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Circulars
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Enhanced disclosure in case of listed debt securities
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Enhanced disclosure obligations for debenture trustees require public compensation details and timely ISIN-wise payment calendars.
Debenture Trustees must publish on their websites the nature of compensation arrangements, including minimum fees and determining factors, and maintain an ISIN-wise calendar of interest and redemption due and paid for the financial year, updating initial schedules and new issues promptly and updating payment status within one day of due date with delayed payments marked. Issuers and RTAs must furnish debenture holder details to DTs at allotment and monthly by the seventh working day. Privately placed issues must include additional covenants in term sheets requiring enhanced default interest for missed payments and penal interest for listing delays.
Procedure of import cargo for non-insecticidal use under CIB permit
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Import of pesticides and hazardous chemicals must await CIB permit; warehousing in bonded facilities is not permitted.
Import consignments of pesticides, fungicides and other Chapter 38 items requiring a CIB permit must be imported only after obtaining CIB permission in advance; warehousing of such hazardous chemicals in bonded/private bonded warehouses in the DTA is not permitted under the FTP, and the directive is to be treated as a standing order for officers, with implementation difficulties to be reported to the Appraising Main (Import) Deputy/Assistant Commissioner.
Mandatory Implementation of E-SANCHIT in exports
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Mandatory e-SANCHIT uploads required-exporters must submit digitally signed supporting documents when filing shipping bills.
Exporters and customs brokers must upload digitally signed supporting documents to e-SANCHIT at the time of filing shipping bills; hard-copy supporting documents will no longer be accepted at EDI locations and implementation issues should be reported to the issuing office.
Amendment of Jurisdiction of Kushinagar Division-I and Division-II under Office Order No. 278/GST/2017-18 dated 01.07.2017 due to Reorganization of Tehsils in Kushinagar District.
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Jurisdictional reorganisation under GST revises Kushinagar division boundaries after creation of new tehsils.
Revised the geographical jurisdiction of Kushinagar Division-I and Kushinagar Division-II under the earlier office order issued for designation of proper officers and division-wise territorial limits under the Uttar Pradesh Goods and Services Tax framework. Kushinagar Division-I was redefined to comprise the whole of Tehsil Hata, Tehsil Kasya, and Tehsil Captanganj. Kushinagar Division-II was redefined to comprise the whole of Tehsil Khadda, Tehsil Padrauna, and Tehsil Tamkuhiraj, together with any area of Padrauna not included in any division.
Designation of Proper Officers for Refund Proceedings under Section 54 of the Uttar Pradesh GST Act, 2017 in respect of VAS/Investigation Units and Mobile Squad Units and Amendment of Office Order No. 278/GST/2017-18 dated 01.07.2017.
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Proper Officer designation for refund proceedings limited to TRN deposits by unregistered traders under GST.
Deputy Commissioners, Assistant Commissioners and State Tax Officers posted in VAS/Investigation Units and Mobile Squad Units are designated as Proper Officers for section 54 refund proceedings only in cases where TRN was created for unregistered traders and deposits were made through those units. The earlier office order is amended accordingly, while refund proceedings for registered traders continue to be handled by officers in the concerned Division/Corporate Circles.
Power point presentations on Time Release Study of Import / Export clearance and Public/ Trade Notices issued in the recent three months to be made
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Time Release Study prompts procedural reforms to reduce cargo dwell time and adopt electronic scrip and manifest processes.
The Time Release Study for February-April 2019 showed increased RMS facilitated bills with no assessment/examination, limited registration of goods within 24 hours of duty payment, and an improving but still elevated dwell time; stakeholders were directed to use online registration to reduce dwell time. Administrative measures include immediate receipt of Sevottam submissions, creation of a facilitation cell under Turant Customs to clear facilitated Bills of Entry across sites, electronic transmission of MEIS/SEIS duty credit scrips to Customs via ICES, and compliance with the Sea Cargo Manifest and Transhipment (Amendment) Regulations, 2019.
Task Force for drafting a New Direct Tax Legislation-Extension of term
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Extension of Task Force term: deadline extended for submission of report to allow completion of drafting new direct tax law.
The Task Force constituted to draft a new direct tax law, reconstituted with authority to co-opt members and including the co-option of a Principal Commissioner, has had its term extended by official order to permit submission of its report by a newly specified deadline; the extension is issued with ministerial approval and communicated by a Joint Commissioner under the original Terms of Reference.
Clarification regarding utilisation of Input Tax Credit under GST
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Input Tax Credit under GST clarified for application under Uttar Pradesh SGST and aligned with the Central circular.
Clarification regarding utilisation of Input Tax Credit under GST was issued by adopting the Central Board of Indirect Taxes and Customs circular dated 23.04.2019 for application under the Uttar Pradesh SGST Act and Rules. The clarification contained in the Central circular is stated to be equally effective for Uttar Pradesh SGST, and subordinate officers are to be informed and compliance ensured accordingly.
Exemption from GST on upfront amounts paid in instalments for plots given on long-term lease
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GST exemption for upfront instalment payments on long-term lease plots extended under the applicable tax circular.
Exemption from GST applies to upfront amounts paid in instalments for plots given on long-term lease. The circular clarifies that such instalment-based upfront payments are covered by the exemption under the relevant GST notification. The same position is stated to apply under the Uttar Pradesh SGST Act and Rules, with officers to be informed and compliance ensured accordingly.
Applicability of GST on Seed Certification Tags
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GST applicability on seed certification tags is extended under Uttar Pradesh SGST, with officers directed to ensure compliance.
