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Circulars
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ICES Advisory 008/2017 (GST)- Alignment of State Codes of ICES with GSTN- Implementation of changes in ICES
Show AI Summary
State code alignment with GST requires ICES users to adopt census state codes to prevent declaration rejections.
ICES state codes will be aligned with Census state codes used for GSTN; the NIC RES package has been updated and stakeholders must declare the new census-based state codes in Bills of Entry and Shipping Bills in ICES/ICEGATE to avoid rejection, with operational difficulties to be reported to the customs office.
Appointment of M/s Chettinad International Bulk Terminal Private Limited (CIBTPL) as "CUSTODIAN" of Multi Cargo Terminal at Kamarajar Port under section 45(1) of customs Act 1962 Declaration of Operational area
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Custodian appointment under Customs Act designates operator to manage Multi Cargo Terminal subject to customs regulations and compliance.
Appointment of M/s Chettinad International Bulk Terminal Private Limited as custodian of the Multi Cargo Terminal at Kamarajar Port under section 45(1) of the Customs Act, 1962 declares a defined operational area for receipt, storage, delivery, dispatch and handling of import and export goods, specifies the terminal's physical description and boundaries, and requires compliance with the Customs Act, 1962 and the Handling of Cargo in Customs Area Regulations, 2009, subject to time limited custodianship and conditions set in the notice.
ICES Advisory 008/2017 (GST) - Alignment of State Codes of ICES with GSTN-Implementation of changes in ICES
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ICES state code alignment with GSTN: new Census-based state codes effective 14.06.2017; declare updated codes at ICEGATE.
State codes in ICES are replaced with Census/GSTN-aligned codes for use in Bills of Entry and Shipping Bills; the NIC RES package has been updated and the change is implemented from 14.06.2017. Trade must declare the new codes at ICEGATE to avoid incorrect reporting, and operational difficulties should be reported to the System Manager or the provided email.
Alignment of State Codes of ICES with GSTN - Implementation of changes in ICES
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State code alignment with GSTN requires importers and brokers to use Census state codes to prevent ICEGATE mis-declarations.
ICES state codes are being changed from the RBI list to Census State Codes used by GSTN; NIC RES has been modified accordingly. Trade must declare the new Census state codes in Bills of Entry and Shipping Bills to ensure correct State of Origin and VAT/GST registration reporting and to avoid mis-declarations at ICEGATE. Difficulties may be reported to the Commissionerate.
Recording of Non Disposal Undertaking (NDU) in the Depository System
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Non-disposal undertakings must be recorded in the depository system, creating a freeze that prevents dealings until joint cancellation.
Depositories must provide a dedicated module to record Non Disposal Undertakings (NDUs), requiring both parties to be demat account holders and KYC compliant; participants will apply to record NDUs with BO ID, PAN, signatures, counterparty details and quantity. The participant verifies securities availability, creates a freeze for debit of specified securities, and the depository captures authorized signatory details and notifies both parties. No transfer, pledge, lending, rematerialisation or dealing is permitted while the freeze exists; cancellation requires joint instructions and unfreeze after the prescribed cooling period. Freeze/unfreeze actions are subject to concurrent audit and NDUs outside the depository are prohibited.
Centralised processing of Container Movement Facilitation Cell (CMFC)-merger Of CMFC Kamarajar Port (M/s. Adani Ennore Container Terminal Private Limited) with CMFC Chennai Port —regarding.
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Centralised Container Movement Facilitation processes Kamarajar port movements via Chennai Port; agents must use CMFC and EDI procedures.
Centralised processing and merger of the CMFC at Kamarajar Port into the CMFC at Chennai Port is effective immediately, with operations at Dr. Ambedkar Building, Chennai Port. All container movement requests from Kamarajar Port to CFSs will be processed at CMFC Chennai. Steamer agents and CFS operators must approach the Superintendent CMFC at Chennai Port for CNIFC work related to Kamarajar Port, while CF operators, customs brokers and consol agents must obtain job numbers and amendments via the EDI Service Centre at Custom House, Chennai.
Procedure in respect of discharge and clearance of Liquid Cargo in Bulk for Warehousing in bonded warehouse — reg.
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Shore tank receipt governs customs duty basis for liquid bulk imports; mandatory outturn reporting, bonding and bond-module compliance required.
