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Regarding Bond or Letter of Undertaking for Export
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Bond or Letter of Undertaking for exports may be accepted by jurisdictional tax officers pending taxpayer allocation.
Zero-rated export supplies may be made either without payment of IGST on furnishing a bond or Letter of Undertaking (LUT), with refund of unutilised input tax credit, or by payment of IGST and claiming refund under the refund provisions. The prescribed bond or LUT must be filed in the specified GST form under Rule 96A. Until the administrative mechanism for assigning taxpayers between State and Central tax authorities is implemented, the bond or LUT furnished by exporters is to be accepted by the jurisdictional Assistant Commissioner or Deputy Commissioner of State Tax/Commercial Tax.
Sub: Operational problems being faced by EOU in GST regime consequent to amendment in Notification no. 52/2003-Customs dated 31-3-2003 - reg.
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Continuity bond accepted for EOUs; estimated imports may be amended and inter unit transfers taxed under GST without customs duty.
B-17 running bonds will serve as the continuity bond under the IGCR Rules 2017; estimated import quantities and values required under Rule 5(1)(a) may be submitted for periods up to one year, for shorter durations, and may be amended as needed. During a transitional period, units may use Rule 5 or procurement certificates for imports. Inter unit transfers must be invoiced with GST paid and are exempt from customs duty at transfer, with the supplier endorsing exempted duty and the recipient liable for basic customs duty upon DTA clearance.
Sub: Detailed guidelines for re-testing of samples - reg.
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Re-testing of imported samples: written request and named laboratory referral govern second tests and authority decisions.
Importers must request re-tests in writing within ten days of the first test report. If granted, the Additional/Joint Commissioner will name a suitable laboratory; re-testing shall use remnants or duplicate sealed samples in Customs custody, or be re-sampled in the importer's presence. Re-test samples should be marked "immediate." The competent authority may rely on either the first test or the re-test, recording written reasons, and may order a further re-test while the consignment remains under Customs control. Re-testing is generally facilitated but may be denied occasionally with written reasons; departmental-initiated re-tests follow the same procedure.
Filling of online return for first quarter of 2017-2018-extension of period thereof
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Extension of filing deadline for quarterly VAT returns allows delayed submission while payment obligations remain unchanged.
The Commissioner, exercising powers under Rule 49A, extended the last date for filing online or hard copy quarterly VAT returns in Form DVAT-16, DVAT-17 and DVAT-48 with required annexures; tax payment obligations remain unchanged and dealers filing with a digital signature need not submit a hard copy of the return/Form DVAT-56.
Extension of time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the Tamil Nadu Goods and Services Tax Rules, 2017.
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Composition levy filing extension granted; deadline extended for submission of FORM GST CMP-01 under rule 3(1).
The Commissioner of State Tax, under Rule 3(1) of the Tamil Nadu Goods and Services Tax Rules, 2017, extends the period for filing intimation to opt for the composition levy by permitting submission of FORM GST CMP-01 by a new specified deadline for eligible taxpayers.
Securities and Exchange Board of India (International Financial Services Centres) Guidelines, 2015 – Amendments
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Shareholding and governance for IFSC market infrastructures redefined to require parent majority subsidiaries and international governance standards.
The amendments require stock exchanges, clearing corporations and foreign depositories to form subsidiaries to operate in IFSCs with the parent retaining majority paid up equity; other specified market entities may hold remaining equity subject to an individual cap. Indian depositories may set up ring fenced IFSC Depository Services with Board approval. SEBI-registered intermediaries (except trading or clearing members) may operate in IFSC without forming a separate company subject to prior Board approval; trading and clearing members must form a company. IFSC market infrastructures are exempted from certain domestic regulations but must adopt international governance principles and remain governed by their parent entity.
Permission for bringing goods meant for export by import/domestic freight containers
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Permission for export goods in import/domestic freight containers allowed into CFS subject to immediate carting and examination.
Imported or domestic freight containers may enter the CFS only when carrying goods meant for export, and such goods must be carted into the CFS immediately; Gate Officers must ensure containers are empty at exit, physically examine empties before permitting departure, and endorse the gate pass as "checked and found empty".
