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Circulars
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Clarification on issues regarding treatment of supply by an artist in various States and supply of goods by artists from galleries
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Inter-State supply: artworks moved for exhibition attract integrated tax; GST payable upon actual sale when buyer selects artwork.
Artworks transported for exhibition on approval may be moved on a delivery challan (with e-way bill where applicable) and a tax invoice need only be issued at the time of actual supply when the buyer selects the artwork. Movements between States are inter-State supplies attracting integrated tax. Consignment of artworks to galleries without consideration does not constitute supply until the artwork is sold.
Creation of official website with respect to the Commissionerate under CBEC.
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Official website creation for the GST commissionerate announced; stakeholders and trade directed to access commissionerate online services.
Creation of an official website for the GST Commissionerate is announced as an administrative communication directing trade, industry, associations and other concerned persons to the GST Jabalpur Commissionerate's online portal as the digital point of contact for commissionerate services and communications.
Clarification regarding applicability of GST on the Superior Kerosene Oil [SKO) retained for the manufacture of Linear Alkyl Benzene [LAB]
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GST on retained SKO payable by refinery when used for LAB manufacture and on any onward supply.
GST is payable by the refinery on the value of the net quantity of Superior Kerosene Oil (SKO) retained for manufacture of Linear Alkyl Benzene (LAB); where the retained SKO is supplied to any other person, the refinery is liable to pay GST on that supply.
Clarification on taxability of printing contracts.
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Taxability of printing contracts: printing is a service when printer supplies physical inputs; otherwise printing is ancillary to goods.
Taxability of printing contracts depends on the predominant supply: if the printer supplies physical inputs while the purchaser supplies only content, printing is the principal supply and a supply of service; if the predominant element is the tangible printed article supplied to the purchaser, printing is ancillary and the transaction is a supply of goods.
Master Instruction on Defence against Writ Petitions/PILs relating to GST
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Defense coordination for GST writs ensures centralized authorisations and policy-led responses, plus affidavits and appeal preparation.
Master Instruction mandates centralized defence of GST-related writs through Nodal Cells and assignment of a Unique Index Number, authorisation by Commissioner (Legal)/Commissioner (DLA) to defend the Union and central respondents, structured solicitation of focused policy comments from designated departmental Wings, coordination with States and defence of the GST Council, provision of timely assistance to Government Counsel, filing of additional affidavits to reflect GST Council decisions, and preparation of proposals for appeals against High Court orders staying GST collection.
Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Delhi Goods and Services Tax Rules, 2017
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Extension of time for FORM GST TRAN-1 submission: deadline extended under rule 120A and section 168 of GST law.
An administrative order extends the period for submitting the declaration in FORM GST TRAN-1 under the authority of rule 120A read with the statute, on Council recommendation and central government concurrence, setting the new submission deadline as 27th December, 2017.
Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117 of the Delhi Goods and Services Tax Rules, 2017
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Extension of time for filing FORM GST TRAN-1 extends deadline and supersedes prior order under rule 117 and section 168.
Extension of the statutory period for submission of the declaration in Form GST TRAN-1 is ordered, permitting late filing until 27 December 2017 under rule 117 and the applicable statutory authority, and superseding the earlier Order No. 18-2017-18/GST dated 12.10.2017 insofar as inconsistent, without affecting prior acts or omissions.
Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03
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Composition scheme stock intimation deadline extended, allowing late submission in FORM GST CMP-03 under Delhi GST rules.
The order extends the period for furnishing stock intimation required when electing the composition levy, permitting taxpayers to submit details of stock held on the day before they commence the composition scheme in FORM GST CMP-03, under the delegated rule-making powers conferred by the Delhi GST framework.
Drawing of samples for the purpose of grant of drawback
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Drawback sampling authority: senior customs may decide sampling under risk criteria, limiting samples to necessary cases.
The Board rescinds earlier circulars prescribing sampling limits and directs a risk based discretionary sampling regime: consignments selected under the Risk Management System will be examined and an officer not below Assistant/Deputy Commissioner will determine sampling necessity on merits; samples are to be drawn only when necessary or on specific intelligence of misuse or fraud, with senior monitoring to ensure timely finalisation and issuance of Public Notices and Standing Orders for guidance.
