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Circulars
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GST - Refund of IGST - Special Refund Fortnight from 31.05.2018 to 14.06.2018 and Officer interface for Shipping Bills with other errors Chennai Customs Public Notice No. 20/2018 dated 30.05.2018 and Facility Circular No. 03/2018 dated 30.05.2018
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IGST refund: special fortnight and officer assistance introduced to resolve shipping bill errors and expedite export refunds.
A Special Refund Fortnight and officer interface have been established to rectify shipping bill declaration errors, invoice mismatches, and incorrect or missing GSTIN entries to expedite IGST refund processing; a dedicated IGST Refund Cell at Chennai's New Custom House provides officer assistance and contact details, and exporters are advised to use this facility while commissioners and trade associations must disseminate the notice to relevant officers and assessees.
Instruction regarding refund module
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GST refund monitoring through a Refund Module requires officers to record RFD-01 disposal details and track refund payments systematically.
GST refund processing was to be monitored through a departmental Refund Module, with online RFD-01 applications made available on assessing officers' central login. Assessing officers were required to record refund disposal details in the system and to enter both earlier sanctioned refunds and refunds currently under processing so that refund payments could be tracked in a systematic manner.
Procedure to be followed for EGM error SB006 related to ICDs – reg.
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EGM revalidation procedure: correct ICD records, file supplementary EGM when needed, and submit Master BL for LCL consignments.
Revalidation of EGM after SB006 C and N error rectification requires Shipping Bill, Invoice, Packing List and Bill of Lading; for LCL consignments the Master Bill of Lading must be provided. If Truck/Train summary at the ICD is absent or filed after the Gateway EGM date, a supplementary EGM is required. M errors (gateway port code mismatch) and L errors (export order date after sailing date) must be corrected at the ICD before submitting documents for revalidation. Report implementation difficulties to the Commissioner.
Foreign Investment in India -Reporting in Single Master Form
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Foreign investment reporting: single master form requirement established, entities must pre-register to remain eligible to receive investment.
Introduction of a Single Master Form for consolidated online reporting of total foreign investment in Indian entities and by persons resident outside India in investment vehicles; entities must complete an Entity Master via a web interface before the SMF goes live, and failure to do so will bar receipt of foreign investment and constitute non-compliance with foreign exchange law.
External Commercial Borrowings (ECBs) – Monthly reporting through ECB 2 Return
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External Commercial Borrowings reporting requires simplified ECB return hedging disclosures; non-compliance constitutes FEMA contravention, effective month-end.
Simplifies Part E of the ECB 2 Return to record standard hedged and unhedged ECB exposures, requiring hedging details in Part E.1 and foreign exchange earnings/expenditure in Part E.2 to be reported in an additive format and for natural hedge reporting to follow prior circular provisions. The revised format is effective from the month-end June 2018 reporting cycle; AD Category I banks must inform constituents, and lapses in submission or timing of the ECB 2 Return or Form 83 reporting constitute contraventions of the Foreign Exchange Management Act.
GST- REFUND- Constitution of Refund facilitation Cell in GST Facilitation Centers at District and State Head Quarters
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Refund facilitation cells established to assist taxpayers with GST refund processing, coordination, and reporting obligations.
Constitution of Refund Facilitation Cell in district GST Facilitation Centres and at State headquarters to assist taxpayers with refund queries and processing; District RFCs staffed by identified officers under the District Deputy Commissioner, State RFC to coordinate, collate data and reports, liaise with CGST authorities, escalate matters to the Deputy Commissioner, facilitate stakeholder meetings, and follow uploaded Standard Operating Procedures.
12/2018 - 07-06-2018 GST - States
Clarifications on refund related issues
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Refund eligibility for GST credits clarified: filing and documentation rules for exporters, ISDs, composition and non-residents.
Refund claims by an Input Service Distributor, composition taxpayer, or non-resident taxable person do not require FORM GSTR-1 or FORM GSTR-3B; their specific returns (GSTR-6, GSTR-4, GSTR-5) suffice. Portal refunds are permitted for prior mismatches between GSTR-3B and GSTR-1 within the specified historical window subject to an aggregate cap across GSTR-3B columns. Exporters may claim refund of unutilized compensation cess credit on inputs for zero-rated supplies under bond or LUT, but cess credit cannot be used to pay integrated tax. Bond/LUT is not required for zero-rated exempted or non-GST goods. Rule 96(10) restriction applies only to exporters directly receiving goods from suppliers availing specified notifications and not to indirect procurements or certain capital goods scenarios.
