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Circulars
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Explanatory Notes to the Provisions of the Finance Act, 2017
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Income-tax amendments: Finance Act 2017 consolidates rates and reforms capital gains, transfer pricing, TDS and compliance.
Income-tax rates and surcharge structure are specified for various categories of taxpayers and withholding; capital gains, transfer pricing and valuation rules are amended to provide tax-neutral conversions, FMV deeming in certain share transfers, revised base year for indexation, and special computation for joint development agreements; anti-avoidance measures include secondary transfer pricing adjustments and an interest deduction limitation for related-party debt; TDS/TCS regimes expanded and simplified; cash transaction restrictions, charity corpus donation rules and procedural reforms on assessment timelines, returns, Aadhaar quoting and advance rulings are introduced or clarified.
Proper Officer under Sections 73 and 74 of the Central Goods and Services Tax Act, 2017 and under the Integrated Goods and Services Tax Act, 2017
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Proper officer assignment expanded: Superintendents authorised to issue show cause notices under recovery provisions and monetary tiers set.
Superintendents of Central Tax are empowered to issue show cause notices and orders under specified sub sections of sections 73 and 74 of the CGST Act; officers up to Additional/Joint Commissioner are designated as proper officers for issuance of such notices and orders, with corresponding application to the IGST Act. Monetary limits for issuance and adjudication are prescribed for Superintendent, Deputy/Assistant Commissioner and Additional/Joint Commissioner levels. Audit Commissionerates and DGGSTI may only issue show cause notices, which must be adjudicated by the Competent Central Tax officer of the Executive Commissionerate where the notice is registered, with special adjudication rules for multi jurisdictional and high value DGGSTI cases.
Proper officer under Section 73 & 74 of the CGST & IGST Act,2017
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Proper officers and monetary limits defined for issuing and adjudicating GST show cause notices and orders.
Superintendents of Central Tax are empowered to issue show cause notices and pass orders under specified sub sections of Section 74; officers up to Additional/Joint Commissioner are assigned as proper officers for issuance of show cause notices and orders under specified sub sections of Sections 73 and 74 of the CGST Act, with corresponding application to the IGST Act. Monetary limits are prescribed for each officer grade for central tax, integrated tax and combined amounts. Audit Commissionerates and DGGSTI may only issue notices; adjudication is by the competent Executive Commissionerate officer, with special arrangements for multi jurisdictional and high value cases.
Procedure for movement of containerized import cargo form Port Terminal to different Container Freight Stations (CFSs) under Kolkata (Port) - Implementation of CFS and Gate Module under ICES Version 1.5.
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Container freight station gate module implementation is deferred while Form-II controls continue for port-terminal cargo movement to CFSs.
Implementation of the Container Freight Station Gate Module under ICES Version 1.5 for movement of containerized import cargo is deferred because CFS registration of TR bonds and one-time authorisations remain incomplete. Pending resolution of the inability to generate gate passes for truck movement from the terminal to CFSs, the existing Form-II procedure continues. Preventive Officers must endorse truck, container, seal and gate-pass details, together with date and time, in Form-II.
Customs - Constitution of Drawback Cell at Hqrs. Office, Customs Commissionerate (Preventive), Vijayawada for processing of applications for fixation of Brand rate of drawback and disbursal of the drawback claim
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Drawback Cell established to process fixation of brand rates and disbursal of drawback claims efficiently.
Constitution of a Drawback Cell at the Headquarters Office, Customs Commissionerate (Preventive), Vijayawada to process exporters' applications under the Customs and Central Excise Duties Drawback Rules, 2017 for fixation of brand rates and disbursal of drawback claims, with designated officers, specified contact details for submission, and directions treating the Public Notice as a standing order for implementation.
ICES Advisory 01/2019- Mandatory Declaration of Standard UQC in Bills of Entry
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Standard unit quantity code requirement: Bills of Entry must include SQC details or submission will be blocked.
Mandatory declaration of Standard UQC (SQC) is required in the Single Window Table for Bills of Entry. Info_Type must be CHR and Info_QFR SQC; Info_MSR must state the quantity in the Standard UQC and Info_UQC must specify the actual unit to be validated against the Tariff Code directory in ICES. Even where commercial UQC and SQC coincide, the SQC and its quantity must be separately declared. Bills of Entry cannot be submitted unless these SQC details are provided.
Power Delegation to Appellate Authority
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Power delegation to appellate authority assigns appellate functions to designated commissioners, subject to jurisdictional limits.