Approval as the custodian of imported goods under Section 45 (1) of the Customs Act, 1962 - Central Warehousing Corporation, Panambur, Mangaluru granted as the CCSP/custodian of the imported goods
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Custodianship of imported goods extended under customs rules; custodian remains strictly liable for loss and must meet bonding and operational conditions.
Extension of custodianship as a Customs Cargo Service Provider is granted subject to statutory compliance, execution and renewal of prescribed custodian and continuity bonds and contingency insurance. The custodian is strictly liable for loss, pilferage, theft, fire or damage to goods in its custody or during transit and must pay duty and penalties for goods lost after entry. Operational duties include provision of specified infrastructure, security, tracking systems, separate storage, customs accommodation, and publication of charges, together with comprehensive recordkeeping and non-transferability of core functions without permission.
SUB : Implementing Electronic Sealing for containers by exporters under selfsealing procedure by circular 26/2017-Customs dated 01.07.2017, 36/2017 dated 28.08.2017, 37/2017 dated 20.09.2017 and 41/2017 dated 30.10.2017 –reg.
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Electronic sealing mandated progressively for eligible self-sealing exporters at specified ports, becoming universal for FCL at all ports/ICDs.
Implementation of electronic sealing using RFID e seals is introduced for export container stuffing under the self sealing regime. Entitled exporters with RFID e seals and reader facilities may voluntarily adopt and continue self sealing without departmental supervision during the transitional period. The Board prescribed phased mandatory adoption for exporters permitted self sealing, Authorized Economic Operators, and exporters availing supervised stuffing at specified ports/ICDs, with universal mandatory e sealing for full container loads stuffed at approved premises across all ports/ICDs from the final effective date. Exporters already on the new procedure may continue; difficulties should be reported to the preventive general office.
Procedure for manual disbursal of budgetary support under Goods and Service Tax Regime to the units located in States of Jammu & Kashmir, Uttarakhand, Himachal Pradesh and North East including Sikkim - reg.
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Budgetary support under GST: manual registration and quarterly refund mechanism for eligible units in specified regions.
Manual registration and quarterly claim procedures enable disbursal of budgetary support under GST to eligible units formerly covered by area-based excise exemptions. Budgetary support is computed as specified shares of central and integrated tax debited from the unit's cash ledger, reduced for inputs procured from composition-scheme suppliers. Units must obtain GST registration, one-time scheme registration with unique ID, file quarterly returns and prescribed applications, and submit supporting documentation; jurisdictional Deputy/Assistant Commissioners verify GST return data and CA-certified details where required before sanction and PFMS credit.
Request for discontinuation of High Seas Sale Registration Procedure at Import Noting Section, Air Cargo Complex (I), Mumbai
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High Seas Sale registration discontinued; customs will verify buyer, seller and commission details during assessment and before out of charge.
Prior registration of High Seas Sale contracts at the Import Noting Section is discontinued. The Bill of Entry/Integrated Declaration must contain complete details of the High Seas Sale buyer, seller and commission, and all documents previously required for registration must be presented to the Proper Officer. The Proper Officer will verify commission calculations, notarized/attested agreements, confirmation letters, invoice copies, Air Way Bill endorsements and related documents during assessment or before Out of Charge. Multiple agreements must be disclosed with supporting documents by the authorised customs broker.
Implementing Electronic Sealing for Containers by exporters under self-sealing procedure by Circular 26/2017-cus dated 01.01.2017, 36/2017 dated 28.08.2017, 37/2017 dated 20.09.2017 and 41/2017 dated 30-10-2017
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Electronic sealing requirement becomes mandatory for designated exporters at listed ports; voluntary adoption allowed where readers exist.
Implementation of Electronic Sealing is introduced on a phased basis: entitled exporters with RFID e-seals and reader access may voluntarily self-seal without departmental supervision until the transition; thereafter e-sealing becomes mandatory for exporters with prior self-sealing permissions, AEO exporters and supervised-stuffing exporters at specified ports/ICDs, and ultimately for all Full Container Loads at all Ports/ICDs. Customs officers must familiarise themselves with RFID equipment and report implementation difficulties.