Service Tax - Applicability of Service Tax on ambulance services provided to Government by private service providers under the National Health Mission [NHM] - Circular No.210/2/2018 dated 30.05.2018 Communication thereof
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Public health exemption covers ambulance services to government under the National Health Mission, clarifying service tax treatment.
Provision of ambulance services to State Governments under the National Health Mission by private service providers was clarified as a service provided to Government by way of public health, falling within the exemption under Notification No. 25/2012-Service Tax. The Trade Notice was issued to communicate this clarification to the trade, field formations, officers, assessees, and industry associations.
Amendments to Prevention of Money-laundering (Maintenance of Records) Rules, 2005
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Aadhaar and PAN requirement for client accounts affirmed; securities market continues to require PAN for completion of KYC processes.
The PML amendments require collection of Aadhaar and PAN or Form 60 for client accounts and clarify acceptable OVDs and certified copies for address proof, with an extension of the submission deadline pending final adjudication. SEBI emphasizes that PAN remains mandatory to complete KYC in the securities market and directs exchanges, depositories, mutual funds and other intermediaries to amend rules, monitor compliance through half yearly audits and inspections, and report implementation to SEBI.
Amendment to Securities and Exchange Board of India (Credit Rating Agencies) Regulations, 1999
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Withdrawal of credit ratings requires issuer undertaking and reassignment with press release stating reasons under SEBI rules.
Amendment sets conditions for a CRA to withdraw a rating under Regulation 16(3): continuous rating for the higher of five years or half the instrument's tenure and an undertaking from the issuer that a rating is available. On withdrawal the CRA must assign a rating and issue a press release in the prescribed SEBI format stating the reason(s) for withdrawal, pursuant to powers under Section 11(1) of the SEBI Act and Regulation 20 of the CRA Regulations to protect investors and regulate the securities market.
IGST Refund Simplification of Process - Elimination of Errors
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IGST refund rectification: officer-verified corrections and bank-detail workflow enable expedited refund processing.
Simplification of the IGST refund process permits officer-mediated rectification via the ICES officer interface where exporters declared shipments as without IGST despite payment in GST returns, and allows sanctioning refunds for GSTIN/PAN mismatches on submission of an undertaking from the unit that filed returns. An interim workflow addresses PFMS crediting failures: daily reporting of failed transactions, verification and correction of beneficiary bank details by sanctioning authorities and system managers in ICES (CLK role), and reprocessing by PAO/e-PAO; verified communications must be sent through official ICEGATE email and the procedure complements, not replaces, proper bank detail entry in ICES.
Customs - Sanction of pending IGST refund claims where the records have not been transmitted from the GSTN to DG Systems - certain guidelines
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IGST refund procedure: interim remediation for GSTN to Customs transmission failures enabling conditional refund sanction.
An interim procedure permits sanction of pending IGST refunds where GSTN has not transmitted records to Customs EDI due to mismatches between GSTR 1 and GSTR 3B. If cumulative IGST in GSTR 3B equals or exceeds GSTR 1, Customs will request GSTN transmission and require a Chartered Accountant certificate and GST office copy for refunds. Where GSTR 3B shows short payment, exporters must pay the shortfall, submit proof (and CA certificate for larger amounts), give an undertaking, and await GSTN transmission; cases are subject to post refund GST audit and inter agency verification.
Applicable GST rate on Priority Sector Lending Certificates (PSLCs), Renewable Energy Certificates (RECs) and other similar scrips
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GST classification of lending and renewable energy certificates places similar scrips under heading 4907 at the applicable rate.
Priority Sector Lending Certificates, Renewable Energy Certificates and similar scrips are classified under heading 4907 and attract GST at 12%. The residual 18% rate applies only where goods are not covered by a specific GST rate-schedule entry. The earlier residual-rate clarification for Priority Sector Lending Certificates is modified. Duty credit scrips classifiable under heading 4907 attract Nil GST under the applicable exemption entry.
