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Clearance of import of metal scrap-Procedure
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Clearance of metal scrap now separates shredded free movement from risk-based checks and mandatory scanning for un shredded consignments.
Imports of metal scrap in shredded form are permitted through all ports without pre-shipment certificates under existing practice. Un-shredded, compressed or loose scrap must be cleared only at EDI ports with operational Risk Management Modules and is subject to documentary or physical checks based on risk selection; designated ports are to install radiation portal monitors and container scanners, and, pending installation, scanning will occur where facilities exist. Authorities may allow removal of sealed containers to importer premises under re-warehousing at the importer's risk and cost, subject to scanning and risk-assessment conditions.
Minutes of the 4th GST Council Meeting held on 3-4 November 2016
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GST Council sets multi band tax structure, five year compensation funded by a sunset cess and mandates fitment and system readiness work.
The Council adopted a multi band GST rate structure (exempt, 5%, 12%, 18%, 28%; services generally 18%), authorised a five year compensation mechanism funded by a cess on specified items above 28% credited to a public Compensation Fund with a five year sunset and equal residual sharing between Centre and States, instructed an officers' Committee to carry out fitment of goods and to report back, received GSTN implementation and migration updates for phased portal rollout and deferred final decision on cross empowerment for single interface administration pending further political consultations.
Procedure for clearance of Unaccompanied Baggage in the Indian Customs. EDI System (ICES 1.5 System) at the Unaccompanied Baggage Centre (Speedy CFS), JNCH
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Unaccompanied baggage clearance now processed via EDI with BDF submission, assessment, and gate-pass procedure ensuring documentation verification
Procedures require passengers or authorised CHAs to submit a duly completed Baggage Declaration Form with supporting documents to the Superintendent of Customs for scrutiny and signature, then present the BDF to the designated EDI service centre for submission into ICES 1.5. A Preventive Officer examines goods and uploads an Examination Report; the Superintendent verifies assessment and either assesses the BDF or forwards it to AC/DC UB Centre where Transfer of Residence is claimed, baggage value exceeds the threshold, or imports appear prohibited. After assessment, payment of duties/fines is made and Out of Charge is endorsed; CFS gate pass and demurrage/handling payments complete delivery.
Implementation of Rebate of State Levies (ROSL) Scheme
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Rebate of State Levies opt-in via shipping bill scheme code enables FOB-based rebate credited to exporter account.
The ROSL scheme provides a voluntary rebate of specified State levies on textile garments; exporters must opt in by selecting prescribed scheme codes in the EDI Shipping Bill, which is the sole method of claim. Rebates are calculated on FOB value using notified rates and caps, credited to the exporter's drawback AIC, and displayed at item and shipping-bill levels on ICEGATE. Shipping Bills with LEO on or after 20-09-2016 are eligible if amended to include the scheme code before LEO.
Issue of Rupee Denominated Bonds overseas
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Rupee denominated bonds overseas permitted for bank capital instruments and infrastructure and affordable housing financing.
Banks may issue rupee denominated bonds overseas to raise funds through perpetual debt instruments qualifying as Additional Tier 1 capital, debt instruments qualifying as Tier 2 capital, and to finance infrastructure and affordable housing, subject to applicable prudential norms and FEMA guidelines and relevant existing instructions.
Implementation of Document Management System (DMS) at Nhava-Sheva-(I,II,III,IV& V) Commissionerate, Mumbai Customs Zone-II-Start of Centre at Punjab Conware CFS- regarding.
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Document Management System expansion to an additional CFS; existing procedures remain in force and stakeholders urged to cooperate.
Implementation of a Document Management System (DMS) centre at the specified CFS is placed into immediate operation to extend existing electronic document-handling facilities; current operational processes and measures will remain unchanged and continue to follow procedures set out in the earlier facility notice. Stakeholders are requested to cooperate and report any difficulties or suggestions for improvement to the issuing office.
Issuance of Rupee denominated bonds overseas by Indian banks
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Rupee denominated bonds overseas now permitted for Indian banks as issuers for capital and long term infrastructure funding.