Extending the Single Window Interface for Facilitation of Trade (SWIFT) in Exports with WCCB to all EDI location
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Single Window Interface for Trade extension integrates online WCCB referrals into export processing across all customs EDI locations.
Extension of online referral to the Wildlife Crime Control Bureau (WCCB) under the Single Window Interface for Trade (SWIFT) requires shipping bills for CITES/wildlife export items to be referred electronically from all Customs EDI locations, with mapping to WCCB offices following import allocations and ICES Local System Managers mapping SW NOC module roles to respective WCCB officers per the DG (Systems) user manual.
Duty Drawback for supplies made by DTA units to Special Economic Zones in the GST Scenario
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Duty drawback jurisdiction shifted to Customs commissioners for DTA-to-SEZ supplies, with pending claims transferred and brand rates fixed by Customs.
Duty drawback claims for supplies by DTA units to SEZ units or developers shall be processed and paid by the Principal Commissioner or Commissioner of Customs having jurisdiction over the DTA unit, with brand rate fixation by that office for fresh claims filed from 1 July 2017 onward; claims filed up to 30 June 2017 and pending with Central Excise formations shall be transferred to the jurisdictional Customs office, while other processing instructions remain unchanged and Central Excise commissionerates will continue discharging Customs functions until replacement Customs commissionerates are notified.
Drawback of Integrated Tax and Compensation Cess paid on imported goods upon re-export under Section 74 of the Customs Act, 1962
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Drawback inclusion of integrated tax and compensation cess now permitted on re export, subject to no credit certification.
Drawback entitlement on re exported imports now includes refund of integrated tax and compensation cess; the Re export Rules have been amended accordingly. Sanction of such drawback requires a certificate from the competent GST officer confirming that no input tax credit or refund of integrated tax or compensation cess has been availed or claimed on the imported goods to prevent double benefit, while existing drawback procedures continue to apply.
Compliance of International Standards for Phytosanitary Measures (ISPM-15) in respect of wood packaging material by exporters
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ISPM-15 compliance required for wood packaging; non-marked material must be inspected and reported to quarantine.
Export consignments must be packed with wood packaging material conforming to ISPM-15. Customs officers shall inspect export and import consignments for the ISPM-15 mark and report unmarked or doubtful wood packaging to the Plant Quarantine Officer or relevant authorities for action, in accordance with Customs Circular No. 13/2011.
Customs -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 Exports expands WCCB online referrals to all EDI locations, streamlining export NOC processing.
Extension of online referral under the Single Window Interface (SWIFT) mandates that export Shipping Bills involving CITES/wildlife items be referred electronically to the Wild Life Crime Control Bureau (WCCB) for a No Objection Certificate, and that all Customs EDI locations adopt the same EDI-to-WCCB office mapping used for imports, with ICES role mapping performed by Local System Managers per the SW NOC module and user manual.
Expansion of 24 X 7 customs clearance and clarification of MOT charges in CFSs attached to 24 X 7 ports
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Round the clock customs clearance expands to all entries and attached CFS operations, with merchant overtime fee exemption following.
Extension of round the clock customs clearance requires designated ports and air cargo complexes to process all Bills of Entry and shipping bills continuously; custodians and trade must provide logistics support. The Customs Regulations exempt the Merchant Overtime Fee for services by customs officers at continuous hours ports and airports, and the exemption applies to customs activities carried out within Container Freight Stations attached exclusively to such ports, including verification of factory stuffed containers and exports covered by free shipping bills.
Clarification regarding exports under claim for drawback in the GST scenario
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Drawback self-declaration enables higher AIR drawback where GST officer certificate is unavailable, subject to verification to prevent double neutralisation.
The requirement for a certificate from the jurisdictional GST officer to claim higher AIR duty drawback is dispensed with; exporters may claim higher rates on the basis of a prescribed self-declaration (also to be included in the EDI shipping bill) that no input tax credit or refund has been or shall be availed, with the amendment applicable to exports governed by the revised Note and Condition 12A with effect from 1.7.2017.
