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Minutes of the 31st GST Council Meeting held on 22nd December 2018
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GST Council approved targeted rate changes, late fee waiver for past returns, composition scheme in principle, and pilot single interface refunds.
The Council approved ratification of recent Central GST notifications, noted implementation and ITGRC decisions, reviewed revenue trends and created a GoM to analyse revenue shortfalls. It approved targeted rate rationalisations and Fitment Committee recommendations with directions to quantify revenue impacts, agreed procedural changes including late-fee waivers for specified past returns (subject to final filing), in principle expansion of composition for small service providers subject to thresholds, a centralized appellate mechanism for conflicting AAR/AAAR decisions, and a pilot single-interface automated refund disbursal integrating GSTN with PFMS; several rule and form amendments were authorised and deadlines extended.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of registration: procedural requirements for portal applications and officer obligations on processing and final return duties.
Processing of applications for Cancellation of Registration requires prescribed portal particulars including contact details, reason and effective date sought, stock and tax computations, transferee entity particulars where relevant, and last return details; officers must accept and issue cancellation orders within the statutory period except where applications are incomplete or the transferee is not yet registered, in which case deficiencies must be communicated with a seven working day response opportunity and an opportunity to be heard before rejection.
Operation of Duty Free Shops and Special Warehouse of M/s India Tourism Development Corporation, DFS Visakhapatnam
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Operation of ITDC duty free shop requires mandatory digital warehouse records, triplicate sale vouchers, and Customs-escorted supply to vessels.
The Public Notice requires that the ITDC Special Warehouse remain under Customs custody while the Duty Free Shop serves as a point of sale for ex-bonded goods transferred from the warehouse to eligible signing-off crew, passengers and masters of foreign-going vessels. The licensee must maintain SKU-based electronic records with an audit trail per Form-A, file monthly returns and expiry notices in Forms A and B, and keep digital sales records in Form-C integrated with warehouse records every 24 hours; sales are allowed only with triplicate vouchers, passport verification and Customs countersignature.
Creation of Direct Port Delivery (DPD) Cell for extension of facility of Direct Port Delivery to importers having Authorized Economic Operator (AEO) status at ACC, Import-Shed
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Direct Port Delivery extended to Authorized Economic Operator importers; dedicated DPD Cell created for registration and around-the-clock clearance.
Creation of a Direct Port Delivery (DPD) Cell at Import Shed, Air Cargo Complex to extend DPD to Authorized Economic Operator importers; Direct Port Delivery Cell established at Import Shed with Deputy/Assistant Commissioner (Administration) as in charge, IFO officers posted, and contact details provided. The Cell will register importers for DPD, and customs/IFO officers handling AEO consignments under continuous clearance duties will attend DPD facilitated Bills of Entry. The earlier Public Notice is modified to this extent and implementation difficulties are to be reported to the issuing authority.
Procedure for disposal of un-claimed/un-cleared cargo under section 48 of the Customs Act, 1962, lying with the custodians
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Disposal of unclaimed cargo: standardized auction process and NOC requirements ensure regulated disposal after notice.
Procedure mandates custodians to list unclaimed cargo over 30 days, notify importers under section 48, and forward inventories to Disposal Branch. Disposal Branch segregates consignments needing retention, regulatory clearances or chemical analysis and issues NOCs for lots fit for auction. Custodians must value lots, hold e-auctions with staged reserve-price rules, and file consolidated bills of entry for successful bidders; Customs shall assess duty and release goods on payment, with sale proceeds disbursed under section 150.
"F" Cate-gory written examination under Regulation-6 of CBLR'2018
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Document submission requirement for 'F' Category exam: specified identity details and photo files required to obtain admit card.
Applicants for the "F" Category written examination under Regulation 6 of the Customs Broker License Regulations, 2018 must submit Aadhaar, PAN, mobile number, email ID and hard and soft passport size photographs (JPG/JPEG/PNG within prescribed size limits) at the specified Customs House address in Kolkata by the stipulated deadline; failure to furnish these documents will result in non issuance of the admit card and applications will be forwarded to NACIN per CBIC instruction No. 21/2018.
