Notifications & Circulars

Ministry Of Home Affairs

12.01.2017

Civil

Supersession of notification number S.O. 3591(E)

MANU/HOME/0002/2017

WHEREAS, in exercise of the powers conferred by Section 18 of the Citizenship Act, 1955 (57 of 1955), the Central Government framed the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 (hereafter referred to as the said rules), which provides under sub-rule (3) of rule 4A that the Registrar General of Citizens Registration shall notify the period and duration of the enumeration in the Official Gazette;

AND WHEREAS, the Central Government decided to update the National Register of Citizens, 1951 in the state of Assam;

AND WHEREAS, the Registrar General of Citizens Registrations has, vide notification number S.O. 3591(E), dated the 6th December, 2013 notified that the enumeration in respect of the State of Assam shall take place from the date of publication of that notification and be completed within a period of three years;

AND WHEREAS, the said enumeration in the State of Assam could not be completed within the period specified in the said notification;

AND WHEREAS, the Government of the State of Assam has requested more time for completion of enumeration in the State of Assam as the verification process specified in the Schedule to the said rules is in progress;

AND WHEREAS, the Central Government has considered it necessary and expedient in the public interest to allow the State Government of Assam to complete the said enumeration in the State by the 31st day of March, 2017.

Now, THEREFORE, pursuant to the provisions of the sub-rule (3) of rule 4A of the Citizenship (Registration of Citizens and Issue of National Identity cards) Rules, 2003 and in supersession of the said notification number S.O. 3591(E), dated the 6th December, 2013, except as respects things done or omitted to be done before such supersession, the Registrar General of Citizens Registration hereby notifies that the enumeration in respect of the State of Assam shall be completed within the period ending on the 31st day of March, 2017.

Tags : Enumeration Completion Notification Supersession

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Reserve Bank of India

12.01.2017

Banking

Evidence of Import under Import Data Processing and Monitoring System

MANU/APDR/0003/2017

Attention of Authorized Dealer Category-I (AD Category-I) banks is invited to A.P. (DIR Series) Circular No. 05 dated October 06, 2016 read with Section 5 and Section 10 of the Foreign Exchange Management Act 1999 (42 of 1999), Government of India Notification No. G.S.R. 381(E) dated May 3, 2000 viz., Foreign Exchange Management (Current Account Transaction) Rules, 2000 on import of goods, FED Master Direction No. 17 dated January 1, 2016 on Import of Goods and Services and A.P. (DIR Series) Circular No. 9 dated August 24, 2000 which outlines the procedure, mode/manner of payment for imports and submission of related returns. Within the contours of the extant instructions on import of goods, specific attention is invited to the directions on Obligation of Purchaser of Foreign Exchange and submission of document as Evidence of Import.

2. Bill of Entry (BoE) data is received in IDPMS from Customs Department for EDI ports and from NSDL for SEZ on daily basis. BoE data for non-EDI ports are entered by AD Category - I bank of the importer on receipt of BoE (importer's copy) and then the bank uploads the data in IDPMS through "Manual BOE reporting" process. In order to enhance ease of doing business and reduce transaction costs, it has been decided to discontinue submission of hardcopy of Evidence of Import documents i.e. BoE, with effect from December 01, 2016, as it is available in IDPMS.

The revised procedures are as set out below:

i. AD Category - I bank will enter BoE details (BoE number, port code and date) as received from the importer and download the BoE message data from "BOE Master" in IDPMS. Thereafter, match and settle the BoE data with Outward Remittance Message (ORM) associated with the payment for import as per the message format "BOE Settlement" in IDPMS. Multiple ORMs can be settled against single BoE and also multiple BoE(s) can be settled against one ORM.

ii. In respect of imports on 'Delivery against Acceptance' basis, on request of importer, AD Category - I bank shall verify the evidence of import from IDPMS at the time of effecting remittance of import bill.

iii. On settlement of ORM with evidence of import AD Category - I bank shall in all cases issue an acknowledgement slip to the importer containing the following particulars:

a. importer's full name and address with code number ;

b. number and date of BoE and the amount of import; and

c. a recap advice on number and amount of BoE and ORM not settled for the importer.

iv. The importer needs to preserve the printed 'Importer copy' of BoE as evidence of import and acknowledgement slip for future use.

