Notifications & Circulars
Press Information Bureau
12.10.2017
Indirect Taxation
Leasing of vehicles purchased and leased prior to 1st July, 2017 would attract GST at a rate equal to 65% of the applicable GST rate (including Compensation Cess)
MANU/PIBU/1264/2017
In order to provide relief to old/existing leases of motor vehicles, GST Council in its 22nd Meeting held on the 6th October, 2017 in the national capital took several decisions in respect of motor vehicles purchased and leased prior to 1st July, 2017. These decisions are as given below:-
a) Leasing of vehicles purchased and leased prior to 1st July, 2017 would attract GST at a rate equal to 65% of the applicable GST rate (including Compensation Cess).
b) Such vehicles when sold shall attract GST of 65% of the applicable GST rate (including Compensation Cess).
c) Sale of vehicles by a registered person who had procured the vehicle prior to 1st July, 2017 and has not availed any Input Tax Credits of Central Excise duty, VAT or any other taxes paid on such motor vehicles, would also be subject to 65% of applicable GST rate (including Compensation Cess).
These rates would apply for a period of three years with effect from 1st July, 2017. Notifications to give effect to the above would be issued shortly.
Tags : Vehicles Leasing GST
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Press Information Bureau
11.10.2017
Education
Cabinet approves MoU between India and Belarus for Cooperation in the field of Vocational Education and Training
MANU/PIBU/1257/2017
The Union Cabinet chaired by the Prime Minister Narendra Modi has given its ex-post facto approval for a Memorandum of Understanding between India and Belarus for cooperation in the field of Vocational Education and Training (VET). The MoU was signed on 12th September, 2017 during the State visit of H.E. Mr. Alexander Lukashenko, President of Belarus to India. This is for the first time MoU for cooperation in area of vocational education, training and skill development has been signed with Eurasian country.
Belarus has a large concentration of industries, mainly into manufacturing and heavy industries, which draw their strength from available skilled manpower and a highly developed skill training system. The transfer of knowledge of their skilling methodology will immensely help in our initiatives like "Make in India" and "Skill India". This MoU would pave the way for systematic transfer of their expertise and knowhow in skilling the manpower specially in manufacturing sector.
Cooperation between two countries in identified areas would be implemented through establishing institutional partnerships between Republican Institute for Vocational Education" (RIPO) , an apex institution for development of Belarusian vocational education system and Directorate General of Training for transfer of technology in VET delivery & its sustainability. Cooperation with Sectoral VET/ Centres of Excellence of Belarus is proposed for Research and Development in the skilling ecosystem.
The areas of cooperation are as under:
The Belarusian side shall provide comprehensive transfer of know-how of emerging technologies, training and evaluation methodologies, content development for regular / distance learning / e-learning/training of master trainers, competency building of the assessors in area of their competency and network building & industry linkage;
Vocational education services for Indian citizens for skill development in the field of construction, electric-power production and distribution, manufacturing industry, trade, auto service and household goods repair and maintenance, transport, communication, hotels and restaurants as well as other fields being in high demand in India;
Retraining, up-skilling, internship for Vocational Education and Training managers, teachers and trainers of India by the Belarusian Side;
Advisory services in order to enhance planning, management and delivery of Vocational Education and Training and Skill Development.
Major impact:
The MoU would bring in Belarus experience and expertise for overall improvement in skill eco system of the country. Implementation of proposal includes innovation and improvement in the existing vocational education and skill development through Research and Development in the field. The financial arrangement for the co-operative activities undertaken within the framework of this MoU shall be mutually agreed upon by the Parties on a case-by-case basis, subject to the availability of funds.
Tags : MOU Approval Vocational Education
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Press Information Bureau
11.10.2017
Capital Market
Cabinet approves MoU between SEBI and FSC
MANU/PIBU/1253/2017
The Union Cabinet chaired by the Prime Minister Narendra Modi has given its approval for signing of a Memorandum of Understanding (MoU) between Securities and Exchange Board of India (SEBI) and Financial Services Commission (FSC), Gibraltar for mutual co-operation and technical assistance. The MoU is likely to promote further development of economic links and cooperation between the two regulators and aims at creating conditions for an effective development of securities markets in the two countries. It would also contribute towards strengthening the information sharing framework between the two signatories. It is expected to add value to overseas mutual cooperation and regulation activities of SEBI and FSC, Gibraltar.
