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Circulars
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Delegation of Revisional Powers under Section 108 of the Uttar Pradesh Goods and Services Tax Act, 2017
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Revisional powers under the Uttar Pradesh GST law allow delegation, hearing, and correction of erroneous subordinate orders.
Revisional powers under section 108 of the Uttar Pradesh Goods and Services Tax Act, 2017 apply to erroneous subordinate orders prejudicial to revenue, including orders that are illegal, improper, or lacking material facts. The revisional authority may stay such order, afford an opportunity of hearing, and then enhance, modify, or annul the decision, subject to statutory conditions and limitations. The Commissioner, Commercial Tax, Uttar Pradesh was appointed as the revisional authority and was authorised to delegate revisional jurisdiction to subordinate officers over specified classes of orders.
Regarding the procedure for referring TRAN-1/TRAN-2 related cases to GSTN in compliance with the judgments passed by the Hon’ble High Court/Hon’ble Supreme Court.
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TRAN-1 and TRAN-2 referral procedure governs appeal decisions, acceptance of court orders, and GSTN forwarding requirements.
Procedure for referring TRAN-1/TRAN-2 related cases to GSTN in compliance with judgments of the Hon'ble High Court or Hon'ble Supreme Court. Cases are examined by the concerned officers, routed through the Joint Commissioner and Zonal Additional Commissioner, and then either taken forward for appeal through the prescribed departmental procedure or accepted and forwarded in the prescribed format to the IT Section, Headquarters, for transmission to GSTN. Technical glitch cases received up to 31 March 2020 are to be forwarded to GSTN for ITGRC consideration under the GSTN SOP dated 12.04.2018.
Policy and Guidelines for setting up of Inland Container Depots (ICDs), Container Freight Stations (CFSs) and Air Freight Stations (AFSs)
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Inland Container Depot approval policy updated: new geographic, distance, volume and compliance rules govern establishment and operation.
The circular prescribes a comprehensive approval and regulatory framework for ICDs/CFSs/AFSs: classification of facilities, a three-zone siting regime with distance and clustering limits, minimum throughput and land requirements, entity and experience criteria, and special dispensations for freight corridors and waterways. It mandates submission of a Detailed Project Report, jurisdictional Commissioner review, IMC consideration, issuance of a time-bound Letter of Intent, statutory notifications under customs law, and extensive post-approval compliance obligations including bonds, infrastructure standards under HCCAR 2009, IT, safety, reporting, audits and grounds for suspension or de-notification.
Exim Bank's Government of India supported Line of Credit (LoC) of USD 20.10 million to the Government of the Republic of Nicaragua
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Line of Credit for reconstruction requires majority India sourced exports with EDF reporting and limited commission payment.
Exim Bank's Government of India supported Line of Credit for reconstruction finances exports of eligible goods and services from India, requiring at least 75 per cent of contract value be supplied from India and allowing up to 25 per cent procurement from outside. The LoC is effective from September 15, 2020 with a terminal utilization period of sixty months after scheduled completion. Shipments must be declared in the Export Declaration Form. No agency commission is payable under the LoC, though exporters may pay from own resources or EEFC balances after realization and subject to extant instructions; AD Category I banks must notify exporters and facilitate compliant remittances.
Guidelines for rights issue of units by an unlisted Infrastructure Investment Trust (InvIT)
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Rights issue by unlisted InvITs: framework for offering units to existing unitholders with prescribed approvals, disclosures and allotment rules.
Rights issue by unlisted InvITs permits offering units to existing unitholders only after investment manager board approval, issuance of the same class of units, and absence of disqualifying sponsor/trustee/manager conditions. The investment manager must determine and disclose the issue price before the record date, file and distribute a letter of offer with specified Schedule III disclosures, credit rights entitlements in demat accounts with renunciation rights, allot units in dematerialized form under prescribed priority and minimum allotment rules, and file an allotment report with the Board post-issue.
Scheme for Rebate of State Levies(RosL)
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Rebate of State Levies converted to transferable electronic duty credit scrips usable for customs and central excise duty payment.
Pending claims under the Rebate of State Levies scheme will be settled by issuance of electronic duty credit scrips that are freely transferable and usable for payment of specified Customs and Central Excise duties; recoveries of any excess payments will be effected by the regional authority of the issuing agency and instances of misuse must be reported to the nominated nodal official as per the prescribed procedure.
