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Circulars
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20/2018 - 17-09-2018 GST - States
Clarification on taxability of custom milling of paddy
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Taxability of custom milling: milling of paddy treated as taxable job work with reduced GST on processing charges.
Milling of harvested paddy into rice is not an intermediate production process linked to cultivation and thus does not qualify for the agricultural-produce job-work exemption; milling performed as job work is a taxable service and the applicable reduced GST rate applies to the processing charges only, not to the entire value of the rice.
19/2018 - 17-09-2018 GST - States
Clarification of unutilised input tax credit of GST paid on inputs in respect of exports of fabrics.
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Refund of unutilised input tax credit affirmed for fabric exports, excluding capital goods, subject to refund procedure.
A manufacturer-exporter of fabrics is entitled to refund of unutilised input tax credit on inputs used in manufacture and export because the statutory restriction in the notified provision does not apply to zero-rated supplies (exports or supplies to SEZs); input tax credit on capital goods is excluded and the refund claim remains subject to the procedural provisos of the refund provision.
18/2018 - 17-09-2018 GST - States
Clarifications regarding applicability of GST and availability of ITC in respect of certain services.
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Exemption for warehousing agricultural produce clarified: processed products excluded, GST applies to their storage and handling.
Clarifies that agricultural produce for the nil-rate exemption means unprocessed produce whose essential characteristics are not altered; processed products such as black tea, processed coffee, dehusked pulses, jaggery and processed nuts are excluded and their warehousing and related services are taxable. It further confirms that supplies between related or distinct persons are taxable and that input tax credit on aircraft engines, parts and accessories may be used to discharge GST on inter state stock transfers. Finally, it explains exemptions for government financed general insurance schemes and government provided general insurance services to individuals.
17/2018 - 17-09-2018 GST - States
Procedure regarding procurement of supplies of goods from DTA by Export Oriented Unit (EOU) / Electronic Hardware Technology Park (EHTP) Unit / Software Technology Park (STP) Unit / Bio-Technology Parks (BTP) Unit under deemed export benefits under section 147 of CGST Act, 2017.
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Supplies to EOUs treated as deemed exports with prescribed intimation, invoicing and digital record rules for refund claims.
Supplies to EOUs/EHTP/STP/BTP units are treated as deemed exports, enabling refund of tax paid to either supplier or recipient; endorsed tax invoices serve as proof. Recipients must give prior intimation in Form-A, suppliers issue tax invoices, and recipients endorse and circulate endorsed invoices to supplier and relevant officers. Recipients must maintain digital records per Form-B with audit trail and submit a monthly digital copy to the jurisdictional GST officer; these measures supplement Foreign Trade Policy and duty exemption conditions.
16/2018 - 17-09-2018 GST - States
Clarification on Unstitched Salwar Suits.
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GST classification of unstitched fabric pieces preserved; cutting and packing do not change taxable character under goods law.
Fabric sold as cut pieces retains its character as fabric and remains classifiable under the applicable fabric headings; mere cutting and packing into lengths does not convert the goods into readymade apparel or change their GST treatment, and unutilised input tax credit in that context is not refundable.
15/2018 - 17-09-2018 GST - States
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 applies to the net quantity used for LAB; returned SKO taxed only if supplied to others.
GST is payable by the refinery only on the net quantity of superior kerosene oil (SKO) retained for manufacture of Linear Alkyl Benzene (LAB). Returned SKO does not attract GST in the return transaction between the refinery and LAB manufacturer, but the refinery must pay GST on that returned quantity if it later supplies it to any other person. This clarification is effective from 26.10.2017.
14/2018 - 17-09-2018 GST - States
Clarification on taxability of printing contracts.
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Principal supply determination: printing with supplier-provided physical inputs treated as goods, while printer-provided inputs yield service classification.
Clarification applies the principal supply test to printing contracts: where the printer supplies physical inputs and the recipient supplies only content, printing is the predominant element and treated as supply of services; where the printed items are goods and physical inputs belong to the supplier, the predominant supply is of goods and printing is ancillary, hence treated as supply of goods.