Tags : MOU Approval SEBI FSC
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Press Information Bureau
10.10.2017
Indirect Taxation
IGST Refund to exporters - CBEC directs officers to do it through existing refund route
MANU/PIBU/1247/2017
WITH the GST Council recommending immediate disbursal of refund to exporters the CBEC explored the possibility with the Chief Controller of Accounts but the same expressed its inability on account of its ongoing migration of existing hardware and software infra of PFMS.
In this background, it was suggested that the existing tax refund payment system for refund of IGST on exports may be utilised. In the existing system the concerned departmental officer (Assistant Commissioner/Deputy Commissioner of the Customs Commissionerate) issues a single cheque to the bank along with a list of exporters containing details of their bank accounts, amount of refund. Against the single cheque of consolidated amount of refund, the authorized bank credits the bank account of the exporters mentioned in the list through ECS/NEFT/RTGS. The cheque books for this purpose are provided by the field PAOs to the departmental officers.
The CBEC has directed its officers to use the existing system to make immediate payment of refund of IGST on Exports w.e.f. 10th October 2017 till 14th October 2017. The payment through PFMS portal would be started from 16th October 2017. The cheque books presently being used for refund payments may also be used for refund of IGST on exports by the Departmental Officers. In case of requirement of additional cheque books by the Customs formations, the same may be provided by the concerned PAO.
Tags : IGST Refund Exporter
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Press Information Bureau
10.10.2017
Service
PFRDA rolls-out Aadhar Powered Digital on Boarding into APY through eNPS platform for wider reach
MANU/PIBU/1249/2017
Pension Fund Regulatory and Development Authority (PFRDA) has embarked upon several digital friendly steps for extension of the benefits of APY to the citizens of India. PFRDA has developed the process to offer APY enrolment through eNPS platform for wider reach. Under this channel a complete end to end digital environment for subscription is enabled without submission of physical form at the convenience of the customer without visiting bank or post office.
So far APY is available for subscription through Banks, BCs and through internet banking. Now, APY is available on eNPS platform and any eligible Indian citizen can enroll through the APY@eNPS channel by visiting www.enps.nsdl.com. The customers of the Bank can visit eNPS portal and submit Aadhaar/ Bank Name and Savings Bank Account Number to join the scheme. The benefits of APY@eNPS are:
Paperless registration
No need for visiting Bank Branch.
Online enrollment can be made 24*7 at the customer's convenience.
No Need for having internet banking Id.
Punjab National Bank is the first Bank to operationalize APY@eNPS and quite a few other banks are expected to launch this platform shortly offering Aadhaar enabled APY enrollment.
Any person in the age group of 18 to 40 years with a savings bank account and Aadhaar can register for APY by providing the minimum information in the APY@eNPS portal as rest of the information will be auto populated from the respective bank. This new feature not only makes it easy for the subscriber to join the APY but also reduces the workload for the Banks/Postal Branch which are implementing the APY.
Tags : Benefit Extension Paperless registration
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Telecom Regulatory Authority of India
09.10.2017
Media and Communication
TRAI releases Consultation Paper on "Next Generation Public Protection and Disaster Relief (PPDR) communication networks"
MANU/TRAI/0090/2017
The Telecom Regulatory Authority of India (TRAI) has today released a Consultation Paper on "Next Generation Public Protection and Disaster Relief (PPDR) communication networks".
2. Public Protection and Disaster Relief (PPDR) communications supports a wide range of services related to day to day life of public such as maintenance of law and order, protection of life and property, disaster relief and emergency responses.
3. The advancement of the technology has provided PPDR networks with latest and enhanced features in terms of capability, capacity and interoperability. Broadband PPDR supports wide range of applications such as sending live images, videos and texts apart from the voice communications. Existing PPDR networks in the country are analog and digital systems supporting narrowband voice and data communications. Introduction of advanced PPDR communication networks can be a great enabler in decision making and handling of PPDR operations for personnel and organizations involved.
4. Keeping in view the need to have a robust policy framework for the introduction of an advanced, reliable, robust and responsive PPDR communication system in the country, the Authority, consequent upon powers conferred upon it, under section 11 (1)(a)(ii) and (vii) of the TRAI Act 1997 (as amended), has initiated suo-motu a Consultation Paper (CP) on ‘Next Generation Public Protection and Disaster Relief (PPDR) communication networks' for the comments of the stakeholders.
