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Functions assigned to the officers under Bihar GST Act,2017
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Delegation of powers under Bihar GST Act assigns specific officers defined statutory and rule functions, subject to commissioner limits.
Commissioner assigns specified officers as proper officers under the Bihar Goods and Services Tax Act, 2017, allocating particular statutory and rule based functions to the Commissioner, Joint Commissioner, Deputy Commissioner/Assistant Commissioner in charge of Circles, and other officers as set out in the table; exercise of these powers is subject to conditions and limitations the Commissioner may impose by order.
Action against Exclusively Listed Companies and its Promoters/Directors pending Exit Offer to the Shareholders
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Restrictions on exclusively listed companies: freeze of promoters' transfers and market access barred until exit option provided to shareholders.
SEBI requires that promoters and directors of non-compliant Exclusively Listed Companies must have all equity share transfers and corporate benefits frozen and their identities disseminated; their bank accounts/assets may be attached to compensate investors. Such promoters, directors and promoted companies are barred from raising capital in the securities market and from serving as directors of listed companies until an exit option is provided to public shareholders and certified by the Designated Stock Exchanges, with Exchanges and Depositories instructed to coordinate enforcement.
Customs - Clarification regarding exports under claim for drawback in the GST scenario
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Duty drawback self declaration replaces GST officer certificate, enabling higher drawback rates subject to audit verification.
The requirement for a certificate from the jurisdictional GST officer under Note and Condition 12A has been removed and replaced by an exporter self declaration to claim higher All Industry Rates of duty drawback; the revised Note is applicable to exports from the GST transition period and the prescribed declaration will be included in the EDI shipping bill, with exporters allowed to submit a single consolidated declaration for prior shipping bills and subject to audit verification to prevent double neutralisation of taxes.
Guidelines/Instructions for detention/lnspection report under section 68 and 129 of the HGST Act/CGST Act and Section 20 of the IGST Act, 2017.
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Detention and seizure procedure for goods in transit: inspection, inventory, show cause notice and security-based release options.
Where a conveyance intercepted during movement gives rise to suspicion, an officer may detain/seize goods, conveyance and documents, prepare an inventory, hand them to a named custodian with directions for safekeeping, and value goods at market price in the presence of the owner or person-in-charge. The officer must issue a Show Cause Notice specifying tax and penalty; after reply the officer may impose tax and penalty and release goods or accept a security for release. Failure to pay will lead to confiscation proceedings and penalty under applicable rules.
Electrical Capacitors (Quality Control) Order, 2017
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Standard Mark compliance required for electrical capacitors; manufacture or sale prohibited without valid BIS licence and conformity.
The Order mandates Standard Mark conformity for electrical capacitors listed in the Schedule and prohibits manufacture, import, storage for sale, sale or distribution of capacitors not meeting the specified Indian Standards or lacking the Standard Mark. Manufacturers must obtain a BIS licence before regular production; substandard capacitors must be destroyed within one month. Appropriate authorities may require information and samples, inspect records, enter premises and seize finished stock, with searches governed by the Criminal Procedure code. Noncompliance, concealment or refusal to furnish information attracts criminal penalties.
Margin Trading Facility- Clarification
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Margin Trading Facility funding limited to commercial paper and unsecured long term promoter or director loans, subject to compliance.
Brokers providing the Margin Trading Facility may borrow funds only by issuing commercial paper, subject to RBI guidelines, or by taking unsecured long term loans from promoters and directors, subject to Companies Act provisions; all other sources are prohibited. Stock exchanges must implement the modification to the earlier circular's borrowing condition, amend relevant rules and notify member brokers.
Leviability of Integrated Goods and Services Tax (IGST) on High Sea Sales of imported goods and point of collection thereof-reg.
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Integrated Goods and Services Tax on high sea sales is collectable only at the time of importation, covering value additions.
