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Circulars
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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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Extension of time for stock intimation under composition levy: deadline for filing FORM GST CMP-03 extended administratively.
Extension of time is granted for furnishing details of stock held on the day preceding the date from which a taxpayer exercises the option for composition levy, permitting submission in FORM GST CMP-03 until 31st October, 2017, issued under sub-rule (4) of rule 3 read with section 168 on the Council's recommendation.
10/2017 - 11-10-2017 GST - States
Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports
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Export under Letter of Undertaking extended to all registered persons with procedural safeguards and timelines for acceptance.
The circular extends the facility of export under a Letter of Undertaking (LUT) to all registered persons except specified prosecuted persons, prescribes LUT validity for the financial year with withdrawal and restoration mechanics tied to payment and export timelines, mandates temporary submission procedures until FORM GST RFD-11 is on the portal, accepts exporter self-declaration with post-facto verification, requires three working day acceptance by authorities (deemed accepted if not), and sets bond and bank guarantee safeguards, running bond maintenance, sealing supervision, and jurisdictional acceptance rules.
Addressing the issues related to IGST Export Refunds
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IGST export refund bank account accuracy required to enable data exchange and timely refunds under CGST rules.
Requirement that exporters accurately declare their bank account for IGST export refunds and ensure the account recorded in ICES is also registered with the GSTN to permit data exchange and verification, enabling timely and successful refund processing.
Approval granted to M/S Andhra Pradesh Trade Promotion Corporation Limited (APTPC Ltd) to operate as a custodian for the premises mentioned in the schedule for import and export of consignments
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Custodian approval enables operation of specified air cargo premises subject to security, customs access, and screening requirements.
Approval of M/S Andhra Pradesh Trade Promotion Corporation Limited (APTPC Ltd) as custodian of the specified premises at the International Air Cargo Complex to receive, store, examine and handle import and export air consignments under Section 45 of the Customs Act, 1962, subject to the Act, Handling of Cargo in Customs Area Regulations, 2009, bond terms and other laws; custodian obligations include 24/7 security, continuous Customs access, compliance with manifest, screening, Bill of Entry and export procedures and adherence to transshipment and SEZ filing rules.
Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017
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Refund of IGST on exports: guidance issued to streamline claim procedures and invite trade feedback on implementation.
Refund of IGST on export shipments is the central issue, with the notice communicating Board instructions to guide exporters, customs brokers and trade on the procedural administration and documentation for claiming IGST refunds at the port; trade is invited to report difficulties to the customs office for remedial action.
Amendment to Customs Valuation Rules – Notification No. 91/2017 (NT) dated 26.9.17
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Place of importation clarified for customs valuation, limiting inclusion to actual delivery costs to that location.
Amendment defines place of importation as the customs station where goods are cleared for home consumption or removed for warehouse deposit, and provides that transaction value includes costs incurred up to that place. Loading, unloading and handling charges will no longer be automatically added to CIF value; only charges actually incurred for delivery to the place of importation are includible. The Rules further clarify computation of freight and insurance when only combined FOB-plus values are known and exclude domestic transshipment costs from transaction value across different modes.
Discontinuation of High Seas Sale Registration Procedure at Import Noting Section of New Customs House, Mumbai
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High Seas Sale registration procedure discontinued; HSS details and documents now verified by proper officer during assessment and out of charge.
Prior registration of High Seas Sale agreements at the Import Noting Section is discontinued. Bills of Entry must state complete HSS buyer, seller and commission details and the documents listed in Facility Notice No. 05/2016 must be presented to the Proper Officer at the Assessment Group/Import Docks with prescribed fees. The Assistant/Deputy Commissioner will verify HSS particulars during assessment and, for RMS facilitated filings, before granting Out of Charge; authorised brokers must present details for multiple HSS agreements.
Issues related to Bond/Letter of Undertaking (LUT) FOR Export without payment of Integrated Goods & Service Tax (IGST)
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Export under Letter of Undertaking allowed in place of bond, subject to prosecution exclusions and compliance with bond requirements.