5. The consultation paper has elaborated on the issues and shortcoming with existing PPDR networks, features of Next Generation PPDR networks, technical specifications and spectrum availability and future requirements. Execution models prevailing in various countries for Next Generation PPDR network have been deliberated and included in this consultation paper as international practices. The consultation paper has beer. placed on TRAI's website.
6. Written comments/inputs on the issues raised in the Consultation Paper are invited from the stakeholders by 20th November, 2017 and counter-comments by 4th December, 2017.
7. The comments and counter-comments may be sent, preferably in electronic form at advmn@trai.gov.in. For any clarification/ information Shri S. T. Abbas, Advisor (Network Spectrum & Licensing), TRAI may be contacted at Telephone Number +91-11-23210481.
Tags : Consultation Paper Release Disaster Relief Communication networks
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Ministry of Finance
09.10.2017
Customs
Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017
MANU/CUST/0091/2017
As you are aware, Rule 96 of the CGST Rules 2017 deals with refund of Integrated Tax paid on goods exported out of India. It provides that the shipping bill filed by an exporter shall be deemed to be an application for refund of integrated tax paid on the goods exported out of India once export general manifest (EGM) and valid return in Form GSTR-3 or Form GSTR- 3B, as the case may be has been filed. Once these conditions are met, the Customs System shall process the claim for refund and an amount equal to the integrated tax paid in respect of each shipping bill or bill of export shall be electronically credited to the bank account of the applicant mentioned in his registration particulars and as intimated to the Customs authorities.
2. The Committee on Exports setup by the GST Council has recommended that IGST refunds for exports made in July 2017 must start by 10.10.2017. This recommendation has been endorsed by GST Council in its meeting on 06-10-2017. Necessary background work is being done by the Directorate General of Systems, GSTN and Controller General of Accounts (PFMS). In order to ensure that refunds start smoothly, following guidelines are issued for the field formations-
Export General Manifest
3. Filing of correct EGM is a must for treating shipping bill or bill of export as a refund claim. Commissioners must ensure that the concerned airlines/shipping lines/carriers file EGM/Export report within prescribed time. Cases which remain in EGM error due to any reason should be followed up to ensure that records are updated at the gateway port, especially for ICDs. Exporters may be advised that they should follow up with their carriers to ensure that correct EGM/export reports are filed in a timely manner.
Details of export supplies in Table 6A of GSTR-1
4. The details of zero rated supplies declared in Table 6A of return in Form GSTR-1 are matched electronically with the corresponding details available in Customs Systems as per details provided in shipping bills/ bill of export. Thus exporters must file their GSTR-1 very carefully to ensure that all relevant details match. For their convenience, the details available in the Customs System have been made available for viewing in their ICEGATE login.
4.1 Exporters who have not filed their GSTR-1 for month of July 2017 may be advised to do so immediately.
4.2 For month of August 2017 and subsequent months, facility of filing GSTR-1 has not been made available by GSTN at present. In order to facilitate processing of refunds, GSTN is making available a separate utility for filing details in Table 6A of GSTR-1 on the GSTN Web portal. Exporters may be advised to submit the requisite details once GSTN develops the utility.
Valid return in Form GSTR-3 or Form GSTR-3B
5. Filing of valid return in GSTR-3 or GSTR-3B is another pre-condition for considering shipping bill/Bill of export as claim for refund. Exporters may be advised that they must file these returns expeditiously without waiting for the last date, to ensure that their refund is processed in a timely manner.
Bank account details
6. As per Rule 96 of CGST Rules 2017, the refund is to be credited in the bank account of the applicant mentioned in his registration particulars. As a practice, exporters have been declaring details of bank account to Customs for the purpose of drawback etc. There is a possibility that bank account details available with Customs do not match with those declared in the GST registration form. In order to ensure smooth processing and payment of refund of IGST paid on exported goods, it has been decided that said refund amount shall be credited to the bank account of the exporter registered with Customs even if it is different from the bank account of the applicant mentioned in his registration particulars. However, exporters may be advised to either change the bank account declared to Customs to align it with their GST registration particulars or add the account declared with Customs in their GST registration details.