Shore tank receipt, ascertained by dip measurement in shore tanks receiving pumped liquid from the tanker, shall be the basis for levy of Customs duty on imported liquid bulk cargo for warehousing. Bill of Lading quantities may be accepted for direct port delivery, but warehousing into Customs bonded tanks requires warehousing permission, bonding formalities, prescribed examination and preparation of signed outturn reports. Differences between manifested and shore outturn quantities are treated as short-landed with prescribed responsibilities; excess receipt requires filing a Bill of Entry for the excess and shortages above a one percent threshold prompt departmental investigation. Licensees must update the Bond Module daily.
Options on Commodity Futures- Product Design and Risk Management Framework
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Options on commodity futures: permitted with eligibility, SEBI approval, devolvement settlement and CPMI IOSCO aligned risk controls.
Permitted introduction of options on commodity futures is subject to eligibility of the underlying futures, SEBI approval, and specified product and risk frameworks: options shall devolve into futures at the strike on exercise, use European style initially, include minimum strike series, follow defined exercise and assignment rules, maintain separate and higher position limits for options with temporary post expiry adjustment, and adopt CPMI IOSCO compliant risk management including portfolio level margins, 99% VaR coverage, two day MPOR, real time margining, and prudential margin add ons for options.
ICES- Declaration of State Code in Bills of Entry and Shipping Bill
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State code alignment to census codes required for GST rollout; declare new codes in Bills of Entry and Shipping Bills.
ICES state codes are being realigned from the RBI list to the Census Codes used for GST; the NIC RES package has been updated and the change is to be implemented from 14.06.2017. Trade participants must declare the new state codes in Bills of Entry and Shipping Bills (for State of Origin and VAT/GST registration) to avoid declaration issues at ICEGATE. An annexure lists the mapping of old to new state codes and the trade is invited to report any difficulties to the Commissioner of Customs.
Implementation of Documents Management System at Air Cargo Complex, Mumbai
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Documents management system escalation: coupon price increased under contractual annual escalation clause to factor in inflation.
The Documents Management System at Air Cargo Complex, Mumbai operates under a contract between the Commissioner of Customs (Gen) and M/S Newgen Software Technology Limited, following trade consultation. The contract contains a Provision for Cost Escalation requiring annual rate increases to factor inflation, and the coupon price for DMS access is raised to Rs. 18 per docket effective 22.06.2017; all other prior conditions remain unchanged.
Facility for online generation of Rotation Number by Shipping Lines/Agents
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Rotation Number Generation enables online self-generation by registered shipping lines and agents via secure ICEGATE authentication.
An online ICEGATE facility allows registered Shipping Lines and Agents, authenticated by digital signature and one-time password, to self-generate the Rotation Number by submitting specified vessel particulars (customs location code, IMO, voyage number, master's name, shipping line and agent codes, next port of call, expected arrival). The system issues the Rotation Number on submission and supports secure status checks by users and a public 'Rotation Number Inquiry' for casual visitors.
Change of State Codes in ICES in alignment with Goods and Services Tax
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State code alignment for GST implementation requires import/export declarations to use new census-based state codes to avoid ICES complications.
State identifiers in ICES previously drawn from the RBI list are being replaced with Census-based state codes to align import/export declarations (including State of Origin in Shipping Bills and state code for VAT/GST registration) with GST requirements; NIC RES has been updated and traders must use the revised codes from the implementation date to avoid ICEGATE processing complications, with operational issues reportable to the System Manager email provided.
Notification of new/additional area of Inland Container Depot (ICD) of M/S. Container Corporation of India Ltd. as Customs area
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Customs area designation for Inland Container Depot at Ankleshwar; operations commence at the newly notified location.
Designation of an additional area of the Inland Container Depot (ICD) of M/s. Container Corporation of India Ltd. at Ankleshwar as a Customs area, located Near Railway Station, Old National Highway No.8, Ankleshwar, Bharuch, Gujarat, supplementing Notification No.07/2017-Customs; the ICD's operations at the newly notified location commence with effect from 15/06/2017.
Implementation of Notification No .07/2017 -Customs dated 24/5/2017 issued under Section 8 of the Customs Act, 1962
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Customs area relocation shifts all fresh import and export processing to the new ICD site while enabling a limited transitional clearance window.