IGST on high sea sales of imported goods is levied only once at the time of importation when import declarations are first filed; value additions from each high sea sale are included in the value on which IGST is collected. The importer filing customs entry must produce the chain of documents (original invoice, high-seas-sale contract, service charges/commission details) to link initial and last transaction prices, and authorities may reject declared values and determine price under the Customs Valuation Rules when doubts arise.
Allocation of quantity (non-country specific) for export of sugar to USA under Tariff Rate Quota (TRQ)
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Tariff Rate Quota for refined sugar: exporters advised to secure a US applicant for first-come-first-served specialty allocations.
A non-country specific Tariff Rate Quota for refined sugar for US fiscal year 2018 allocates the WTO minimum plus an additional specialty sugar quantity, with organic and other specialty imports administered by US authorities on a first-come, first-served basis in five tranches. Due to high competition and rapid filling of specialty allocations, Indian exporters are advised to identify a US-based company to apply to the USDA to access the tariff-free quota and thus facilitate exports of specialty sugar to the USA.
Online Filing System for Alternative Investment Funds
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Online filing requirement for alternative investment funds mandates exclusive use of the Intermediary Portal for registrations and compliance filings.
Mandatory online filing requires all AIF applicants and registered funds to submit registration applications, compliance reports and requests under AIF Regulations exclusively through the designated Intermediary Portal; existing registrants must activate portal accounts and consult the portal manual or helpline for assistance.
Extending the Single Window Interface for Facilitation of Trade (SWIFT) in Exports with WCCB to all EDI locations
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Single Window Interface for Facilitation of Trade extended to enable online WCCB referrals for CITES/wildlife export NOCs nationwide.
SWIFT on the export side is extended to effect online referral of shipping bills to the Wild Life Crime Control Bureau (WCCB) for a No Objection Certificate in respect of CITES/wildlife items at all Customs EDI locations, effective 31 July 2017; referrals will apply to shipping bills filed via ICEGATE or through Service Centres and expand the prior pilot at select air cargo complexes.
Extension of date for filing of Income Tax Returns
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Aadhaar-PAN linkage requirement: temporary acceptance of Aadhaar or acknowledgement and extension of e filing deadline granted.
Taxpayers may quote Aadhaar or an acknowledgement number when filing income tax returns on the e filing portal; PAN must be linked with Aadhaar subsequently by the prescribed deadline. Returns filed using the acknowledgement will be accepted for submission but will not be processed until PAN-Aadhaar linkage is completed. A short extension of the e filing deadline has been granted to permit affected taxpayers additional time to file.
Indian Advance Pricing Agreement regime moves forward with signing of nine APAs by CBDT in July, 2017
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Advance Pricing Agreement certainty secured, offering pre-agreed transfer pricing methods and retrospective rollback relief for taxpayers.
The APA mechanism specifies transfer pricing methods and determines the Arm's Length Price for international transactions prospectively for up to five years and permits optional rollback for four preceding years, thereby extending pricing certainty for taxpayers across a range of sectors and transaction types.
Partial modification of Instruction No. 1914, dated 21-3-1996 to provide for guidelines for stay of demand at the first appeal stage.
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Stay of demand at first appeal stage: standard deposit rate increased for contested income tax demands.
Partial modification revises the administrative guideline for grant of stay of demand at the first appeal stage by increasing the standard deposit requirement of the disputed demand to a higher prescribed percentage where the demand is contested before the Commissioner of Income-tax (Appeals); all references to the former standard rate in the earlier Office Memorandum are modified accordingly while other procedural guidelines remain unchanged.
Order under Section 119 of the Income-tax Act 1961 - Linking of PAN with Aadhar
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Due-date extension for income-tax returns permits quoting Aadhaar or enrolment number; processing deferred until PAN-Aadhaar linkage.
The tax authority extends the due-date for filing returns from 31st July to 5th August, 2017 for affected taxpayers; quoting Aadhaar or an Aadhaar Enrolment Number is sufficient for filing, but formal PAN-Aadhaar linkage must be completed subsequently and returns will not be processed under the Act's processing provision until that linkage is completed.