Regional Advisory Committee (RAC) for Organized Sector, Small Scale Industries Sector, Service Tax Sector and 100% EOU/STP Sector for the Block Year 2018-19
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Regional Advisory Committee constitution announced to provide advisory resolution of procedural trade difficulties and quarterly meetings.
Constitution of a Regional Advisory Committee for the Organized, Small Scale Industries, Service and 100% EOU/STP sectors is announced with specified administrative office-bearers as Chairman and Secretary and nominated industry representatives. The committee's role is advisory to resolve procedural difficulties, will meet quarterly at the Chief Commissioner's office or a trade centre, and the Secretary will give advance notice of meetings; trade bodies are asked to inform their members.
Condonation of delay under section 119(2)(b) of the Income-tax Act, 1961 in filing of Form no. 10 and Form No. 9A for AY 2016-17
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Condonation of delay: Commissioners may admit belated Form 9A and Form 10 filings where reasonable cause prevented timely submission.
The Central Board of Direct Taxes authorized Commissioners of Income-tax to admit belated electronic Form 9A and Form 10 submissions where the assessee was prevented by reasonable cause from timely filing; for Form 10 the Commissioner must also verify that accumulated amounts have been invested or deposited in modes prescribed for accumulated income.
Guidance Note for AEO Web Application
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AEO Web Application launched to streamline AEO T1 accreditation, enabling online filing and zonal processing under decentralized scheme.
The AEO web portal enables online AEO T1 registration, OTP based applicant verification, sequential completion and submission of Annexures I and II via an applicant dashboard; submitted applications are assigned by the AEO Nodal Officer to a Superintendent, verified against IEC mobile/email, forwarded with remarks through a level 2 officer (AC/DC/JC/ADC) to the Zonal AEO Programme Manager and Commissioner, and if accepted sent to DIC for certificate generation, while manual filing remains permitted during the transition.
Procedure for movement of goods under TIR Carnets- m
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TIR movement of goods: carnet-based transit, customs sealing and voucher exchange, operator authorization, and capped NGA claims.
Establishes operational and guarantee framework for TIR Carnet movement in India: the TIR Carnet is the Customs control document and international guarantee issued by FICCI as NGA; departure, transit and destination Customs inspect, seal, retain and exchange vouchers, report discrepancies and may initiate inquiries; operators must be authorized (AEO-LO holders may be used) and containers must meet Convention standards; claims against the NGA are subject to notification, time-limits and a USD 50,000 per-carnet cap, with the NGA required to pay within three months.
Corrigendum to Trade Circular No. 36T of 2018 dated 3td December 2018.
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E-way bill applicability clarified: monetary threshold applies to inter-State movement; intra-State exemptions preserved.
Clarifies that the monetary limit referenced in the prior circular applies to inter-State movement only and that intra-State e-way bill requirements remain governed by the referenced Notification. Consequently, consignments that both commence and terminate within the State need no e-way bill where their consignment value does not exceed the prescribed intra-State threshold. A specific exemption permits intra-State transport of certain textile goods for job work over short distances without e-way bills regardless of consignment value, provided movement begins and ends within the State.
Sanction of IGST refunds
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IGST refund sanction requires exporters to submit missing documents and concordance table to resolve SB003/SB005 errors.
Sanction of IGST refunds is to be processed through the officer interface per the referenced circulars and public notices. Exporters with shipping bills showing SB003 and SB005 errors must submit all relevant supporting documents, including the Concordance table (Annexure A of the circular), to enable speedy sanction of refunds.
Forwarding of received applications under Regulation 4 of Customs Brokers Licensing Regulations, 2018 to National Academy of Customs, Indirect Taxes and Narcotics, NAClN
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Customs Brokers Licensing online exam requires applicants to submit passport photo and contact details for registration.
Principal Commissioners and Commissioners must forward applications received under Regulation 4 to NACIN to facilitate the online examination under Regulation 6. Applicants are required to provide passport-size photographs, mobile numbers and email addresses; the necessary information must be submitted to NACIN by 31.12.2018. Any difficulties should be reported to the issuing office.
Amendment of Vessel Name and Rotation Number in Shipping Bill
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Amendment of vessel name and rotation number on shipping bills not required as data auto-populates from export manifests.