Modification of the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances, as clarified in CCT Circular No. GST-02/2018-19 dated 16.04.2018
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Interception and detention rules: limited seizure for consignments with minor e-way bill discrepancies; penalties and reporting mandated.
Clarifies interception and detention procedures under the Karnataka GST framework: replace "three working days" with "three days"; revise FORM GST MOV-05 release wording; allow hard-copy FORMS as proof of action when portal FORMS are unavailable; confine detention/confiscation only to goods or conveyances where a violation of the GST Acts or Rules is established. Specifies that Section 129 proceedings need not be initiated for consignments accompanied by invoice and a valid e-way bill where only minor e-way bill discrepancies exist, and prescribes fixed penalty treatment and weekly reporting requirements in such cases.
Charging of Fees for REX Registration — reg.
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REX registration free: exporters must not be charged and DEL status does not bar registration for EU GSP preference.
REX registration permits exporters to self certify origin for EU GSP preferential tariffs. DGFT reiterates REX registration is free; agencies must not charge exporters, in accordance with Public Notice No. 51. Regional and Local Authorities should register applicants for REX even if they are under DEL, because REX enrollment is an administrative facilitation to access EU GSP preferences rather than a benefit under the Foreign Trade Policy.
Revised instruction for stuffing and sealing of reefer containers
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Supervised stuffing of reefer containers permitted with Customs supervision and RFID sealing to protect temperature sensitive exports.
Permits supervised factory stuffing and sealing of reefer containers with perishable or temperature sensitive exports where sterile temperature controlled examination is unavailable: exporters apply to the jurisdictional Commissioner, who may grant continuing permission and notify RMCC; requests must be made at least 24 hours prior, officers will supervise stuffing and sealing with RFID e seals and exporters must upload seal data; RMCC will be furnished monthly exporter wise container details for verification and discrepancies may trigger review of permission.
Voting in the Committee of Creditors
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Voting rights in the committee of creditors depend on admitted claims; non-members have no voting or dissent status.
The Code and Regulations provide that only financial creditors whose claims have been admitted by the Interim Resolution Professional and included as members of the Committee of Creditors possess voting rights; voting shares are assigned based on admitted claims, inclusion after constitution does not invalidate prior CoC decisions, and non-members cannot be treated as having voted against or abstained from voting.
Guidelines to maintain confidentiality of information provided by FIU-IND
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Confidentiality of FIU information must be maintained; source cannot be disclosed and communications routed through nodal officer.
Information from FIU-IND must be maintained with strict confidentiality; the source must not be disclosed and all communications to FIU-IND must be routed through the CBDT Nodal Officer. Dissemination is on a need-to-know basis, information shall not be transferred to third parties without consent, and information received from FIU-IND will not be used as evidence in departmental or judicial proceedings.
Guidelines for Deductions and Deposits of TDS by the DDO under GST
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Tax Deduction at Source under GST: two authorized deposit procedures for DDOs, with portal reconciliation and monthly returns.
Section 51 requires Government deductors to withhold tax on specified supplies, register on the GST portal, remit deducted tax via CPIN using NEFT/RTGS or OTC to generate a CIN credited to the DDO's electronic cash ledger, file monthly return in FORM GSTR-7 and issue FORM GSTR-7A. Two payment processes are authorised: individual bill-wise challan generation for each payment, or bunching deductions into a suspense sub head with periodic CPIN-based deposit; in both cases DDOs must maintain prescribed records to reconcile deductions to deposits.
Modification of the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances, as clarified in Circular Nos. 41/15/2018-GST dated 13.04.2018 and 49/23/2018-GST dated 21.06.2018 - regarding
Show AI Summary
Interception of conveyances: limited clerical e-way bill errors avoid seizure and attract nominal penalties and reporting instead.
The circular clarifies interception and detention rules: specified documents and a valid e-way bill are required for goods in movement; absence permits detention and seizure. If consignments carry invoices and a valid e-way bill, limited clerical discrepancies (name spellings with correct GSTIN, minor PIN or locality errors not affecting validity, small document or vehicle number mistakes, limited HSN digit differences with correct tax rate) should not attract detention proceedings. In those cases a nominal penalty must be imposed for each consignment and officers must report weekly consignments exempted from detention.
