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Circulars
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Applicability of Explanation 2 to Section 132B of the I.T. Act, 1961- reg.
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Advance tax exclusion from seized-assets adjustment is prospective, so pre-amendment cases should not be appealed.
An amendment excluded advance tax from liabilities against which seized or requisitioned assets may be adjusted; courts have held that exclusion to be prospective, and the Department accepts that seized cash cannot be applied to advance tax for periods before the amendment, so appeals in pre-amendment cases should not be pursued and existing appeals withdrawn.
Settled View on section 2(22)(e) of the Income Tax Act. trade advances -reg.
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Trade advances not treated as deemed dividend where bona fide commercial transactions-department instructed to stop filing appeals.
Section 2(22)(e) treats certain payments by closely held companies as deemed dividends to the extent of accumulated profits. Judicial decisions have held that bona fide trade advances and commercial transactions-such as advances adjusted against job-work dues, advances for enabling contract performance, or security deposits in the ordinary course of business-do not constitute an "advance" under section 2(22)(e). Consequently, the tax department will cease filing appeals on this ground and may withdraw or not press existing appeals.
Implementation of Document and File Management System (DFMS) at New Custom House, Mangaluru - Reg.
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Document and File Management requirement: customs brokers must attach custom copy coupon and deliver dockets to docks at LEO.
Customs Brokers must attach the custom copy of the coupon to each Shipping Bill docket and, at the time of Let Export Order (LEO), hand the complete docket to officers of the Docks section for entry into the Document and File Management System. This modifies paragraph 4 of the earlier public notice; all other procedures in that notice remain unchanged.
Minutes of the 16th GST Council Meeting held on 11th June 2017
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GST Council raises composition threshold to Rs.75 lakh, approves targeted GST rate changes and notifications to operationalise GST rules.
The GST Council adopted corrections to earlier minutes, approved amended Accounts and Records Rules (including electronic access and limited logging), authorised bank-based authentication subject to IT Act conformity, raised the Composition Scheme threshold to Rs.75 lakh with a negative list for manufacturers, approved multiple item-specific GST rate adjustments (including insulin at a reduced rate, exemption for children's colouring books, bamboo furniture at a lower rate, and concessional treatment for certain job-work services), approved specified service exemptions where government bears full cost, maintained reverse charge for legal and sponsorship services while exempting individuals from registration, and directed staged notification of multiple CGST and IGST sections to operationalise the Rules and exempt fully reverse-charge suppliers from registration.
Migration to GST- Mandatory requirement of PAN for all including government departments for registrations
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Permanent Account Number requirement for GST migration: PAN mandatory for all registrants including government entities to obtain GSTIN.
Migration to the GST framework requires a Permanent Account Number issued under the Income Tax Act for eligibility to register; only PAN-based and PAN-validated Central Excise and Service Tax registrations can be migrated. Government departments, PSUs and local bodies lacking PAN-based CE/ST registrations must obtain PAN and convert their registrations to PAN-based status to receive a Provisional ID/GSTIN from the GST network.
Constitution of GST Facilitation Cell - regarding
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GST Facilitation Cell established to serve as first point of contact for GST-related issues under Foreign Trade Policy.
A GST Facilitation Cell is established in the Regional Office to serve as the first point of contact for addressing GST-related issues arising under the Foreign Trade Policy; the Cell's composition is specified with the Head of Office as Chairman, a Member Secretary, and an FTDO (IEC) as Member to receive and coordinate stakeholder queries and facilitate resolution during GST rollout.
Procedure of warehousing of goods imported at Air Cargo Complex for warehouses under CSI Airport, Mumbai
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Warehousing procedure: EDI Bills, bond and security requirements, one time lock movement, and Re Warehousing Certificate process enforced.