Amendment of vessel name and rotation number on shipping bills is not required because these particulars are automatically picked up from the Export General Manifest (EGM) and updated in the system. Stakeholders should cease seeking manual amendments; the instruction is to be treated as a standing order for officers and staff, and any difficulties should be reported to the office.
Procedure for disposal of un-claimed/un-cleared cargo under section 48 of the Customs Act, 1962, lying with the custodians
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Disposal of unclaimed cargo: custodians and Customs must follow prescribed notices, NOC, testing, valuation and e auction procedures.
Procedure sets a regime under section 48 for disposal of un claimed/un cleared cargo: custodians must list consignments unclaimed beyond thirty days, update importer contacts, serve statutory notices, prepare inventories (with Customs sample checks), obtain Customs NOCs, secure third party regulatory clearances and testing where required, or arrange destruction if unfit. Custodians must obtain approved valuations to set reserve prices, conduct e auctions under prescribed multi round rules, file consolidated bills of entry for successful bidders, and ensure Customs duty assessment and release; sale proceeds are disbursed as per section 150.
Non-requirement pf signature and stamp of LEO Officer on the final print-out of the Shipping Bill. M/r
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Non-requirement of officer signature on system-generated shipping bills affirmed, printouts valid without stamp and trade to report issues.
The final print-out of the Shipping Bill generated through the Customs EDI System after Let Export Order (LEO) bears the name and SSO ID of the officer who granted LEO; therefore, the physical signature and stamp of that officer will not be required on the system generated Shipping Bill print out. Stakeholders should report any difficulties to the office.
Procedure for dealing with "shipping bill copies" consequent to doing away of "Exchange Control Copy" and "Export Promotion Copy" of Shipping Bill vide Customs Circular No.55/2016-Cus dated 23.11.2016. m/r.
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Shipping bill copy procedure: customs copy now travels with exporter to shipping line and returned via EGM.
Following removal of the Exchange Control and Export Promotion copies, Customs will not retain the Customs copy after issuance of Let Export Order. The Customs copy must be submitted by the exporter to the shipping line as proof of clearance and the shipping line will file it with Customs as part of the Export General Manifest. Exporters should retain the Exporter's copy of the LEO for recordkeeping, audit and future reference.
Launch of Indian Customs EDI System- (ICES 1.5) for Imports and Exports, at Essar Bulk Terminal Salaya Limited PORT (INSALI), Jamnagar Okha Highway, Dist:- Devbhoomi Dwarka-361305
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Indian Customs EDI (ICES 1.5) at Essar enables electronic filing, single window clearances, digital documents and automated duty processing.
ICES 1.5 is launched at Essar Bulk Terminal (INSALI) to enable electronic filing and automated online processing of Bills of Entry and Shipping Bills via ICEGATE and Service Centres. The regime mandates IEC, CHA and shipping agent registrations, integration with SWIFT and e SANCHIT for digitally signed supporting documents, and prescribes automated self assessment on BE number generation. ICES computes assessable value and duties (including IGST and Compensation Cess), allocates cases to Appraising Groups, enforces electronic duty payment, centralised Bond Management, and systemised workflows for IGM filing/amendments, queries, inspections, out of charge and export Shipping Bill processing with RMS risk routing.
Extension of Custodianship of M/s Gangavaram Port Limited Visakhapatam under section 45(1) of Customs Act, 1962
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Custodianship extension under Customs Act conditioned on compliance with cargo handling regulations and board instructions.
An administrative extension of custodianship for M/s Gangavaram Port Limited is authorized under the Customs Act for a fixed term, conditioned on strict compliance with the Handling of Cargo in Customs Area Regulations and any instructions or guidelines issued by the Board or Custom House; continued custodial authority is contingent on observance of regulatory and procedural requirements governing cargo handling in customs areas.
List of capital goods not permitted/permitted for import under the EPCG Scheme.
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EPCG import permissions expanded to allow PUF panels for chilled/cold storage for export and furniture for hospitals.
Amendment to Appendix 5F permits pre fabricated Polyurethane Foam (PUF) panels/doors for use in chilled rooms and cold storages set up by processing units for storage of pre frozen and frozen marine products meant for export under the EPCG Scheme, and permits furniture, fixtures, flooring and furnishing materials for hospitals, thereby expanding permitted capital goods imports under the EPCG framework.

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