Allocation of quantity for export of preferential quota sugar to USA under TRQ quota
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Tariff Rate Quota allocation for raw sugar to USA allows limited preferential exports subject to export duty and certification.
Allocation of 8424 MT of raw sugar to the USA under the Tariff Rate Quota from the non levy (Free Sale) quota for the US fiscal year 2018 is authorised; exports are governed by the TRQ framework, remain subject to the 20% export duty on sugar w.e.f. 16 June 2016, and must meet certification requirements including Certificate of Origin issued by the Additional Director General of Foreign Trade, Mumbai, together with the reporting obligations prescribed in the cited notifications.
Modification of SION existing at Sl. No E 8 for export product "Cashew Kernel”
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Import entitlement amendment increases raw cashew requirement for cashew kernel exports under FTP trade notification.
Amendment to SION entry E8 revises the input entitlement for cashew kernel exports in the Handbook of Procedure Vol. II, increasing the quantity of raw cashew required per unit of exported cashew kernel and thereby changing the import entitlement applicable at the cited serial item under the Foreign Trade Policy.
Exim Bank's Government of India supported Line of Credit of USD 24.54 million to the Government of the Republic of Ghana
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Government backed Line of Credit for export finance imposes 75% India sourcing and EDF declaration requirements.
A Government of India supported Line of Credit (LoC) from Exim Bank to Ghana finances export of eligible goods and services for a sugarcane development and irrigation project, requiring at least 75% of contract value to be supplied from India and allowing 25% procurement from abroad. The LoC is effective from July 7, 2017 with a terminal utilisation period of 60 months after scheduled completion. Shipments must be declared on the Export Declaration Form; no agency commission is payable under the LoC though exporters may remit commission from their own resources or EEFC balances subject to AD Category I bank compliance. Directions are issued under Section 10(4) and Section 11(1) of FEMA.
Issues related to Bond/ Letter of Undertaking for exports without payment of integrated tax
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Exports under Letter of Undertaking - allow exports without integrated tax subject to running bond, bank security and jurisdictional acceptance.
Exports without payment of integrated tax require a Bond or Letter of Undertaking (LUT) under rule 96A; eligible exporters may use LUT, others must submit a bond in FORM GST RFD-II. Bonds may be running bonds covering estimated tax liability and exporters must ensure outstanding liabilities are within bond limits or furnish fresh bonds. Jurisdictional Commissioners may require or waive a bank guarantee based on exporter track record; any required guarantee should normally not exceed the prescribed proportional limit. LUTs are valid for twelve months and acceptance is by the jurisdictional Deputy/Assistant Commissioner or temporarily by Central/State authorities.
Subject: Issues related to Bond/letter of Undertaking for exports without payment of integrated tax - Reg.
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Letter of Undertaking and bond requirement for integrated tax-free exports clarified; acceptance and security rules provided.
Exporters exporting without payment of integrated tax must furnish a Bond or Letter of Undertaking (LUT) in FORM GST RFD-11 accepted by the jurisdictional Deputy/Assistant Commissioner; until the online module is ready, the FORM may be downloaded and submitted manually. Exporters not eligible for LUT must furnish a bond on non-judicial stamp paper. Bonds may be running bonds covering estimated tax liability, require additional bonds if insufficient, and may be secured by a bank guarantee whose amount the jurisdictional Commissioner may determine based on exporter track record.
U/s 138(1) of IT Act 1961 Specified authority for furnishing the 'bulk information' to Joint Secretary, Ministry of Corporate Affairs (MCA), Government of India
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Bulk information transfer to identify dormant companies through corporate PAN, ITR, audit and SFT data under a secured MoU.
The CBDT directs that the Principal Director General of Income-tax (Systems) shall furnish bulk information under section 138(1)(a) to the Ministry of Corporate Affairs, limited to corporate PAN data, specified fields of corporate ITRs and audit reports, corporate SFT information, identified PAN-CIN and PAN-DIN associations, and other data necessary to identify dormant companies. Sharing will occur under a Memorandum of Understanding addressing transfer mode, confidentiality, secure preservation and disposal, reciprocal information flow, and agreed timelines, with a copy of the MoU forwarded for record.

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