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Circulars
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Withdrawal of Circular No. 107/26/2019-GST dt. 18.07.2019
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Withdrawal of administrative circular directs field formations to apply replacement CBIC guidance ensuring uniform GST implementation.
The Board ab-initio withdrew Circular No. 107/26/2019-GST by issuing Circular No. 127/46/2019-GST under section 168 to address apprehensions and ensure uniform legal interpretation; the Tripura State Tax administration directs field formations to follow Circular No. 127/46/2019-GST and to issue trade notices publicizing the replacement guidance.
Acquisition of financial assets by Asset Reconstruction Companies from sponsors and lenders
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Conflict of interest restrictions bar ARCs from bilateral acquisitions with sponsors, lenders or group entities; transparent auctions allowed.
ARCs are barred from bilateral acquisition of financial assets from (i) a sponsoring bank or financial institution, (ii) a bank or financial institution that is a lender to the ARC or a subscriber to funds raised by the ARC, and (iii) any entity in the ARC's group. Despite this prohibition, ARCs may participate in auctions for financial assets if auctions are transparent, conducted on an arm's length basis, and prices are determined by market forces.
Voting on behalf of creditors in a class in the CIRP of Jaypee Infratech Limited
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Voting procedure for creditors requires authorised representative to circulate agenda and minutes and provide voting windows.
Voting by creditors in a class must follow prescribed procedures: the authorised representative must circulate the agenda and minutes and announce voting windows enabling creditors to give instructions at two stages; internal or pre-polling on matters not on the Committee of Creditors' agenda is inconsistent with the Code and Regulations and may vitiate the voting process. The Resolution Professional and authorised representative must conduct and publicise the timing and manner of voting in strict compliance with the Code, the Regulations and applicable judicial directions.
Withdrawal of CCT Circular No. GST-11/2019-20 dt. 29.07.2019
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Withdrawal of administrative circular: earlier ITeS clarifications rescinded to ensure uniform GST implementation across field formations.
The Commissioner of Commercial Taxes for Karnataka rescinded CCT Circular No. GST-11/2019-20 dated 29.07.2019 ab-initio, withdrawing the earlier administrative clarification on supply of Information Technology enabled Services (ITeS) due to representations expressing apprehension and to ensure consistent application of the goods and services tax provisions across field formations.
Clarification on scope of the notification entry at item (id), related to job work, under heading 9988 of Notification No. F.12(56)FD/Tax dated 29-06-2017
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Job work classification clarified as distinct from manufacturing on inputs owned by others, preserving separate GST treatment.
The circular clarifies that entry (id) applies only to job work, defined as treatment or processing of goods belonging to another registered person, while entry (iv) expressly excludes services covered by (id) and therefore covers manufacturing services on physical inputs owned by persons other than the registered owners, preserving both entries as distinct GST classification categories.
Withdrawal of Circular No. 107/26/2019-GST dt.19.07.2019
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Withdrawal of circular on ITeS clarifications removes prior guidance to ensure uniform implementation across field formations.
The Chief Commissioner of State Tax for Gujarat withdraws, ab-initio, Circular No. 107/26/2019-GST (clarifying supply of ITeS under GST) in exercise of powers under section 168(1) of the Gujarat GST Act to ensure uniform implementation across field formations; the withdrawal is deemed issued on 4th December, 2019.
Exim Bank's Government of India supported Line of Credit (LOC) of USD 500 million to the Government of Bangladesh
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Line of Credit financing for defence procurement requires majority local sourcing and compliance with export and FEMA remittance rules.
A Government-supported Line of Credit finances defence-related exports that are eligible under the Foreign Trade Policy and approved by Exim Bank; contracts must meet a Local Content Requirement-typically 75% supplied from India, with permitted reductions to 65% or further case-by-case reductions agreed before tendering. Shipments must be declared in the Export Declaration Form, no agency commission is payable from the facility, and AD Category I banks must ensure compliance and process permitted commission payments from exporters' own foreign exchange resources under existing remittance rules and FEMA directions.