Clarification regarding processing of refund claims filed by UIN entities – regarding
Show AI Summary
Refund eligibility under reciprocity: UIN entities must furnish prescribed certificates, undertakings and attested invoice statements for GST refunds.
The circular clarifies that GST refund entitlement for UIN entities is governed by the principle of reciprocity and must be verified against letters issued by the Ministry of External Affairs. It prescribes mandatory documentation and standardized formats - including a Refund Checklist, Certificates, Undertakings, and a Statement of Invoices - requires attested copies of invoices lacking UIN, mandates submission of Protocol Division Prior Permission for vehicle refunds, and provides for a one time waiver for invoices without recorded UIN subject to attestation and a revised monthly reporting format.
Simplification and rationalization of AEO-T1 Application - reg.
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Authorized Economic Operator AEO-T1 application simplification: mandatory new annexures and zonal processing; prior applications optional.
All new AEO-T1 applications must be filed using Annexure 1, Annexure 2 and the prescribed Declaration, replacing earlier annexures; these forms are mandatory immediately. Accreditation processing is decentralized: Zonal AEO Cells will file and process applications and the Zonal AEO Programme Manager will make the final acceptance or rejection, with accepted applicants' details forwarded to the Directorate for certificate generation. For applications already submitted, the Zonal AEO Programme Manager may allow processing under the earlier annexures or require the new forms; applicants may submit revised annexures or address issued deficiency memos.
'To do list for SCOMET Policy/Procedure' for feedback/inputs from industry for simplification of licensing procedure of SCOMET items - regarding
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SCOMET licensing centralisation announced, with industry invited to submit feedback via shared spreadsheet for procedural simplification.
DGFT centralises SCOMET licence administration and maintains live status of licence applications online; it has published a publicly accessible Google spreadsheet 'To do list for SCOMET Policy/Procedure' for industry to record outstanding issues and submit new suggestions. Stakeholders including EPCs, exporters and regional authorities may add entries; DGFT will consider submissions and update the status of actions taken to simplify licensing procedures.
Grant of Self Sealing permission to the Exporters/Traders in GST regime
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Self sealing permission under GST requires standardized documentation and customs verification prior to approval by jurisdictional authorities.
Grant of self sealing permission under the GST regime requires exporters/traders to submit a prescribed application and supporting documents-including GST registration, export modality (IGST or Bond/LUT), copy of LUT or acceptance, recent GST return, PAN and Aadhaar of principals, IEC, memorandum, commodity HS code and IGST rate, and premises address for stuffing and sealing-to the jurisdictional Customs Circle, which must conduct on site inspection and verification of premises viability before considering permission.
Safeguard duty on Solar cells whether or not assembled in modules or panels - regarding
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Safeguard duty on solar cells: provisional assessment withdrawn and duties to be assessed and collected under notification.
The Instruction permitting provisional assessment and non insistence on payment of safeguard duty on solar cells (Instruction No. 12/2018) is withdrawn; all provisional assessments must be finalised and the safeguard duty assessed and collected in accordance with Notification No. 1/2018 Customs (SG), and any difficulties reported to the Board.
Levi of gst on priority sector lending certificates
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GST liability on PSLC trading clarified under forward charge with seller bank paying tax at the applicable rate.
GST liability on trading of Priority Sector Lending Certificates (PSLCs) for the period from 01.07.2017 to 27.05.2018 was clarified as payable by the seller bank under the forward charge mechanism, and such supply was stated to attract GST at the rate of 12 percent. The communication forwards the CBIC clarification, approved by the GST Council Implementation Committee, for necessary action by field authorities.

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Refund of IGST on exports: EPCG recipients may claim refunds while portal rules govern rectified applications under original ARNs.
When a deficiency memo in FORM GST RFD-03 is issued, taxpayers must submit the rectified refund application under the original ARN because the portal ... Summary

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Acts Income Tax