Exports without payment of integrated tax are permitted on furnishing a Letter of Undertaking valid for the financial year, except for persons prosecuted for offences where tax evaded exceeds the prescribed threshold; failure to pay tax and interest under rule 96A withdraws the facility until payment is made. Bonds remain mandatory for prosecuted persons and must be accompanied by a bank guarantee of 15% of the bond. Running bonds may be used to cover assessed export IGST liability, with the exporter responsible for maintaining entries and topping up the bond when insufficient. FORM GST RFD-11 is to be submitted (manually until portal functionality exists) and will be processed by the Assistant Commissioner within three working days if documents are in order.
Power delegation under MGST Act.(other than Registration and Composition) State tax officer.
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Delegation of Commissioner powers under MGST Act: State Tax Officers empowered to perform specified statutory functions under listed provisions.
The Commissioner delegates and assigns specified powers and duties under the Maharashtra Goods and Services Tax Act, 2017 to all State Tax Officers, enabling them to perform functions and act as proper officers for the particular sections listed in the Schedule; such powers are to be exercised within their jurisdiction and subject to conditions and restrictions the Commissioner may impose.
Power delegation under MGST Act.(other than Registration and Composition) Deputy commissioner of state tax.
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Power delegation under MGST Act: deputy commissioners authorised to exercise specified Commissioner powers within jurisdiction subject to conditions.
Delegation under the Maharashtra Goods and Services Tax Act, 2017 authorises Deputy Commissioners of State Tax to exercise specified powers and perform duties of the Commissioner as proper officer for listed sections and sub sections; these powers are exercisable within each Deputy Commissioner's jurisdiction and are subject to conditions and restrictions the Commissioner may impose.
Power delegation under MGST Act.(other than Registration and Composition)-Deputy commissioner of state tax.(Investigation).
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Investigation power delegation under MGST Act: designated deputy commissioners authorised to exercise section 67 investigative functions.
The Commissioner delegated to the listed Deputy Commissioners the functions and duties of a proper officer for the investigative provisions of section 67 (subsections (1), (2), (4), (5), proviso to (7), (11) and (12)) of the Maharashtra Goods and Services Tax Act, effective 1 July 2017, subject to conditions and restrictions and limited to the period the officer holds the specified post; the Schedule specifies posts and Mahavikas codes.
Power delegation under MGST Act.(other than Registration and Composition)-Assistant commissioner of state tax. (Investigation)
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Delegation of investigation powers under GST: specified officers authorised to perform investigative functions with supervisory conditions.
The Commissioner delegates, under statutory authority, investigative duties and functions to officers occupying the posts enumerated in Schedule II, assigning them the officer roles described in Schedule I in respect of the investigative provisions specified therein, effective from the order's commencement; exercise of these delegated powers is subject to conditions and restrictions the Commissioner may impose.
Power delegation under MGST Act.(other than Registration and Composition)-Special commissioner Additional Commissioner and Joint Commissioner.
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Delegation of Commissioner's powers in GST: subordinate officers authorised to act as proper officers within imposed limits.
The Commissioner delegates the powers and duties under the Maharashtra GST Act to the Special Commissioner, all Additional Commissioners and all Joint Commissioners with effect from 1 July 2017, and assigns them to function as proper officers within their respective jurisdictions subject to conditions and restrictions imposed by the Commissioner. Specific powers are excluded from delegation, namely the second proviso to sub section (1) of section 37, sub section (2) of section 38, sub section (6) of section 39, the proviso to sub section (3) of section 60, section 69, section 120, section 130, section 167 and section 168.
Power delegation under MGST Act.(other than Registration and Composition) Assistant commissioner of state tax.
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Power delegation under GST Act: Assistant Commissioners authorised to perform specified Commissioner functions and act as proper officers.
The Commissioner delegates and assigns specified powers and duties under the Goods and Services Tax Act to Assistant Commissioners of State Tax, authorising them to perform functions of proper officers in respect of the listed sections and sub sections; these powers are to be exercised within their jurisdiction and subject to conditions and restrictions the Commissioner may impose.
Non-compliance with the Minimum Public Shareholding (MPS) requirements
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Minimum public shareholding enforcement: exchanges to impose penalties and freeze promoter holdings until compliance is restored.