ICES Advisory 25a/2019 — New Changes in the Bill of Entry Filing-Expansion of e-Sanchit. Matter
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e-Sanchit RN requirement: provide reference for each Invoice and Bill of Lading when filing Bills of Entry.
Importers, exporters and customs brokers must quote the e-Sanchit reference number (RN) with the specified document code for every Invoice and Bill of Lading declared in the Bill of Entry at the time of filing, pursuant to the expansion of mandatory uploads to e-Sanchit and Board guidance; difficulties should be reported to the Customs office.
Mandatory uploading of specified supporting documents and mention of document code and IRN in Bills of Entry (BOE)
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Mandatory e-document submission: invoices and transport contracts must cite eSANCHIT IRN and document code in Bills of Entry.
For every Bill of Entry, the Invoice or Invoice cum packing list and the relevant Transport Contract must be uploaded to eSANCHIT and the Bill of Entry must record the eSANCHIT IRN and prescribed document code; other supporting documents such as Certificates of Origin, licences and PGA authorisations must be submitted electronically via eSANCHIT and no physical copies should be presented.
Inclusion of Agencies in Appendix 2G as Pre-Shipment Inspection Agencies
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Pre-shipment inspection agency recognition: new agencies added with limited validity subject to compliance and bank guarantee.
Specified private and international entities are added to Appendix 2G as Pre Shipment Inspection Agencies authorised to issue Pre Shipment Inspection Certificates under the HBP regime; approval is conditional on listed instrument calibration and documentation. Recognition is limited (three years or until earlier notification) and the PSIC scheme will end after installation of equipment at entry ports by the stated deadline. Agencies must submit outstanding Bank Guarantees by the cut off date and keep membership certificates and contact details current as a condition of continued recognition.
Withdrawal of Circular No. 107/26/2019-GST dt. 18.07.2019
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Withdrawal of administrative circular on ITeS services rescinds prior clarifications to address implementation apprehensions and seek uniformity.
Circular No.107/26/2019-GST providing clarifications on supply of Information Technology enabled Services (ITeS) is withdrawn ab-initio. The Board, citing numerous representations and apprehensions and to ensure uniform implementation across field formations, has rescinded the Circular by exercising its powers under section 168(1) of the Central Goods and Services Tax Act, 2017, and has requested issuance of trade notices to publicize the withdrawal.
Clarification Issued on 05.10.2018 in Pursuance of Agenda Item No. 3(28)(viii) of the 9th Meeting of the GST Council by the Ministry of Finance, Government of India
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Intelligence-based enforcement authority now empowers tax officers to pursue and complete investigations across the entire value chain.
Officers of both Central and State tax administrations are authorized to initiate intelligence-based enforcement action against any taxpayer irrespective of administrative assignment, and the authority initiating such action is empowered to complete the entire process of investigation, issuance of SCN, adjudication, recovery and filing of appeals; GSTN is updating IT systems and State officers have been granted portal access to pursue legal proceedings against firms under Central jurisdiction where Central authorities have not initiated action, with joint zonal monitoring responsibility.
Instructions for Preparation and Maintenance of 360° Corporate Dealer Profiling System
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Corporate dealer profiling directs online trader data capture, inconsistency reporting, and audit-linked monitoring across registered traders.
Preparation and maintenance of a 360 Corporate Dealer Profiling System is directed for all traders under the jurisdiction of each Joint Commissioner (Corporate Circle), beginning with traders dealing in sensitive goods and services and then covering all remaining registered traders. Profiles are to be prepared online through the "Corporate Dealer Profile" link in the attached format, with monthly updates of trader particulars, referral of inconsistencies to the Special Investigation or Audit Wing, fortnightly monitoring by the Zonal Additional Commissioner, and consideration of profiling efforts in annual evaluation.
Imports of Onions
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Onion import facilitation to bolster domestic supply and mandate expeditious customs clearance of consignments.
Allowance of onion imports to augment domestic supply and check retail prices by directing expedited clearance of import consignments. The Government, having imposed an export prohibition on onions, has authorised imports as a supply-side measure and emphasised the need for rapid processing at ports to restore market availability, instructing Customs field formations to issue suitable directions for expeditious customs clearance.