3. The extant instructions and guidelines for Evidence of Import in Lieu of Bill of Entry will apply mutatis mutandis. The evidence of import in lieu of BoE in permitted/approved conditions will be created and uploaded by AD Category - I bank of the importer in the form of BoE data as per message format "Manual BOE reporting" in IDPMS.

4. Follow-up for Evidence of Import : AD Category - I banks shall continue to follow up for outward remittance made for import (i.e. unsettled ORM) in terms of extant guidelines and instructions on the subject. In cases where relevant evidence of import data is not available in IDPMS on due dates against the ORM, AD Category - I bank shall follow up with the importer for submission of documentary evidence of import. Similarly, if BoE data is not settled against ORM within the prescribed period AD Category - I banks shall follow up with the importer in terms of extant instructions.

5. Verification and Preservation: Internal inspectors and IS auditors (including external auditors appointed by AD Category - I bank) should carry out verification and IS audit and assurance of the "BOE Settlement" process in IDPMS. Data and process followed by AD Category -I bank for "BOE Settlement" should be preserved in terms of the guidelines under Cyber Security Framework in the bank. However, in respect of cases which are under investigation by investigating agencies, the data, process and/or documents may be destroyed only after obtaining clearance from the investigating agency concerned.

6. Authorised Dealers may bring the contents of this circular to the notice of their constituents and customers concerned.

7. Master Direction No. 17 dated January 1, 2016 is being updated to reflect the changes.

8. The directions contained in this circular have been issued under Section 10(4) and 11(1) of the FEMA, 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law.

Tags : Import Processing Evidence

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Ministry of Finance

12.01.2017

Service Tax

Amendment in notification No.25/2012-Service Tax, dated the 20th June, 2012

MANU/DSTX/0001/2017

In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.25/2012-Service Tax, dated the 20th June, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 467 (E), dated the 20th June, 2012, namely:-

In the said notification, in the opening paragraph,-

(i) in entry 29, for item (g), the following item shall be substituted, namely:-

"(g) business facilitator or a business correspondent to a banking company with respect to accounts in its rural area branch."

(ii) in entry 34, for the proviso, the following proviso shall be substituted with effect from 22nd day of January, 2017, namely,-

"Provided that the exemption shall not apply to -

(i) online information and database access or retrieval services received by persons specified in clause (a); or

(ii) services by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India;".

Tags : Notification Amendment Exemption Applicability

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Press Information Bureau

11.01.2017

Civil

Statement by the Finance Minister regarding bold and courageous decisions being taken to transform the economy such as demonetization and GST

MANU/PIBU/0017/2017

GANDHINAGAR - THE Union Finance Minister, Mr Arun Jaitley, reiterated the advantage of taking bold and courageous decisions to transform Indian economy. He said difficult decisions initially pass through difficult phases as historic decisions have temporary pain attached to them. Speaking about demonetization, Mr Jaitley said that India needs bold decisions as it is time now to clean up the table and demonetization is going to have an impact over the course of our present and future lives. Mr Jaitley was addressing a seminar on 'GST: The game changer for Indian economy' on the second day of vibrant Gujarat Global Investors Summit at Mahatma Mandir in Gandhinagar today.

Stressing the implementation of GST, FM said that most of the issues have been resolved; few critical issues are left which will be resolved in the next few weeks. He further added that GST Council is deliberative democracy in action and the impact of both GST and demonetization will be felt this year.