A notification under Section 8 designates a new Customs notified area for ICD Ankleshwar; fresh imports and new export filings and carting are to be processed at the new area from the effective date, with limited exceptions allowing completion of processes initiated at the old area within specified cut off windows. The operator will shift pending, seized and bonded containers to the new site at its own cost, Customs will operate both sites temporarily, EDI will be shut down to enable the shift, and the old area will be de notified after the transition period.
Comprehensive Review of Margin Trading Facility
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Margin trading regulation: revised eligibility, margin methodology and disclosure rules tighten broker prudential and reporting obligations.
SEBI's revised framework permits Margin Trading Facility only in Group I equities, prescribes initial margins as VaR plus specified multiples of applicable ELM with permitted forms of margin and haircuts, and requires separate identification and daily mark-to-market of collateral and funded stocks; brokers must maintain continuous margins, make margin calls, and may liquidate only under conditions set out in a mandatory Rights and Obligations document. Brokers offering the facility must meet a minimum net worth, may borrow only from scheduled commercial banks or regulated NBFCs, observe leverage and per-client exposure caps, maintain detailed records and auditor certifications, and comply with daily disclosure requirements to exchanges which will publish scrip-wise gross outstanding exposures.
Comprehensive guidelines for Investor Protection Fund, Investor Service Fund and its related matters at National Commodity Derivatives Exchanges
Show AI Summary
Investor Protection Fund rules updated - revised trusteeship, funding sources and claim eligibility for commodity exchange investors.
The circular prescribes IPF Trust composition, funding from designated penalties and turnover fee contributions, claim eligibility and prioritisation where defaulter member assets are inadequate, and procedures where the defaulters' committee assesses legitimate claims and advises the IPF Trust which may disburse upon claim crystallization without awaiting asset realizations. It also mandates establishment and funding of ISF for investor service centers, supervised use of IPF income for investor education, separate bank accounts for IPF and ISF, and requires exchanges to amend bye laws and report implementation.
Alignment of State Codes of ICES with GSTN-Implementation of changes in ICES-Reg.
Show AI Summary
State code alignment with GSTN requires importers to use revised Census-based codes in ICES declarations.
Alignment of State Codes in ICES with Census-based GSTN codes requires importers and brokers to use revised state codes in Bills of Entry and Shipping Bills; the NIC RES package has been updated and the revised codes are listed in Annexure I. Traders must adopt the new codes for correct capture of State of Origin and State Code for VAT/GST registration, and report implementation difficulties to the System Manager/ADC (EDI) JNCH or the supplied electronic contact.
Changes in IEC with the introduction of GST-regd.
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Use of PAN as IEC simplifies importer exporter identification and requires PAN quoting in trade documents after GST implementation.
PAN will be used as the entity's IEC after GST implementation; GSTIN remains the transaction level identifier where registered. New IEC applicants will have PAN authorized as IEC, residuary categories will use DGFT authorized identifiers, and DGFT will migrate existing IEC records to PAN without action by current IEC holders. Importers and exporters must quote PAN in future trade documentation from the notified date.
Exemption from drawal of samples for the purpose of grant of drawback to the AEO certificate holders
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Authorized Economic Operator exemption from sample drawal extended to lower-tier holders for drawback, subject to intelligence-based exceptions.
Exemption is granted from the requirement to draw samples for grant of drawback to exporters holding Authorized Economic Operator (AEO) certification, extended to holders of the lower certification tier. The exemption is subject to exception where specific information or intelligence warrants drawal of samples, and stakeholders are invited to report difficulties to the issuing office.
Non-Applicability of the provisions of section 194-I of the I. T. Act, 1961 on remittance of Passenger Service Fees (PSF) by an Airline to an Airport Operator.
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Non applicability of rent withholding on passenger service fees affirmed; tax department to stop pursuing appeals.
Payments characterized as Passenger Service Fee remitted by airlines to airport operators do not constitute "rent" for tax deduction at source purposes because incidental or ancillary use of land or buildings while providing services does not satisfy the primary requirement of payment for use of land or building; the revenue board has accepted this view and directed cessation or withdrawal of appeals on the issue.

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