Clarification on scope of the notification entry at item (id), related to job work, under heading 9988 of Notification (11/2017) No. FD 48 CSL 2017 dated 29-06-2017
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Scope of job work services clarified: distinguishes job work under KGST from manufacturing on inputs owned by non-registered persons.
Entry (id) is confined to job work as defined in the KGST Act-treatment or processing of goods belonging to another registered person-while entry (iv) expressly excludes the services covered by (id) and applies only to manufacturing services on physical inputs owned by persons who are not registered under the KGST Act; the entries therefore have distinct scopes and corresponding GST treatment.
Fully electronic refund process through FORM GST RFD-01 and single disbursement
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GST refund claims must be filed electronically in FORM GST RFD-01; ARN starts statutory timelines and PFMS handles payments.
Electronic submission and end-to-end processing of refund applications is mandated through FORM GST RFD-01 from 26.09.2019. ARN is generated only after complete filing and uploads and constitutes the date of filing for timelines; applications are electronically routed to the jurisdictional proper officer and may be reassigned within three working days. Acknowledgement or deficiency memo must be issued within 15 days of ARN. Provisional refunds (generally 90%) and final adjudication follow prescribed forms and recovery mechanisms; disbursement is effected via PFMS after bank validation and unique assessee code creation.
Clarification regarding optional filing of annual return under Notification (20/2019) No. FD 47 CSL 2017 dated 16th October, 2019
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Optional annual return filing for small taxpayers; portal accepts GSTR 9/GSTR 9A only before due date and DRC 03 permits self payment.
Notification (20/2019) makes annual returns for FY 2017 18 and 2018 19 optional for registered persons with aggregate turnover not exceeding two crore rupees; such taxpayers may optionally file FORM GSTR 9A (composition) or FORM GSTR 9 before the due date, after which the common portal will not permit filing for those periods. Separately, section 73 allows taxpayers to self ascertain and pay any short payment or ineligible input tax credit via FORM GST DRC 03 during reconciliation.
Restriction in availment of input tax credit in terms of sub-rule (4) of rule 36 of KGST Rules. 2017
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Restriction on Input Tax Credit limits provisional claims where supplier uploads missing, requiring self-assessment and reconciliation before full credit.
Restriction under sub rule (4) of rule 36 caps provisional availment of input tax credit for invoices/debit notes not uploaded by suppliers under section 37(1); taxpayers must self assess the admissible provisional credit by reference to aggregate eligible credit shown in supplier uploaded details (as per auto populated GSTR 2A on the supplier's GSTR 1 due date). Items outside section 37(1) remain claimable subject to eligibility. Balance ITC may be claimed in later months as suppliers upload missing details.
Norms for Debt Exchange Traded Funds (ETFs)/Index Funds
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Index replication requirements for Debt ETFs ensure issuer diversification, duration alignment and investment grade credit quality.
Prescribes norms for Debt ETFs/Index Funds including issuer level aggregation, minimum issuer diversification, single issuer weight caps, investment grade constituent ratings, and defined maturity criteria. Funds must replicate indices fully where feasible; permissible substitution rules allow same issuer issuances within a duration tolerance and, if necessary, substitution from other index issuers or non index issuers up to a portfolio cap, while maintaining portfolio duration close to the index. Deviations must be recorded; downgrades below required rating trigger prompt rebalancing. Issuers must publish index methodology and constituents and ensure quarterly compliance and transitional adherence.
Cut-off Time for Determining Minimum Threshold of Margins to be Collected from Clients
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Cut-off time for margin collection set at 5pm, applying RPF to end-of-day client portfolios to compute minimum margins.
For commodity derivative contracts with trading beyond 5:00 PM, a 5:00 PM cut-off shall determine the minimum threshold of margins to be collected by members: the Risk Parameter File generated at that cut-off will be applied to clients' end-of-day portfolios to compute minimum margin, and end-of-day portfolios shall be valued for Extreme Loss Margin using the half-hour weighted average trade price at the cut-off. Contracts trading until 5:00 PM will have margin collection on an end-of-day basis; clearing corporation-member margin norms remain unchanged.

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