercial use and whether the work is entrusted to OPTCL by a government authority; if both conditions under the concessional notification entry are met, GST is 12%, otherwise the residual entry attracts GST at 18%. The department clarifies that distribution of electricity is commercial and industrial use, so EPC works for OPTCL attract GST at 18% unless formally entrusted work and non commercial use criteria are satisfied.
Implementation of Notification No.04 dated 25.04.20 18 - reg.
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Proportional registration for part-paid imports: registration allowed reflecting quantity tied to verified advance payment before deadline.
Imports of peas under the specified Exim classification may be registered in proportion to part advance payments remitted before the cutoff; eligible importers should apply to their jurisdictional Regional Authority which will issue Registration Certificates for quantities proportionate to the advance paid after verifying bank payment records (SWIFT) and correlating the payment amount with the contract quantity and value.
Clarification of certain issues under GST.
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E-way bill requirement: rail delivery prohibited without e-way bill and transit through another State mandates e-way generation.
Where moulds and dies owned by an OEM are provided free of cost to an unrelated component manufacturer, that provision is not a supply and the OEM need not reverse input tax credit; such moulds/dies are not to be included in the component manufacturer's taxable value. If contractually the moulds/dies are effectively the component manufacturer's assets but supplied FOC by the OEM, amortised cost must be added to the component value and the OEM must reverse credit. Mixed supplies with separately stated goods and services are taxed separately. Auction participants may declare warehouses as additional places of business and keep books at principal place with intimation; input tax credit remains available subject to conditions. Railways must not deliver without production of e-way bill; e-way bills are required when goods transit another State, while movement between DTA and SEZ within the same State is exempt if rule applies.
Rescind the Circular No. 01(05)/Circular/CESTAT/2017
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Pre-deposit requirement adjusted to include prior pre-deposit, not additional; applies to service tax appeals by directive.
The prior Tribunal circular is rescinded following a judicial order that requires the pre-deposit for a second appeal to include amounts already paid as pre-deposit for the first appeal, so that the second-appeal deposit is not cumulative over the earlier pre-deposit. The court also held that the statutory pre-deposit mechanism applies to service tax appeals, and parties and officers are directed to comply with the deposit mechanism and the rescission of the earlier circular.
Review of Adjustment of corporate actions for Stock Options
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Dividend-triggered strike price adjustment for stock options applies when dividend threshold met or timeline exemption is sought.
Adjustment in strike price for stock option contracts is required when dividends meet the prescribed threshold or when a listed entity has sought an exemption from listing-timeline obligations; existing corporate-action adjustment principles remain unchanged. Stock exchanges must implement systems, amend bye-laws and notify members and the market.
Guidelines on Anti-Money Laundering (AML) Standards and Combating the Financing of Terrorism (CFT) /Obligations of Securities Market Intermediaries under the Prevention of Money Laundering Act, 2002 and Rules framed there under
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Anti Money Laundering Compliance: intermediaries must apply risk based CDD, monitor transactions, and report suspicious activity promptly.
Intermediaries must adopt written AML/CFT procedures under the PMLA, implement risk sensitive Client Due Diligence including identification and verification of beneficial owners and PEPs, maintain transaction monitoring and record retention to permit reconstruction, and report specified cash and suspicious transactions to FIU IND within prescribed timelines while preserving confidentiality; senior management must appoint a Principal Officer and Designated Director and ensure internal audit, staff training and cooperation with asset freezing and sanctions procedures.
Sanction and disbursal of drawback claims on supplies made by DTA units to units located in SEZ
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Drawback claims: DTA suppliers to SEZ must obtain sanction and payment from the customs commissioner of their jurisdiction.
Drawback claims for supplies from DTA units to SEZ units or developers shall be processed, brand rates fixed when required, and disbursed by the Principal Commissioner/Commissioner of Customs (including Customs (Preventive)) having jurisdiction over the DTA supplier; pending claims held by Central Excise up to 30.06.2017 are to be transferred to the jurisdictional Customs commissionerates. Processing requires triplicate export/shipping bills with invoice and packing list, SEZ disclaimer, certificate of non-availment from the SEZ Specified Officer, and BRCs, and must comply with the Drawback Rules, 2017.
Defence against Writ Petitions/PILs relating to GST.
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Assistance to government counsel in GST writs: ensure departmental briefing and a designated officer to monitor hearings.
Directs field formations to strengthen support for Government counsel defending GST-related writ petitions and PILs by ensuring timely, accurate briefing, continuous case monitoring, and steps to prevent adverse orders; mandates a designated officer (at least Deputy Commissioner level) to track cases, briefing, next hearing dates and follow-up, with regular oversight by the jurisdictional Chief Commissioner/Director General.
Conduct of Oral examination under Regulation ‘6’ Customs Brokers Licensinq Requlations, 2013 on 10.07.2018-11.07.2018 m/r
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Conduct of oral examination for customs broker licensing candidates in Ahmedabad; venue, dates and candidate lists provided in Annexure A.
Notification that Ahmedabad is the designated interview venue for eligible customs broker licensing candidates from multiple commissionerates, with oral examinations to be conducted on the specified dates and details (venue, dates, candidate names and roll numbers) provided in Annexure A; candidates are directed to report difficulties to the office contact.
Duty Drawback for supplies made by DTA units to Special Economic Zones in the GST scenario
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Duty drawback processing shifted to Customs jurisdiction for DTA-to-SEZ supplies, affecting claim processing and brand-rate fixation.
Duty drawback claims for supplies by DTA units to SEZ units or developers where a disclaimer is issued shall be processed and paid by the Principal Commissioner/Commissioner of Customs or Customs (Preventive) having jurisdiction over the DTA supplier; brand-rate fixation for such supplies will also be done by that Customs office for fresh claims filed from 1.7.2017. Pending claims filed up to 30.6.2017 with Central Excise formations will be transferred to the appropriate Customs Commissionerates; existing Drawback Rules, 1995 instructions remain except as modified and Central Excise Commissionerates will continue Customs functions until formal replacement.
Procedure for exports by Post and clarification on personal imports
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Procedure for exports by post updated; trade advised to follow related e commerce export and personal import circulars.
Procedure for exports by post and clarification on personal imports are reiterated, citing the Exports by Post Regulations and related board circulars that set out procedures for e commerce exports through post and clarify treatment of personal imports; trade is requested to take note and follow these instruments for exports via foreign post offices.
Overseas Investment by Alternative Investment Funds (AIFs) / Venture Capital Funds (VCFs)
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Overseas investment limit increased for AIFs/VCFs; mandatory timely reporting of utilization and surrender on SEBI portal.
SEBI increases the overseas investment limit for AIFs and VCFs and requires reporting on the SEBI intermediary portal: utilization must be reported within five working days of use; non utilisation or partial non utilisation after the six month validity period must be reported within two working days of expiry; and any surrender of the overseas limit within the validity period must be reported within two working days of the decision. Other prior terms and conditions remain unchanged.
Circular regarding Clarification of certain issues under GST.
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GST clarifications on moulds/dies, servicing tax treatment, auction accounting, and e-way bill requirements.
Where an OEM provides moulds and dies FOC to an unrelated component manufacturer, that transfer is not a supply and the OEM need not reverse the input tax credit; such FOC moulds/dies generally are not includible in the component manufacturer's taxable value, except where contractual terms require addition of amortised cost. Separately valued goods and services are taxed at their respective rates. For auctions, principals and auctioneers must maintain books for each place of business (which may be kept at the principal place after notifying the officer) and may claim input tax credit subject to conditions. Rail deliveries require production of the e-way bill, with specified exemptions for DTA-SEZ movements.

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