Indian banks may issue Rupee denominated bonds overseas within the foreign investment limit for corporate bonds, including Perpetual Debt Instruments qualifying as Additional Tier 1 capital, Tier 2 debt instruments, and long term rupee bonds for infrastructure and affordable housing. Such issuances must comply with Basel III capital regulations and the Reserve Bank's guidelines on long term bonds for infrastructure and affordable housing. Underwriting by overseas branches or subsidiaries of Indian banks is not permitted. The change treats Indian banks as eligible borrowers while other provisions remain unchanged.
Amendments in Standard Input Output Norms (SION) of Product group: Food products
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Standard Input Output Norms changes restrict Advance Authorization use and impose CIF caps and actual user conditions on food SIONs.
The Directorate General of Foreign Trade has issued immediate amendments to Food product SIONs: specified SIONs are deleted or suspended with no Advance Authorization under the Advance Authorization route to be issued and applicants directed to apply under the alternate Handbook of Procedures route; individual SIONs are revised by deleting input items, adding or renumbering notes, imposing CIF value caps on specified inputs, applying actual user conditions, replacing DFRC with DFIA in notes, and adjusting input quantity rules for certain products.
Chapter VI-A deduction on enhanced profits
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Chapter VI-A deduction on enhanced profits permitted where business-related disallowances increase taxable profits, deduction admissible accordingly.
Chapter VI-A deductions are to be allowed on profits increased by business-related disallowances; disallowances arising from TDS non-compliance, payment-related or other specific disallowances that pertain to the eligible business increase taxable profits, and deduction under Chapter VI-A is admissible on those enhanced profits. The Board directs that appeals opposing this position should not be filed and existing appeals on this ground may be withdrawn or not pressed.
Enhanced Standards for Credit Rating Agencies (CRAs)
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Enhanced Standards for Credit Rating Agencies: mandating disclosure, governance, standardized press releases and strengthened internal audit processes.
SEBI prescribes enhanced standards for Credit Rating Agencies requiring an Operations Manual with detailed rating criteria and processes, mandatory public disclosure and website publication of criteria and policy changes with hyperlinks to prior versions, standardized press releases and rating histories, rules for analyst accountability, defined rating committee governance and minutes, policies for issuer non-cooperation with specified press release content and labelling, and strengthened internal audit eligibility, rotation, scope and reporting with prescribed corrective-action reporting to SEBI.
Need for passing of quality orders by Commissioners (Appeals) - Regarding
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Quality administrative orders: Commissioners (Appeals) must issue judicious, legally defensible orders to reduce unnecessary appeals.
Commissioners (Appeals) exercising quasi judicial functions must prioritise legally sound, judicious orders over routine volume based disposal; avoiding frivolous or pro revenue findings where legal points are settled will reduce reversals on appeal and support the National Litigation Policy objective of curbing unnecessary litigation.
Issuance of Manual Cheque for Drawback in case Amount Not Deposited in Exporter's Account due to errors- reg.
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Drawback manual cheque issuance requires banker-attested exporter request and bank confirmation before combined cheque disbursement.
When SBI returns drawback amounts due to exporter account discrepancies, exporters must submit a banker-attested request or authority letter (original retained) stating the exact reason and a banker's confirmation of non-acceptance; reasons and corrections will be endorsed on the exporter's copy. The Assistant/Deputy Commissioner (Drawback) will bundle authenticated cases and issue a combined manual cheque to the bank for disbursement.
Procedure for transhipment of imported goods to SEZ Units -Reg.
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Transhipment procedure for SEZ consignments shifts to electronic EDI integration, eliminating manual endorsements and transhipment bonds.
Integration of SEZ Online with Customs EDI mandates automatic IGM data transfer to Bills of Entry; ICES will generate a Transhipment Permit with a TP number on approval, endorse container particulars, and require an Equipment Interchange Receipt and inspector verification of seal and container numbers before release. Manual quintuplicate endorsements and Transhipment Bonds are dispensed with. Release and warehousing events are communicated electronically between ICES and SEZ Online, and on receipt of Goods Receipt messages ICES will close IGM lines for SEZ cargo.
Duty Drawback – revised procedure for drawal of samples for the purpose of grant of drawback
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Duty drawback sampling procedures updated; factory-stuffed samples required above monetary threshold, submitted with export documents.