Manufacturing and other operations undertaken in bonded warehouses under Section 65 of the Customs Act, 1962
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Job work under Section 65: inputs may be sent out for processing with strict accounting, identity preservation and customs compliance.
Only inputs may be sent out from a Section 65 unit for job work; capital goods may be sent out only for repair with bond officer permission. Job work requires prior deposit and accounting of imported goods in the Section 65 premises, preservation of identity during processing, return or export/clearance in line with MOOWR procedures and GST timelines, and maintenance of prescribed records. The bond remains in force; violations will be deemed home consumption with duties, interest and penalties. Section 65 units may perform job work for others and may source goods from FTWZ/SEZ following applicable procedures.
Procedure for replying to query or for submitting addition documents for a Bill of Entry
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Supporting document addition: upload to eSanchit, generate IRN and file ICEGATE amendment so officer can view.
To add supporting documents to a Bill of Entry, upload the documents to eSanchit and generate IRN(s), then file an amendment to the Bill of Entry (online via ICEGATE or through the Service Centre) to tag those documents; additions are auto-approved while deletions require officer approval, and query replies should be sent only after completing the upload-and-amendment steps so officers can view the documents.
Circular for Advisory for Financial Sector Organizations regarding Software as a Service (SaaS) based solutions
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SaaS-based GRC solutions risk cross-border exposure; keep critical financial data within India and report compliance accordingly.
Advisory warns that SaaS use for GRC can move critical risk and compliance data beyond India's jurisdictions and advises keeping such data within India, using layered defence and continuous monitoring under direct control and supervision, and reporting compliance via half-yearly filings to exchanges/depositories and direct undertakings to the regulator; the advisory is effective immediately.
Creation of Security in issuance of listed debt securities and ‘due diligence’ by debenture trustee(s)
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Creation of Security: trustees must verify and certify security creation and due diligence before listing of debt securities.
Issuers must provide detailed documents and consents at the time of entering into the debenture trustee agreement, including title deeds, registration evidence, consents/NOCs from existing charge holders, guarantee documentation and depository pledging undertakings. Debenture trustees shall independently perform due diligence-verifying registrations, conditional consents, guarantor financials, and commissioning valuation, title and ROC searches-and issue prescribed due diligence certificates at draft filing and prior to listing. Charges must be created, debenture trust deeds executed, and charges registered with relevant registries within the stipulated period; listing is conditional on receipt of the trustee's listing-stage due diligence certificate.
Schemes of Arrangement by Listed Entities and (ii) Relaxation under Sub-rule (7) of Rule 19 of the Securities Contracts (Regulation) Rules, 1957
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Schemes of Arrangement compliance: stock exchanges must verify filings and issue no-objection before SEBI referral and listing.
Stock exchanges must verify compliance with securities laws before referring draft schemes to the Board. Listed entities must furnish an Audit Committee report addressing rationale, need, synergies, shareholder impact and cost-benefit analysis; a Committee of Independent Directors' report confirming no detriment to shareholders; and a valuation by a Registered Valuer. Exchanges must issue a consolidated No-Objection letter before the Board provides comments, and transferee entities must complete simultaneous listing and prescribed disclosures, including restated audited financials, shareholding patterns, risk factors and litigations, prior to commencement of trading.
Manufacturing and other operations undertaken in bonded warehouses under Section 65 of the Customs Act, 1962- certain clarifications
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Job work in bonded warehouses clarifies allowable removals, procedures and duty treatment for inputs and capital goods.
Only inputs may be sent from a Section 65 unit for job work; capital goods may be sent out only for repair with bond officer permission. Job work requires initial deposit and accounting in the Section 65 premises, maintainable identity of goods, and on completion goods may return to the unit or be exported/cleared from the job worker's premises with removal date deemed as warehouse removal; scrap must be returned or cleared on duty payment. Moulds, tools and similar items may be sent for exclusive use by the job worker, with GST-aligned timelines and continued bond obligations; violations trigger duty, interest and penalties.
Scheme for Rebate of State Levies (RoSL)
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Rebate of State Levies converted into electronic duty credit scrips by DGFT usable for payment of customs and central excise duties.