Non-compliance with the Minimum Public Shareholding requirements obliges recognised stock exchanges to issue notices and impose daily monetary penalties, direct depositories to freeze promoters' and promoter group shareholdings, and restrict promoters and directors from accepting new directorships in other listed entities until compliance. Persistent non-compliance escalates penalties and freezing of all securities in promoters' demat accounts; exchanges may also consider compulsory delisting. Upon satisfaction of compliance, exchanges must instruct depositories to unfreeze securities, lift restrictions, and publish compliance status.
Sub: Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017-reg.
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IGST refund on exports: compliance with EGM, GSTR 1 and return filing required; refunds credited after PFMS bank validation.
Refunds of IGST on exports require correct and timely filing of the Export General Manifest and accurate reporting of zero rated supplies in Table 6A of Form GSTR 1, with electronic matching to customs shipping bill data. A valid return in Form GSTR 3 or GSTR 3B is also required. Refunds are credited to the bank account registered with Customs and processed via PFMS subject to account validation; exporters should reconcile Customs and GST bank details. Refunds are withheld if exports contravene the Customs Act, and separate guidance for manual shipping bills will follow.
Sub:- Digitization of disbursement of Drawback claims at JNCH, NhavaSheva; Creating electronic database of all drawback claims optional procedure – Reg.
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Digitization of drawback claims: optional electronic submission and centralized database to expedite acknowledgments and record access.
Applicants may optionally submit a single scanned .pdf of the entire drawback claim and supporting documents to an authorized officer, who will copy it and return the storage device. The Drawback Section will maintain an electronic database with receipt, applicant, tax identifier, amount, date, and officer-acknowledgement fields; the .pdf must be hyperlinked to the receipt entry. Weekly backups and a Standard Operating Procedure are required to secure the database, which will facilitate acknowledgments, document retrieval, and interdepartmental access.
GST- Submission of Letter of Undertaking by the Exporter in respect of Exports without payment of Integrated Tax under the IGST Act — Further Clarification- Issued.
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Letter of Undertaking for zero-rated exports extended to all registered exporters with procedural and security conditions enforced.
The facility to export without payment of integrated tax under a Letter of Undertaking is extended to all registered persons subject to exclusions for prosecuted persons beyond the specified tax-evasion threshold, with LUT valid for the financial year but deemed withdrawn if exports are not completed in the time under rule 96A(1) unless tax is paid. LUT/Bond submission procedures, three-working-day deemed acceptance, requirement of bank guarantee with bonds, use of running bonds to cover estimated IGST liabilities, sealing supervision, absence of CT-1, treatment of EOUs and Tamil Nadu jurisdictional arrangements for acceptance are specified.
Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports
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Export under LUT extended to all registered exporters, with processing, bond and verification safeguards clarified.
Facility to export under a Letter of Undertaking (LUT) is extended to all registered persons except certain prosecuted taxpayers; the LUT is valid for the financial year tendered and may be withdrawn if export timelines or payment conditions are not met but can be restored on payment. Self-declaration is acceptable with post-facto verification, LUT/bond must be processed within three working days or deemed accepted, bonds require bank guarantees in specified prosecuted cases, running bonds must cover self-assessed integrated tax liabilities, and jurisdictional Deputy/Assistant Commissioners accept LUT/bond filings.
Customs - The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRS) of Drawback related changes
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Drawback Rules reform limits drawback to Customs and excise duty incidence, revises AIRS and discontinues composite rates.
Changes to the Drawback Rules and AIRS limit drawback to the incidence of Customs duty on imported inputs and remnant Central Excise duty on certain petroleum products, exclude integrated tax and compensation cess, discontinue composite rates, and require tariff-item suffixes for claiming general and alternative AIRs. Provisional drawback payments may be authorized equivalent to applicable AIRs subject to claim conditions; previously fixed brand rates will not apply for exports from the rules' commencement and exporters must reapply for brand-rate fixation where necessary.

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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 FORM GST TRAN-1 submission grants additional period for filing under transitional rule.
The Commissioner of GST, exercising powers under the Delhi Goods and Services Tax Rules read with the Act and on the recommendations of the Council and in ... Summary

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Acts Income Tax