FM said, when GST merges all the taxes and makes India into one entity, it's an advantage to the assessee. Once the GST is implemented, the combination of a more digitized economy with a more efficient tax system will make India better. The Minister said that People want transparency. So, government is emphasizing on bringing transparency and elimination of discretion and Indian economy has opened up significantly in the last two years.

About the Summit, Shri Jaitley said it has been branded as Vibrant Gujarat but it has become foremost economic conclave. It showcases both Indian economy and progress of Gujarat.

Tags : Decisions Economy Transformations

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Press Information Bureau

10.01.2017

Direct Taxation

Income Tax Department receives Silver Award for e-filing of Income Tax Returns project in the Awards National on e-Governance 2016-2017

MANU/PIBU/0015/2017

The Income Tax Department is proud to announce that it has been conferred the Silver Award in the National Awards on e-Governance-2016-17 for the e-filing of Income Tax returns and other forms project in the category "Incremental Innovations" in existing projects. The award is in recognition of the achievements of the Department in the area of e-Governance and for significant innovations in successful e-Governance programs in the current Award period. The e-filing of Income Tax returns project had already won the Silver Award in the National Awards on e-Governance in 2007-08.

The path breaking innovations introduced by the Department in the e-filing of Income Tax returns project are:

i. Introduction of Electronic Verification Code (EVC)- This innovation introduced in July 2015 enables the citizen to electronically verify Income tax returns and other forms using EVC through third party authentication services provided by Aadhaar using Aadhaar OTP, authentication by banks using net banking, ATM, bank account validation and security depositories such as NSDL and CDSL using demat account validation. The taxpayer can use any of these authenticating mechanisms to receive an Electronic Verification Code (EVC) which can be entered after submission of a return to verify and complete the process. This year alone over 1.1 Cr Income Tax returns have been electronically verified using EVC thereby obviating the need to submit a paper copy of the ITR-V to CPC Bangalore as was being done earlier.

ii. Securing taxpayer account using E-filing Vault- This innovation aims at adding one more level of authentication to the process of login to the "My Account" of the tax payer and for resetting of password by leveraging the EVC concept. E-filing Vault enables the tax payer to completely secure the e-filing account to prevent any unauthorized access.

iii. Easy compliance through Non-Filers Monitoring and E-Sahyog- This innovation aims at providing convenience to the tax payer for submitting tax compliance response through the e-filing portal. The taxpayer can now sitting at home or office any time any where respond to any letter from the Department seeking taxpayer clarification regarding non filing of return or any mismatch in Income Tax return. This innovation has the potential to significantly reduce compliance cost and increase voluntary compliance.

The Income Tax Department is spurred by the recognition received and is encouraged to initiate more innovations to facilitate taxpayers through its e-Governance programs.

Tags : Tax-returns e-filing Awards National

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Press Information Bureau

10.01.2017

Environment

Environment Ministry Invites Comments on Draft Notification for Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2016

MANU/PIBU/0016/2017

The Ministry of Environment, Forest and Climate Change has invited comments on the draft notification of Prevention of Cruelty to Animals (Dog Breeding and Marketing Rules), 2016. The Ministry will be notifying the proposed draft Rules in the Gazette of India for public information. Any interested person can make any suggestion on the said draft rules in writing for consideration of the Central Government to the Deputy Secretary, Animal Welfare Division, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, New Delhi, within 30 days of such publication of the Rules.

Interacting with media persons here today, Minister of State (Independent Charge) of Environment, Forest and Climate Change, Shri Anil Madhav Dave, said that till now there were no Rules in the country on the breeding, sale and purchase of dogs. The Minister expressed the hope that the shops and sale and purchase of dogs will be made online.

Objective of the Rules:

The objective of the Rules is to make dog breeders and their marketers accountable and to prevent infliction of any cruelty in this process. There were also no specific rules, or guidelines for mandatory registration of breeders and establishments and requirements to be met by such breeders. Dog breeding and their marketing trade also mushroomed all around. At times, some cruelty has been caused in breeding and marketing of dogs, with little or no accountability.