6.1 Further, as the refund payments are being routed through the PFMS portal, the bank account details need to be verified and validated by PFMS. The status of validation of bank account with PFMS is available in ICES. Exporters may be advised that if the account has not been validated by PFMS, they must get their details corrected in the Customs system so that their bank account gets validated by PFMS. Exporters are also advised not to change their bank account details frequently to avoid delay in refund payment.
Processing of refund claims
7. Proper officer of each jurisdiction shall generate a payment scroll of eligible IGST refunds in the same manner as RoSL scrolls are generated. The scroll shall be transmitted electronically to PFMS system for onward payment into their bank accounts. Unlike RoSL where paper scrolls are to be sent by field formations, in this case, electronic verification will be done centrally by a DDO appointed in this regard. Detailed EDI procedure for processing of claims and generation of refund scrolls is being circulated by Directorate of Systems, CBEC. DG-Systems is also laying down the procedure for payment and accounting in consultation with Pr. CCA CBEC and CGA of India. Proper officers may be designated in each Commissionerate, who should be in readiness to start generating refund scrolls from 10.10.2017 onwards.
Handling of cases under Rule 96(4)(a)
8. Sub rule 4a of aforesaid Rule 96 provides that refund is to be withheld if a request has been received from the jurisdictional Commissioner of central tax, State tax or Union territory tax to withhold the payment of refund in accordance with the provisions of sub-section (10) or sub-section (11) of section 54. In such cases, the proper officer of integrated tax at the Customs station has to intimate withholding of refund to the applicant and the jurisdictional Commissioner of central tax, State tax or Union territory tax, as the case may be, and a copy of such intimation has to be transmitted to the common portal.
8.1 The Commissioners should put in place a mechanism for keeping record of such intimations received from jurisdictional Commissioner of central tax, State tax or Union territory tax and ensuring that refunds are not processed and sanctioned in such cases. Necessary communication to the applicant and the jurisdictional Commissioner of central tax, State tax or Union territory tax, in respect of claims withheld should be promptly sent. Mechanism to communicate the same to Common portal is being worked out and shall be communicated separately.
Exports in violation of the provisions of the Customs Act, 1962
9. In case where proper officer determines that the goods were exported in violation of the provisions of the Customs Act, 1962, IGST refund has to be withheld in terms sub rule 94(4)(b) of aforesaid Rule 96. Accordingly, necessary action in such cases to ensure that IGST refund is withheld should be taken.
10. Guidelines and procedures for filing and processing of refunds of IGST paid on export goods for exports made under manual (non-EDI) shipping bills shall be communicated separately.
11. Suitable trade notices and standing orders should be issued for guidance of trade and officers respectively. Difficulties, if any, may be brought to the notice of the Board.
Tags : Goods Export Refund
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Ministry of Commerce and Industry
09.10.2017
Customs
Amendment in para 5.25 of HBP 2015-20 of the Handbook of Procedures (HBP) of Foreign Trade Policy (FTP) 2015-20
MANU/DGFT/0108/2017
In exercise of the powers conferred under Paragraph 1.03 of the Foreign Trade Policy (FTP), 2015-20, the Director General of Foreign Trade, hereby makes amendments in para 5.25 of the Handbook of Procedures (HBP) of FTP 2015-20, with immediate effect (changes /additions made are in bold letters).
2. The revised para 5.25 of HBP 2015-20 of FTP 2015-20 would be substituted to read as under :
Para 5.25: Re-Export/Repair/Replacement of Capital Goods Imported under EPCG Scheme
(a) Capital Goods imported under EPCG scheme, which are found defective or unfit for use, may be re-exported to foreign supplier within three years from the date of clearance by Customs of such goods, with permission of RA / Customs Authority. Consequently, EO would be re-fixed.
(b) Capital Goods imported and found defective or otherwise unfit for use may be exported, and Capital Goods in replacement thereof be imported under EPCG scheme. In such cases, while allowing export, the Customs shall credit the duty benefit availed which can be debited again at the time of import of such replaced Capital Goods.
(c) Capital Goods imported under EPCG Scheme, may be re-exported for repairs abroad within three years from the date of clearance by Customs of such goods, with permission of RA/Customs Authority. The duty component on the expenditure incurred on the repairs as well as the insurance and the freight, both ways shall be taken into account for re-fixation of the EO.
3. Effect of this Public Notice:
Para No.5.25 of the Handbook of Procedures of FTP 2015-20 has been amended.
Tags : Amendment Procedures Foreign Trade Policy
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