Central Excise Authorities must draw samples at factory stuffing for shipments where admissibility of drawback cannot be visually decided and the drawback exceeds the prescribed monetary threshold; samples are to be submitted to Customs with export documents, recorded by the registering officer in the system and forwarded to the laboratory. For 100% cotton knitwear, routine per-consignment sampling is unnecessary if visual inspection suffices; sampling may occur at random intervals or when doubt or specific information exists.
Launch of Income Tax Business Application (ITBA) - Investigation Module Phase 2
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Investigation Module registration enables electronic allocation, reporting and assessment-unit referral, streamlining investigation oversight.
Phase 2 of the ITBA Investigation Module adds electronic recording and upload of offline Excel utilities for pending TEPs, STRs and other investigations, role-based registration and hierarchical allocation of cases from DGIT/PDIT to Investigating Officers, and structured report submissions (Preliminary, Interim, Part Final and Final). Part Final and Final Reports create pendency for Assessing Officers for action under section 148 or section 143(2). The release also enables multiple strong room management including deemed seizure recording under the second proviso to section 132(1), and requires name based departmental email IDs and RSA tokens for access.
Amendment to Instruction No. 9 regarding Procedure for Reimbursement of Duty (ROD) in lieu of drawback for supply of goods to SEZ Developers against Indian Rupees
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Drawback disclaimer requirement clarified: certificate required when CENVAT not availed; not required when CENVAT availed.
The amendment substitutes paragraph 2(iii)(e) of Instruction No. 9 to require a disclaimer certificate when a developer claims drawback under Column A All Industry Rate because CENVAT facility has not been availed, and to state that no disclaimer certificate is required when a developer claims under Column B All Industry Rate because CENVAT facility has been availed.
All Industry Rates of Drawback and other Drawback related changes -reg.
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All Industry Rates of drawback revised, altering tariff coverage and provisional claim procedures for export incentive eligibility.
Revision of All Industry Rates (AIRs) of Drawback effective 15 November 2016 revises tariff coverage, creates separate tariff lines for better product differentiation, converts certain items to composite rates, and reduces residuary customs rates. It prescribes alternative AIR suffixes for garment exports under Special Advance Authorization, aligns provisional drawback payments with the customs component of AIR subject to existing claim conditions, and deletes the sub rule that imposed a minimum monetary threshold for AIR or Brand Rate drawback. Administrative safeguards and trade facilitation measures are directed to prevent misuse and invite submissions for review of residuary rates.
Interest on delayed refunds of deposits– reg.
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Interest on delayed refunds not payable on customs security or project import deposits; applies to duty and drawback refunds.
Clarifies that interest for delayed refunds under the Customs framework applies to duty and drawback refunds but is not payable on refunds of deposits such as security deposits or project import deposits; reiterates that refund claims must be finalised promptly, normally settled at the Assistant Commissioner level, with speedy pre audit and cheque issuance.
Minutes of Public Grievance Committee(PGC) Meeting held on 14th Oct. 2016 at 11 :30 hrs at Kendriya Utpad Shulk Bhawan. 36-37. Sector-32. Gurgaon
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Service tax exemption on job work: whether job workers must claim exemption and whether principals may take credit.
Whether job workers must compulsorily avail the service tax exemption under Notification No.25/2012 ST and whether service tax charged by job workers is admissible as cenvat credit to the principal manufacturer were discussed. Trade argued the exemption is conditional and optional and that service tax paid should be creditable; field officers maintained the exemption applies to intermediate processes and job workers cannot charge service tax. The Chairman indicated that exemption applies where principal clears on payment of excise duty and that credit would be available if service tax is charged; Board consideration is pending.
Filing of online return for second quarter of 2016-17— extension of period thereof
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Extension of filing deadline: online and hard copy VAT returns allowed; tax payment obligations remain unchanged and digital filers exempted from hard copy submission.
The Commissioner extended the filing deadline for second quarter VAT returns in Form DVAT-16, DVAT-17 and DVAT-48 under Rule 49A to a later date, while maintaining that tax liabilities must be paid in the usual manner under the VAT statute; filers using digital signatures are not required to submit a hard copy of the return/Form DVAT-56.

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