Process: The proposed Rules provide as under:-

(i) It will be mandatory for all dog breeders and the dog breeding establishments to register themselves with the State Animal Welfare Board of the respective State Governments.

(ii) It defines the breeding requirements/conditions for sale.

(iii) It defines the requirements to be met by the breeders and the establishments used for breeding, or housing dogs, such as health-related requirements, housing facilities, manner of housing dogs, conditions for sale, breeding, micro-chipping, vaccination etc.

(iv) An inspector authorised by the State Board can inspect the establishment.

(v) It is mandatory for dog breeders to maintain proper records of both male and female dogs, their breed, micro-chip number, number of litters, sale, purchase, death, rehabilitation etc.

(vi) Every dog breeder is required to submit yearly report to the State Board regarding animals sold, traded, bartered, brokered, given away, boarded or exhibited during previous year or any other information asked for by the State Board.

Violation of Rules: Non-compliance of the proposed Rules will lead to cancellation of the registration of the dog breeder.

The Ministry has implemented Prevention of Cruelty to Animals (PCA) Act, 1960 to prevent infliction of unnecessary pain, or suffering on animals.

Tags : Prevention Cruelty Animals Comments Draft

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Insurance Regulatory and Development Authority

10.01.2017

Insurance

Clarifications in respect of the provisions of IRDAI (Health Insurance) Regulations 2016 and Guidelines on Product Filing in Health Insurance

MANU/IRDA/0002/2017

Reference is invited to the provisions of Guidelines on Product Filing in Health Insurance notified vide ref: IRDA/HLT/REG/CIR/150/07/2016 dated 29th July, 2016 (hereafter referred as the Guidelines). Under the powers vested in Regulation 2 (i) (o) read with Regulation 39 of IRDAI (Health Insurance) Regulations, 2016, the following clarifications are issued.

I. The following clarifications / further provisions shall be effected in CHAPTER - II of the Guidelines.

1. Reference to Clause (2) (I) (j) in Clause (3)(II)(iii) shall be replaced with Clause (3) (I) (j). On replacing, the first sentence of Clause (3) (II) (iii) shall be read as under;

"Insurers shall comply with Clause (3) (I) (d), Clause (3) (I) (e), Clause (3) (I) (i) and Clause (3) (I) (j) referred above,"

2. After Clause (4) (xiv) the following additional sub-clauses are incorporated.

(xv) "Any revision or modification including a revision in the price of a policy which is approved by the Authority shall be notified to policyholders at least ninety days prior to the date when such revision or modification comes into effect. The notice shall set out the revisions or modifications affected, and the changes in premium, if any. The possibility of a revision or modification of the terms of the policy including the premium must be disclosed in the prospectus and policy wordings.

(xvi) "Norms for AYUSH Coverage: In addition to the hospitals specified in Regulation 18-'AYUSH Coverage' of IRDAI (Health Insurance) Regulations 2016, General and Health Insurers may also provide coverage for one or more systems covered under 'AYUSH treatment, provided the treatment has been undergone in:

i. Teaching hospitals of AYUSH colleges recognised by Central Council of Indian Medicine (CCIM) and Central Council of Homeopathy (CCH)

ii. AYUSH Hospitals having registration with a Government authority under appropriate Act in the State/UT and complies with the following as minimum criteria:

a) has at least fifteen in-patient beds;

b) has minimum five qualified and registered AYUSH doctors;

c) has qualified paramedical staff under its employment round the clock;

d) has dedicated AYUSH therapy sections;

e) maintains daily records of patients and makes these accessible to the insurance company's authorized personnel

(xvii) "Norms for settlement of claims under multiple policies: On the norms prescribed in Regulation 24(ii)(2) (Multiple Policies) of IRDAI (Health Insurance) Regulations, 2016, it is further clarified that the policyholder having multiple policies shall also have the right to prefer claims from other policy / policies for the amounts disallowed under the earlier chosen policy / policies, even if the sum insured is not exhausted. Then the Insurer(s) shall settle the claim subject to the terms and conditions of the other policy / policies so chosen.