Pending Rebate of State Levies (RoSL) claims that could not be paid due to budget limitations will be granted by DGFT as electronic duty credit scrips on the lines of RoSCTL. These scrips will be freely transferable and may be utilised for payment of specified Customs and Central Excise duties as notified. DGFT regional authorities are responsible for recovery of any excess benefits and a DGFT nodal officer has been designated to receive reports of misuse; public notices and standing orders should be issued for guidance.
Condonation of delay under section 119(2)(b) of the Income-tax Act, 1961 in filing of Form No. 10BB for Assessment Year 2016-17 and subsequent years
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Condonation of delay in filing audit report for exemption claims: commissioners may admit belated applications subject to reasonable cause.
Commissioners of Income-tax are authorized to admit belated applications for condonation of delay in filing Form No. 10BB where the applicant establishes they were prevented by reasonable cause. Failure to furnish Form No. 10BB electronically with the return disentitles the entity from claiming exemption. Commissioners must dispose of earlier-year applications by the stated administrative deadline, and may admit applications for later years where delay is within the prescribed one year period and decide on merits.
Opening of Current Accounts by Banks - Need for Discipline
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Current account discipline deadline extended pending operational FAQs; banks must comply with applicable instructions as clarified.
The Reserve Bank extended the deadline for banks to comply with the Para 4 operational requirements on maintenance of current and CC/OD accounts, pending issuance of a clarifying FAQ addressing banks' operational queries. Banks must meet the applicable instructions by the extended compliance date, and all other directions of the August 6, 2020 circular remain unchanged.
Consolidated list of default authorized operations which can be undertaken by the developer/approved co-developer by default from the date of notification
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Authorized SEZ developer operations: office space provision for regulatory and security authorities permitted by default.
The Instruction replaces entry 10 of the Annexure to prior guidance, authorising developers and approved co-developers by default to provide office space for the Development Commissioner, Customs, IFSC Authority, security personnel and State Government staff within Special Economic Zones, thereby treating such accommodation as a routine developer-authorised operation.
Clarification relating to application of sub-rule (4) of rule 36 of the APGST Rules, 2017 for the months of February, 2020 to August, 2020
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Cumulative application of rule 36(4) limits input tax credit claims; excess credit must be reversed in the September return.
Clarification directs taxpayers to cumulatively reconcile ITC claimed in FORM GSTR 3B for February-August 2020 with supplier uploaded invoice details available up to the due date of FORM GSTR 1 for September 2020, ensuring cumulative ITC availed does not exceed 110% of cumulative eligible credit reflected in supplier uploads; any excess must be reversed in Table 4(B)(2) of FORM GSTR 3B for September 2020, subject to the overall credit limits under section 16 of the APGST Act.
Clarification in respect of various measures announced by the Government for providing relief to the taxpayers in view of spread of Novel Corona Virus (COVID- 19)
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Reduced GST interest rates provide staged relief and conditional late-fee waivers for specified tax periods under revised notifications.
Notifications amend earlier reliefs by prescribing staged interest relief for specified GST tax periods: for taxpayers above Five Crore aggregate turnover an initial zero-interest window followed by a reduced interest rate until the notified cut-off after which normal interest applies; for taxpayers below Five Crore a longer zero-interest window followed by reduced interest until the end of the relief period and normal interest thereafter. The notifications also conditionally waive late fee where returns are filed by prescribed dates, with late fee otherwise payable from the original due date until filing.
Clarification in respect of levy of GST on Director’s remuneration
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GST on director remuneration: non-employee directors' fees attract reverse charge; salary components remain exempt under Schedule III.
For directors who are not employees, remuneration is taxable and the company must discharge GST under reverse charge. For directors who are employees, amounts treated as salaries and subjected to salary TDS are not taxable under Schedule III, while components separately treated and subjected to TDS as professional or technical fees are taxable and subject to reverse charge by the company.
Clarification on refund related issues
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Refund of accumulated input tax credit restricted to supplier uploaded invoices; imports, ISD and reverse charge credits remain admissible.
Refund of accumulated Input Tax Credit (ITC) is restricted to ITC supported by invoices uploaded by the supplier in FORM GSTR-1 and reflected in the applicant's FORM GSTR-2A; refunds based on invoices not so reflected are not admissible. This restriction does not alter the refund treatment for ITC on imports, ISD credits, or inward supplies subject to reverse charge, which continue under the prior practice.

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