GST applicability on seed certification tags is clarified by adopting the Central circular on the subject. The circular's position regarding taxation of seed certification tags is stated to be equally applicable under the Uttar Pradesh SGST Act and Rules. Officers are directed to apprise subordinate officials and ensure compliance in accordance with the stated position.
Clarification regarding filing of applications for appeal against cancellation of registration
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Cancellation of registration appeals clarified under GST procedure, with central guidance made applicable for compliance under state rules.
Clarification is issued on the filing of applications for appeal against cancellation of registration in terms of the Central Grievance Redressal Order and the corresponding central circular. The clarification contained in the central circular applies equally under the Uttar Pradesh SGST Act and Rules. Field officers are directed to take note of the circular and ensure compliance accordingly.
Clarification in respect of utilization of input tax credit under GST
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Input tax credit utilization: integrated tax must be exhausted first, then central or state credits may be applied.
The circular clarifies that input tax credit of integrated tax must be completely exhausted before any central tax or state/union territory tax credit is utilized, while permitting the integrated credit to be applied towards central and state liabilities in any order and proportion; until the common portal implements this rule, taxpayers may continue to use the portal's existing utilization functionality.
Manufacturing and other operations undertaken in bonded warehouses under section 65 of the Customs Act -Ease of doing business
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Bonded warehouses: duty deferred until domestic clearance, centralized approvals and zero-rating for exports streamline operations.
Approval for manufacturing in bonded warehouses is centralized with the jurisdictional Commissioner of Customs; imports of capital goods and inputs are allowed without duty payment until clearance to the domestic tariff area, exports of resultants are zero-rated, there is no limit on export or domestic clearance and no mandatory minimum export obligation, and compliance is to be managed through a single digitalized account with nodal officers designated for stakeholder outreach.
ORDER UNDER SECTION 119 OF THE INCOME-TAX ACT, 1961.
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Extension of TDS compliance deadlines for affected Odisha deductors grants additional time for deposit, filing and certificate issuance.
Extension of TDS compliance deadlines for deductors in the State of Odisha: the Board extends the due date for depositing tax deducted at source for April 2019 to a later date in May, extends the due date for filing the quarterly TDS statement for the last quarter of financial year 2018-19 into June, and extends the due date for issuance of TDS certificates in Forms 16 and 16A by one month for affected deductors.
Extending due date for TDS Odisha - Order u/s 119 of the Income Tax Act, 1961
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TDS deadline extensions for Odisha deductors provide procedural relief for deposit, filing and certificate issuance after cyclone disruption.
Exercise of administrative power under section 119 grants deductors in Odisha time-limited procedural relief due to cyclone-related disruption: extensions for depositing TDS for April 2019, filing the quarterly TDS statement for the last quarter of 2018-19, and issuance of TDS certificates in Form 16 and Form 16A, each replacing the original deposit, filing, or issuance deadline for deductors in the State of Odisha.
Modification of circular no 1 of 2014 in view of substitution of gst
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Income tax TDS deduction must exclude GST component and follow CBDT circular procedure for full compliance.
Income tax TDS deductions by drawing and disbursing officers must exclude the GST component and follow the procedure laid down in CBDT Circular No. 23/2017 dated 19.07.2017. The circular is forwarded to concerned officers with directions to make deductions strictly in accordance with that procedure and to ensure full compliance.
FAQs related to Real Estate
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Real estate GST FAQs circulated for guidance to officers and trade organisations across the department.
The Commercial Tax Department, Uttar Pradesh, circulated a set of 41 GST FAQs relating to the real estate sector issued by the GST Council Secretariat. The letter requested that the material be communicated to subordinate officers and trade organisations. The communication is informational in nature and disseminates real estate-related FAQ guidance to field officers and stakeholders.
‘Voluntary Retention Route’ (VRR) for Foreign Portfolio Investors (FPIs) investment in debt
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Voluntary Retention Route permits FPIs to commit retained holdings in Indian debt for regulatory relaxations and allocation benefits.
The Reserve Bank introduces the Voluntary Retention Route (VRR) allowing SEBI registered FPIs to hold a Committed Portfolio Size (CPS) in Indian debt outside certain macro prudential norms, provided they retain at least 75% of CPS on an end of day basis for a minimum Retention Period (generally three years). Allocations are additional to General Investment Limits, made by tap or auction with an overall cap and tranche releases; custodians must monitor compliance, block repatriation that breaches thresholds, and report violations to SEBI.
Guidelines for launching of Prosecution in relation to offences punishable under the Customs Act, 1962 - foreign currency, foreign nationals.
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Prosecution timing for foreign currency and foreign national offences permits launching prosecution promptly, even prior to service of notice.
Prosecution timing under the Customs Act normally follows completion of adjudication, but for specified contraband items - such as gold, foreign currency, FICN, arms, explosives, antiques, art treasures, and protected wildlife and flora - prosecution is preferred immediately after issuance of a Show Cause Notice. For cases involving foreign nationals, prosecution may be launched at the earliest, even before issuance of the Show Cause Notice, to mitigate difficulties in securing accused presence and service of process.
09/2019 - 24-05-2019 GST - States
Intelligence wing - Structure.
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Intelligence wing restructuring centralises data, technical retrieval, surveys and investigations for intelligence based GST inspections and enforcement.
Restructures the GST Intelligence wing to centralise intelligence led enforcement under the Commissioner, with a Central Intelligence wing (Investigation, Data, Technical and Survey cells and a Coordination unit) preparing investigation files for Commissioner approval; and nine divisional Intelligence Divisions led by Joint Commissioners replicating investigation, inspection, review, adjudication, legal, demand collection and roving squad functions to conduct intelligence based inspections and enforcement.

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