II. The following further provisions shall be effected in CHAPTER - IV of the Guidelines.

1) Clause III (2) shall be substituted with the following provision and shall be read as under:

"No changes shall be effected in respect of any group insurance product filed under the Use and File. However, where a modification is to be made to such Group Health product, the iteration mentioned under Use and File procedure shall be followed afresh.

III. Annexure-I, Section II, 2.8.9 shall be replaced with the following and shall be read as under: "Maximum renewal Age"

Insurers and, Third Party Administrators wherever applicable, are advised to make a note of the above clarifications and ensure compliance.

Tags : Clarifications provisions IRDAI

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Press Information Bureau

09.01.2017

Excise

Migration of existing Central Excise/Service Tax assessees to GST

MANU/PIBU/0012/2017

Central Board of Excise & Customs (CBEC) has initiated the process of migration of its existing CENTRAL EXCISE/SERVICE TAX assessees to GST with effect from 9th January, 2017. As part of its efforts to ensure implementation of GST by 1st April, 2017, CBEC has taken steps to ensure that its existing taxpayers are migrated to GST in a simple, user-friendly and smooth manner. Once the existing registered Taxpayers (both Central Excise as well as Service Tax) login to CBEC's Web Portal www.aces.gov.in, a facility will be given in a secure manner to access the provisional login ID and password given by Goods and Services Tax Network (GSTN). Thereafter, using the same, they can log in to GST Portal (www.gst.gov.in) to fill the required fields and submit scanned documents.

However, if they have already initiated the process of migration to GST as a VAT assessee under STATE COMMERCIAL TAX department, no further action is necessary. PAN is mandatory for migration to GST. Hence, if the existing Central Excise/Service Tax Registration Code does not have PAN, then PAN has to be obtained from Income Tax Department and the Registration details have to be updated in the ACES Portal www.aces.gov.in.

CBEC has made available a 24x7 HELPDESK (TOLL-FREE NO 1800-1200-232, EMAIL:cbecmitra.helpdesk@icegate.gov.in) for the purpose of assisting existing CENTRAL EXCISE/SERVICE TAX assessees. GSTN also has a HELP DESK number: 0124-4688999 and GSTN email address is: help@gst.gov.in A Step-by-Step Taxpayers User guide for Migration is available at www.aces.gov.in and at www.cbec.gov.in

CBEC is also sending Emails/recorded telephonic messages to all registered CENTRAL EXCISE / SERVICE TAX assessees requesting them to migrate to GST. Outreach programmes such as Awareness Workshops/ Training for CENTRAL EXCISE/SERVICE TAX assessees are being organized all over India at the Commissionerates and Divisional offices of CBEC.

All existing CENTRAL EXCISE/SERVICE TAX assessees are requested to migrate as early as possible, latest by 31st January, 2017.

Tags : Implementation GST Assessee Migration

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Press Information Bureau

09.01.2017

Miscellaneous

No additional levy on use of cards at petrol stations says Petroleum Minister

MANU/PIBU/0013/2017

MoS (I/C) for Petroleum and Natural Gas, Shri Dharmendra Pradhan said neither the customers nor petrol pump dealers will bear additional charges on digital transactions at petrol stations. He said that the Government had issued guidelines in February 2016 stating that the Merchant Discount Rate (MDR) charge will not be passed on to the consumers and that the stakeholders will take appropriate steps to absorb the MDR charges. The Government has stepped in after the issue on levy on digital transaction at petrol stations was raised by association of petrol pump dealers. Shri Pradhan said that there will be no additional levy on digital transaction at petrol stations even after 13 January, 2017. He also said that the Petrol pump transaction fee is a business model between the banks & oil marketing companies which they will resolve.

Tags : Cards Usage No additional levy

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