Division of Taxpayer base between the Central Government and Government of Andhra Pradesh.
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Division of taxpayer base assigns migrated GST registrants to Centre or State for single-interface administration.
The State Level Committee assigned migrated GST registrants in Andhra Pradesh to either Centre jurisdiction or State jurisdiction to ensure a single administrative interface, published lists identifying assigned taxpayers in annexures, and provided websites and e-mail contacts for taxpayers to verify assignments or report omissions.
Regarding the determination of the procedure for filing an appeal under Section 107(1) of the Uttar Pradesh Goods and Services Tax Act.
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Manual filing procedure for GST appeals requires Form APL-01, provisional acknowledgement, and later final registration.
Manual filing procedure prescribed for appeals under Section 107(1) of the Uttar Pradesh Goods and Services Tax Act pending electronic filing facility. Appeals are to be filed in Form APL-01 before the Appellate Authority, with manual signature and verification by the appellant, immediate provisional acknowledgement, and later final acknowledgement in Form APL-02 after submission of a certified copy of the relevant order within seven days. Separate registers are to be maintained, and the remaining procedural requirements under Section 107 and Rules 108, 109 and 109A must also be followed.
Some of the important issues to be considered while framing scrutiny assessments pertaining to filing of revised/belated returns by assessees, post-demonetisation.
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Revised return scrutiny: post demonetisation altered filings may be taxed as cash credits and face anti abuse treatment.
Where enquiries show that revised or belated returns filed post demonetisation contain fictitious manipulations-such as inflated sales, reduced closing stock, or increased cash in hand-the revised filings are suspect and manipulated receipts/sales/stock may be taxed as cash credit. Assessing Officers should compare disclosures with indirect tax records, verify counterparty genuineness, check tax audit findings, trace sources of payments, and, if income is found undisclosed, apply higher rate taxation applicable to such income; similar scrutiny applies to attempted creation of assets in wealth returns.
Andhra Pradesh Goods and Services Tax Act, 2017 – Transporters/owner of the conveyance – Documents to be accompanied with the Goods vehicle – Certain instructions – issuance – Regarding
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Transporter documentary compliance: carry invoice and e waybill where required under GST law or face liability and confiscation.
Transporters and owners of conveyances must carry with consignments a tax invoice, bill of supply or delivery challan and, where the consignment value exceeds the statutory threshold, an e waybill in FORM GST e waybill_1; the e waybill applies to interstate acquisitions/imports by advance e waybill, interstate supplies and intra State supplies, excluding goods exempt under the Act. Transporters accepting goods without required documents are treated as aiding tax evasion and may be liable under the Act, including independent confiscation of the vehicle. Where branded unit containers are treated as excepted, the packer must file an affidavit and mark unit containers to evidence voluntary forfeiture of brand rights.
Applicability of IGST / GST on goods transferred / sold while being deposited in a warehouse. -reg.
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Transfer of ownership of goods in a bonded warehouse triggers IGST on the supply; customs duty remains payable at ex bond based on import value.
Transfer or sale of imported goods while deposited in a customs bonded warehouse constitutes a supply taxable under IGST as an inter State supply, with value determined under CGST/IGST valuation rules; customs duties deferred at deposit remain payable on ex bonding based on the value determined at import under section 14, and post import costs are not added to the customs assessable value for ex bond duty computation.
Amendment in Appendix 3B of the Foreign Trade Policy 2015-2020
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MEIS incentive rates for numerous ITC HS codes increased from 2% to 4%, effective 01.11.2017 and limited period.
The Director General of Foreign Trade amended Appendix 3B Table 2 of the Foreign Trade Policy 2015-2020 to raise MEIS incentive rates for numerous specified ITC HS codes from 2% to 4%; the Public Notice states the enhanced rates operate with effect from 01.11.2017 and, in the notice, are expressed as valid until 30.06.2018, with a subsequent substitution of the earlier wording noted.

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Drawing of samples for the purpose of grant of drawback

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Drawback sampling authority: senior customs may decide sampling under risk criteria, limiting samples to necessary cases.
The Board rescinds earlier circulars prescribing sampling limits and directs a risk based discretionary sampling regime: consignments selected under the ... Summary

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Acts Income Tax