Power delegation under the State Goods and Services Tax Act designates Additional Commissioner, Joint Commissioner (Appeals) and Deputy Commissioner (Appeals) as the appellate authority for the specified appeals provision; these functions are assigned pursuant to statutory delegation and are to be exercised only within the officers' territorial jurisdiction unless specific jurisdiction is indicated in the Schedule.
Amending Order for Power Delegation
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Proper officer designation altered: specified entry removed from Schedule A under Gujarat GST Act by Commissioner's order.
The Commissioner of State Tax, Gujarat, amends Office Order No. GSL/S.5(1)/B.1 (23 June 2017) under the Gujarat Goods and Services Tax Act by deleting the entry at serial No.85 in Schedule A, exercising statutory powers to specify proper officers under the Act and related rules.
ICES Advisory 01/2019-Mandatory Declaration f Standard UQC in Bills of Entry
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Standard Unit Quantity Code requirement: Bills of Entry must include validated SQC entries or submission will be blocked.
Mandatory declaration requiring inclusion of the Standard UQC (SQC) in the Single Window Table of the Bill of Entry, using Info_Type = CHR and Info_QFR = SQC; Info_MSR must carry the quantity in the Standard UQC and Info_UQC the SQC code, which will be validated against the Tariff Code directory in ICES. Even if identical to the commercial UQC, the SQC must be separately declared with quantity. Submission of Bills of Entry will be blocked unless SQC details are provided.
Extending eSANCHlT application on all EDI locations
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Electronic supporting-document filing extended voluntarily to all EDI locations; users must develop capability and prepare for mandate.
The eSANCHlT application for electronic uploading of digitally signed supporting documents is extended to all EDI locations on a voluntary basis; Customs brokers and ICEGATE self filers must develop capability to use eSANCHlT per Circular No. 40/2017 and undertake outreach to unprepared brokers, with procedural guidance and FAQs available on the ICEGATE eSANCHlT webpage and problems to be reported to the Commissionerate.
Specifies conditions and safeguards for furnishing a Letter of Undertaking in place of a Bond by a registered person who intends to supply goods or services for export without payment of integrated tax.
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Letter of Undertaking for export without integrated tax permitted, subject to eligibility, execution and payment conditions.
Allows registered persons to furnish a Letter of Undertaking in place of a bond for exports without payment of integrated tax, except those prosecuted for offences where tax evasion exceeds two hundred and fifty lakh rupees; the LUT must be on the registrant's letterhead, in duplicate, for a financial year using the annexure to FORM GST RFD-11 and executed by specified authorised persons. Failure to pay tax with interest within the prescribed period withdraws the export without tax facility, which is restored upon payment. The provisions apply mutatis mutandis to zero rated supplies to SEZ developers and units.
Quarterly Submission of the Tax Assessment Orders passed by the Deputy Commissioner/Assistant Commissioner/Commercial Tax Officer by the Commercial Tax Department for Review
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Quarterly review of tax assessment orders strengthens scrutiny of under-assessment, legal irregularities, and revenue-sensitive cases.
Quarterly review of assessment orders passed by Deputy Commissioners, Assistant Commissioners and Commercial Tax Officers is directed to improve the quality of assessment under the Uttar Pradesh Commercial Tax/GST administration. The Joint Commissioner (Executive) must examine five orders each quarter, send review remarks to headquarters, and ensure legal action where irregularities or adverse facts are noticed. The circular also requires submission of the best and worst assessment orders of each quarter to headquarters by the 15th day of the following month. Zonal Additional Commissioners must supervise the review process and forward cases involving under-assessment, revenue loss, or important legal issues.
Regarding receipt of Statutory Forms by ward officers
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Acceptance of statutory forms must be allowed without prior appointment under policy, enabling timely refund processing.
Ward officers must accept original statutory forms from dealers or authorised representatives without prior appointment, issue a proper receipt upon submission, and process pending refund cases and other matters in accordance with law and departmental procedure; failure to comply will be treated as a serious administrative lapse.
Extending eSANCHIT application on all EDI Locations
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eSANCHIT electronic document submission extended to all EDI locations on a voluntary basis, traders urged to prepare.
Extension of the eSANCHIT application makes electronic uploading of supporting documents available at all EDI locations on a voluntary basis, while requiring Customs brokers and self filers (ICEGATE users) to develop capability for its use in anticipation of mandatory adoption. Published step by step procedures and FAQs on ICEGATE explain uploading with digital signatures, outreach programs will assist non adopters, and stakeholders are invited to report difficulties to the Commissioner's office.