Trade in Border Haats across the border between Bangladesh and India
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Border haat trade permits specified local goods to be exchanged by residents within a radius, via barter or local currency.
Trade in designated Border Haats between India and Bangladesh is authorised under the Foreign Trade Policy and the bilateral MOU, identifying permissible classes of goods and allowing list amendments by the Joint Committee. Vendors and purchasers must be residents within a five kilometre radius and vendor numbers are capped. Commodities may be exchanged by barter or in local currency for bona fide personal consumption subject to a specified per day local currency purchase limit, and foreign exchange regulations are suspended for transactions in the Border Haats.
Clarification regarding applicability of Section 16 of the GST Act, 2017, relating to zero rated supply for the purpose of Compensation Cess on exports
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Zero rated supply protections ensure exporters receive Compensation Cess refund or exemption under bond with input credit relief.
Section 16 of the IGST Act, 2017 relating to zero rated supply applies mutatis mutandis for Compensation Cess: exporters may either claim refund of Compensation Cess paid on exports under provisions analogous to Section 16(3)(b) of the IGST Act, or export under bond/Letter of Undertaking without payment of cess and claim refund of unutilised input tax credit of Compensation Cess akin to Section 16(3)(a), leveraging the mutatis mutandis application of CGST/IGST procedural provisions under Section 11 of the GST (Compensation to States) Act.
IGST - Clarification on inter-State movement of various modes of conveyance, carrying goods or passengers or for repairs and maintenance
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Inter-state movement of conveyances not treated as supply, so IGST not leviable while repairs remain taxable.
Inter-State movement of conveyances between distinct persons that merely transfers the vehicle without any further supply is not a supply; IGST is therefore not leviable on such movements, but repairs and maintenance of those conveyances remain taxable under the applicable indirect tax regime (CGST/SGST/IGST).
Clarification regarding exports under claim for drawback in the GST scenario
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Drawback self-declaration allowed to claim higher duty drawback rates, replacing GST officer certificate and subject to audit verification.
The requirement for a GST officer certificate to claim higher All Industry Rates of duty drawback has been dispensed with; exporters may claim the higher rate on the basis of a prescribed self-declaration, applicable to exports with let-export order given from 1.7.2017 onwards, with the declaration format to be included in the EDI shipping bill. For goods cleared before the effective date but not let for export before that date, the earlier Central Excise certification/ declaration regime continues. Customs must prioritise disposal and audits will verify non-availment of credit or refund to prevent double neutralisation.
Detailed guidelines for re-testing of samples
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Re-testing of import samples: second-test requests accepted and authority may specify lab and rely on either test with reasons.
Procedure for re-testing of import samples: Customs must communicate initial test results; written requests for a second test go to the Additional/Joint Commissioner within ten days. The officer must specify an appropriate laboratory. Re-tests shall use remnants or duplicate sealed samples in Customs custody and be marked for immediate processing; fresh sampling requires the importer's presence. Re-testing is allowed while the consignment remains under Customs control when representativeness is disputed. The competent authority may rely on either test with written reasons, consider re-test results without prejudice, and may order a further re-test in limited cases; re-testing may be denied only for recorded reasonable grounds.
Guidelines on monitoring/revalidation of Bank Guarantee-regarding
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Bank guarantee monitoring: authorities must maintain BG registers and decide enforcement or revalidation before expiry.
Regional Authorities must monitor Bank Guarantees under the Foreign Trade Policy and Handbook of Procedures by maintaining a Bank Guarantee Register for BGs with outstanding export obligations or unredeemed status; the Register is to be reviewed monthly by supervisory officers. RAs must initiate extensions or enforcement of BGs well before expiry, and the decision to enforce or extend a BG-having revenue implications-must be taken by the Head of the Office. RAs must endorse authorisations to require Customs to release or redeem BG/LUT only after receipt of NOC or End Use Documentation and forward such endorsements to Customs at the port of registration.

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