Revised warehousing procedure requires importers to file EDI Warehousing Bills of Entry, furnish triple duty bonds and applicable additional security, and obtain bond acceptance before computerized and hard copy endorsement permits movement to warehouses. Goods must be forwarded under a One Time Lock and verified on arrival by the warehouse Bond Officer who issues a Re Warehousing Certificate reporting discrepancies to Bond Superintendent. Periodic warehouse reports enable closure of registry and EDI warehousing Bills of Entry; consolidated ex bond EDI Bills of Entry are required for final bond cancellation, with DC/Bond Section monitoring bond entry, closure, and extensions.
Central Government amend the Newsprint Control Order, 2004
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Newsprint control amendment updates an indigenous manufacturer's registered name in the Schedule to reflect a new corporate name.
Amendment to the Newsprint Control Order, 2004 substitutes in the Schedule the name at serial number 46, replacing "M/s. V. G. Paper & Boards Limited" with "M/s. Venkatalakshmi Paper and Boards Private Limited," thereby updating the registered name of an indigenous newsprint manufacturer within the regulatory Schedule.
Constitution of GST Facilitation Cell - reg.
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GST Facilitation Cell established to address GST issues under the Foreign Trade Policy and serve as first point of contact.
Constitution of a GST Facilitation Cell in DGFT Headquarter and Regional Offices to act as the first point of contact for addressing GST-related issues under the Foreign Trade Policy; Headquarter Cell led by Addl. DGFT Nikunj Kumar Srivastava with Joint DGFT Rakesh Kumar and Dy. DGFT Kaushlendra Pratap Singh as members and contact details provided; Regional Authorities instructed to establish similar Cells for local stakeholder access.
Facility for online generation of rotation number by shipping lines/Agents
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Rotation Number Generation facility enables registered shipping lines to self-generate vessel rotation identifiers after secure OTP authentication.
An online ICEGATE facility allows registered shipping lines/agents with digital signatures to self-generate vessel Rotation Numbers by completing a web form supplying Customs Location Code, IMO Code, Voyage Number, Master's Name, Shipping Line and Agent Codes, Next Port of Call, and Expected Date of Arrival; the Rotation Number is produced upon submission and one-time password authentication. Users can monitor rotation status under secure login and a public inquiry option is provided for casual trade visitors; operational issues are to be reported to the Deputy Commissioner of Customs (EDI).
Responsibility of the “Port Terminal Operator” to ensure that once any container has entered the Parking Plaza within the prescribed time limit, the vessel is not missed, procedure;
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Port terminal operator responsibility: containers with pre gate approval must not be shut out; re export arranged without extra cost.
Port terminal operators must ensure containers that enter the Parking Plaza within prescribed timelines and receive pre gate approval in the Terminal Operating System are not shut out unless the trailer fails to enter the terminal within four hours of pre gate approval and all other formalities are not complied with. Exporters must plan to meet cut off times, and if a compliant consignment is shut out, terminal operators and shipping lines must arrange its export at the earliest opportunity without charging the exporter additional costs.
DTA clearance of goods procured by EOUs/EHTP/STP units from indigenous sources- charging of Duty
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DTA treatment of deemed-export goods: domestic supplies treated as imports and customs duty required on clearance.
Indigenous goods supplied to EOU/EPZ/SEZ/EHTP/STP units after availing deemed export benefits are to be treated as imported goods and subject to applicable customs duty (with depreciation on capital goods) on clearance to DTA or exit. Once customs duty is paid on such clearance, there is no requirement to refund deemed export benefits or to produce a Development Commissioner's certificate regarding refund or non availment. Alternatively, units may opt to clear on payment of excise duty only upon production of the DC certificate confirming refund or non availment.
Custody and monitoring of Bonds and Bank Guarantees
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Custody of bonds and bank guarantees reorganised: assessing groups process while BBG Cells safeguard originals and monitor compliance.