Applicable GST rate on Priority Sector Lending Certificates (PSLCs), Renewable Energy Certificates (RECs) and other similar scrips –regarding
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GST classification of certificates: RECs, PSLCs treated as goods; duty-credit scrips exempt under GST law.
Renewable Energy Certificates, Priority Sector Lending Certificates and similar documents are classified as goods under the tariff heading for documents of title and attract the GST rate applicable to that heading; duty credit scrips expressly covered by the exemption notification remain exempt. The residual GST entry applies only when no specific schedule entry governs classification.
Refund of IGST on export of Goods-Extension of date in SB005 alternate mechanism cases and Clarification in other cases -reg.
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IGST refund processing: officer-assisted corrections and a PAN-based GSTIN mismatch remedy streamline export refund claims.
Extension of officer-assisted correction for IGST refund processing is authorised to address SB005 invoice mismatches, requiring exporters to align invoice data with GST filings. A correction facility for SB003 cases is provided where differing GSTINs share the same PAN, conditional on a signed undertaking from both entities that the paying office will not claim refund or benefit; DG Systems has developed a correction utility to process such refunds.
Circular on Go Green Initiative in Mutual Funds
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Digital disclosure and delivery of NAVs and portfolio statements mandated, with online hosting and opt-in physical reporting options.
Mutual Funds/AMCs must adopt digital-first disclosures: publish NAVs and portfolio statements (with ISINs) on their and AMFI's websites, offer SMS/email delivery to registered unitholders, explain sale/repurchase price methodology with a numerical example, host scheme-wise annual reports online and email them to registered addresses, implement opt-in procedures for physical annual reports for unregistered email holders with a follow-up communication, advertise hosting and request modes in national newspapers, provide physical copies free on request, and update unitholder contact details; compliance required within thirty days except for the second opt-in timing rule.
Total Expense Ratio for Mutual Funds
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Total Expense Ratio disclosure tightened: lower allowable additional charges and mandatory daily scheme-wise TER publication.
Amendment reduces the permissible additional expense referenced in prior circulars to a lower specified rate, and requires AMCs to disclose scheme-wise, date-wise TER daily on their website and the industry website in a downloadable spreadsheet showing base TER (excluding specified additional expenses and GST), each additional expense component and GST. Any increase in base TER must be communicated to investors by email or SMS and posted on the TER section of the website at least three working days before effecting the change; decreases due to regulatory requirements need not be preceded by notice.
Guidelines for Preferential Issue of Units by Infrastructure Investment Trusts (InvITs)
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Preferential issue of InvIT units: rules for eligibility, placement document disclosures, pricing floor, allotment and transfer limits.
Guidelines require a listed InvIT to obtain unitholder approval, comply with listing and minimum public unitholding requirements, and avoid another preferential issue within six months; allotments must be completed within a prescribed short period, units issued in dematerialized form and of the same class as listed units, offered to a minimum of two institutional investors, and priced at not less than the average recent market price on the principal exchange. The preferential issue must be effected through a serially numbered placement document with specific market, valuation, financial and disclosure requirements and accompanied by a compliance certificate when seeking exchange approval.
Drawback payments held up due to PFMS invalidation
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Drawback payments held up due to invalidated PFMS bank validations; exporters must update bank accounts and IFSC with bank and EDI.
Drawback refunds are withheld where exporters' bank accounts or IFSC details are invalidated in PFMS; exporters must validate bank accounts in PFMS and update bank/IFSC with their bank and the EDI to ensure sanctioned drawback refunds are credited.
Revised instruction for stuffing and sealing of reefer containers
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Supervised factory stuffing for temperature-sensitive export goods preserves chain of custody and limits port examinations.
Supervised factory stuffing and sealing is permitted for reefer containers with temperature-sensitive export goods where port examination facilities are not sterile; exporters must apply to the jurisdictional Commissioner, give 24 hours' notice, use RFID e-seals, and have Customs officers supervise examination, stuffing and sealing. Permissioned exporter and container details are to be communicated to RMCC and the port; RMCC shall avoid selection of such containers for port examination and reconcile records monthly, with discrepancies prompting a review of permission.

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