The Tripura State Goods and Services Tax Act, 2017 — Instructions related to furnishing of Bond/Letter of Undertaking (LUT) for exports without payment of Integrated Tax.
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Exports without payment of integrated tax: LUT/Bond may be furnished; manual submission accepted; bank guarantee required.
Exports as zero-rated supplies may proceed without integrated tax by furnishing Form GST RFD-11 (Bond or LUT) to the jurisdictional Superintendent before export; a Bond must be secured by a bank guarantee and all submissions must be recorded at office level. Manual filing is permitted until the common portal is available, and Superintendents must adhere to central notifications and circulars governing conditions, safeguards and timelines that trigger tax liability with interest if export or foreign exchange receipt does not occur within prescribed periods.
Conduct of Assessment Proceedings in scrutiny cases electronically- regd.
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Electronic proceedings: Scrutiny assessments to be conducted via e proceeding with defined exceptions and procedural safeguards.
Mandate that scrutiny assessments be conducted via the E Proceeding facility on ITBA/E filing, with electronic issuance and digital signing of notices and communications, online verification of responses, office hours compliance for filings, automatic e submission closure before time bar dates, and discretionary reopening in exceptional cases. Exceptions permit temporary manual handling at limited bandwidth stations and in specified situations requiring manual examination or personal hearing; case records and note sheets should be maintained electronically where possible.
CBDT directs that Principal Director General of Income-tax (Systems), New Delhi (Pr. DGIT(Systems)) shall be the specified authority for furnishing the information to the Chief Executive Officer, Government e Marketplace (GeM)
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Information sharing for seller verification: income-tax systems to furnish PAN, balance sheets and director details to GeM.
CBDT designates the Principal Director General of Income-tax (Systems) as the specified authority to furnish PAN data, the latest three years' balance sheets, key directors' details and any further information necessary for verification of sellers to GeM, permitting online verification where enabled; information is restricted to GeM's internal use. A Memorandum of Understanding between Pr. DGIT(Systems) and GeM shall govern data transfer mode, confidentiality, secure preservation, weeding and the frequency and timelines for furnishing information.
Issuance of Manually Printed Central Forms for Pre-Closure Transactions of Closed Firms (CST Forms E-1, E-2, F, H, I)
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Manual issuance of Central Sales Tax forms allowed for closed firms' pre-closure transactions when online generation fails.
Manual issuance of printed Central Sales Tax forms was permitted for pre-closure transactions of closed firms where online generation was not possible. The facility covered the remaining CST forms E-1, E-2, F, H and I, with assessing offices directed to issue the forms for eligible closed firms and to immediately report such issuances to headquarters. The circular also noted that the facility had already been available for traders below the prescribed turnover level.
Clarifications regarding GST in respect of certain services
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GST treatment of healthcare, hostel stays, recreational rides, equipment rentals and cost petroleum is clarified for specified services.
GST clarifications treat qualifying low-tariff hostel accommodation as exempt, while litigant fees, penalties and payments involving Consumer Disputes Redressal Commissions are outside GST. Elephant and camel joy rides are taxable as recreational services, and rental of self-propelled access equipment follows the rate applicable to like goods. Healthcare services, including qualifying professional services, hospital retention amounts and medically advised in-patient food, are exempt. Cost petroleum is not consideration for services to the Government, though it may indicate the value of services supplied by an operating member to a joint venture.
Clarifications regarding GST in respect of certain services
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GST classification of services: clarifies exemptions and applicable rates for hostel accommodation, tribunals, recreational rides, rentals, hospitals, and petroleum.
Clarifies GST treatment: hostel accommodation by trusts is not charitable, but hostel lodging below the declared tariff threshold is exempt; fees and penalties of Consumer Disputes Redressal Commissions are not taxable supplies; joy rides (elephant/camel/boat/rickshaw) are not passenger transport and attract the recreational service rate; rental of like goods is taxed at the same rate as supply of like goods with import IGST credit available; healthcare services by clinical establishments and practitioners are exempt including composite inpatient food; cost petroleum is not consideration for services to the government though it may indicate the value of services within a joint venture.

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Clarification on refund of unutilized input tax credit of GST paid on inputs in respect of exporters of fabrics.

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Refund of unutilised input tax credit for fabric exporters clarified; exports and SEZ supplies not subject to the restriction.
A manufacturer exporting fabrics is entitled to refund of unutilised input tax credit on inputs used in manufacture of exported fabrics, since the ... Summary

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Acts Income Tax