Exclusive BBG Cells will safekeep originals after Assessing Groups process and accept Bonds and Bank Guarantees; Assessing Groups retain duplicate copies, ensure monitoring and issue demand letters or reminders, and may enter bond/BG details and debits in ICES themselves or through BBG Cells; SVB bonds and guarantees are processed by the SVB Cell, and Assessing Groups must take over and monitor previously submitted bonds and guarantees from the centralized BBG Cell.
Updation of correct PAN number in IEC registration
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PAN-IEC linkage requirement: declare matching PAN in GSTIN to validate IEC for IGST credit and export refunds.
A matching PAN must be declared in GSTIN so GSTIN will validate IEC/PAN linkage; where PAN in GSTIN differs from PAN in IEC registration, exporters/importers must immediately amend the PAN in IEC records and may use the GSTN special drive provided for updating IEC in GSTIN.
Classification of eNodeB- reg.
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Classification of eNodeB as switching and routing apparatus confirms tariff treatment under communications equipment heading.
eNodeB combines BTS/NodeB radio transceiver functions with BSC/RNC control and switching intelligence, enabling distributed radio architectures. Applying GIR 1 and 6, it falls within machines for reception, conversion and transmission or regeneration of data, including switching and routing apparatus, and should be classified under the tariff description for such communications equipment; pending assessments may be finalised accordingly.
Submission of 'Negative Statement/certificate for export proceeds realized in respect of Shipping bills with LEO date prior to 01.04.2013
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Submission of Negative Statements for earlier shipping bills required; failure may prompt recovery action for drawback.
Submission of BRCs or Negative Statements for EDI shipping bills with LEO dates prior to 01.04.2013 is required in the prescribed six monthly format to the Nodal Officer so BRC/Negative Statement entries can be made in the EDI system. A published list of non compliant exporters must submit the documents by the stated deadline; failure to do so will lead to recovery action for drawback.
Issuance of Rupee denominated bonds overseas
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Masala bond issuance rules centralized with revised maturity, pricing ceiling, and investor eligibility for overseas rupee bonds.
Proposals for issuance of Rupee denominated bonds overseas will be examined at the Foreign Exchange Department, Central Office, Mumbai. Revised issuance parameters include differentiated minimum original maturity by issuance size, an all in cost ceiling set as a margin over the Government securities yield of corresponding maturity, and recognised investors limited to those permitted under the Master Direction who are not related parties within the meaning of Ind AS 24.
Change of year mentioned in Circular no. 1 of 2017-18
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Correction of fiscal year reference: Circular No.1's year amended to the correct fiscal cycle for administrative clarity.
A departmental corrigendum amends the fiscal-year designation in an earlier circular, directing that the circular issued on 03.04.2017 be read as Circular No. 1 of 2017-18 instead of the previously cited prior year, to correct the record and ensure accurate application of the instruction.
Classification of Dioctyl Orthophthalate (DEPH)- Reg.
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Tariff classification clarified: dioctyl orthophthalate (ortho isomer) belongs to the specific ortho tariff heading, not the residual heading.
DEPH, the ortho isomer of dioctyl phthalate, is classifiable under tariff item 2917 32 00; Chapter Note 3 does not govern competing sub headings because sub heading Note 2 excludes it, and the specific HSN entry for the ortho variety takes precedence over the residual 2917.39 sub heading, which instead covers the meta and para isomers.
Guidelines relating to downloading of Statutory Forms-Modification thereof
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Blocking of auto-downloaded statutory forms triggers TIN suspension and document production procedures for suspicious dealer activity.
Controls on auto-downloading of statutory forms apply to dealers meeting risk indicators: High GTO with Nil/Negligible tax, missing dealer credentials, or non-filing of DP-I. For suspicious downloads, the procedure requires immediate blocking of the dealer's TIN, physical inspection, issuance of a notice to produce documents to substantiate transactions, and, if non-compliance persists, declaring the forms obsolete, serving a show-cause notice and cancelling registration with recovery actions for tax, interest, penalty and other amounts.

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