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    Clarifications of certain issues under GST like car servicing, keeping of books of accounts in case of auction of tea etc.
    Clarifications on refund related issues
    Customs procedure for export of cargo in containers and closed bodied trucks from ICDs/CFSs through Land Customs Stations (LCSs) - Reg.
    Issue related to taxability of ‘tenancy rights’ under GST.
    Setting up of an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal.
    Clarification on issues related to Job Work.
    Joint Venture ---taxable services provided by the members of the Joint Venture (JV) to the JV and vice versa and inter se between the members of the J...
    Clarifications regarding GST in respect of certain services.
    Invitation of application for the written examination under regulation 6 of the CBLR 2018 to be held on 18.01.2019: reg.
    Clarifications regarding GST in respect of certain services.
    Clarification on supplies made to the Indian Railways classifiable under any chapter, other than Chapter 86.
    Clarification regarding applicability of GST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene a...
    Clarifications regarding levy of GST on accommodation services, betting and gambling in casinos, horse racing, admission to cinema, homestays, printin...
    Filing of Returns under GST.
    Clarification on Inter-state movement of rigs, tools and spares, and all goods on wheels [like cranes]
    Issue related to classification and GST rate on Terracotta idols.
    Clarification on taxability of custom milling of paddy
    Clarification of unutilised input tax credit of GST paid on inputs in respect of exports of fabrics.
    Clarifications regarding applicability of GST and availability of ITC in respect of certain services.
    Procedure regarding procurement of supplies of goods from DTA by Export Oriented Unit (EOU) / Electronic Hardware Technology Park (EHTP) Unit / Softwa...
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34/2018 - 17-09-2018 GST - States
Clarifications of certain issues under GST like car servicing, keeping of books of accounts in case of auction of tea etc.
Show AI Summary
E way bill requirement: rail deliveries and inter state transit demand e way bill production at delivery.
Provision of moulds/dies by an OEM to an unrelated component manufacturer free of cost is not a supply and requires no reversal of input tax credit nor inclusion in the component's transaction value; if contracts envisage use of component owner moulds but OEM supplies them FOC, amortised cost must be included and credit reversed. Separately invoiced goods and labour in car servicing are taxed at respective rates. For auctions, warehouses may be additional places of business, books may be centralized with notification, and input tax credit is available subject to conditions. Rail delivery requires production of an e way bill; transit through another State mandates an e way bill, while certain intra State DTA SEZ movements are exempt under the rules.
33/2018 - 17-09-2018 GST - States
Clarifications on refund related issues
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Refund eligibility for GST: clarifications on filing returns, export refunds, compensation cess credit and restrictions on supplier benefits.
Input Service Distributors, composition taxpayers and non-resident taxable persons may claim refunds without furnishing FORM GSTR-1 or FORM GSTR-3B; their respective returns (GSTR-6, GSTR-4, GSTR-5) suffice. Exporters who misdeclared zero-rated supplies for specified tax periods may claim integrated tax/cess refund subject to aggregate limits across GSTR-3B columns. Unutilized compensation cess credit on inputs is refundable for zero-rated supplies under bond or LUT even if final product is not cessable, though such cess credit cannot be used to pay integrated tax. Bond or LUT is not required for export of exempt or non-GST goods, and the restriction on using credits where suppliers availed specified notifications applies only to direct procurements from such suppliers.
Customs procedure for export of cargo in containers and closed bodied trucks from ICDs/CFSs through Land Customs Stations (LCSs) - Reg.
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Customs export procedure expansion: ICDs/CFSs allowed to trans ship sealed container and closed truck consignments via designated land border points.
Customs procedure expanded to allow export of cargo in containers and closed bodied trucks from all ICDs and specified CFSs to transit through designated LCSs under the ECTS framework, including enumerated road border crossings and two rail border points for container export to Bangladesh; Circular No. 52/2017 is modified and CFS designation rests with the Chief Commissioner of Customs, Kolkata.
32/2018 - 17-09-2018 GST - States
Issue related to taxability of ‘tenancy rights’ under GST.
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Transfer of tenancy rights taxable under GST, while grants of residential tenancy for residence remain exempt.
Transfer of tenancy rights for consideration in the form of a tenancy premium is a supply of services liable to GST as a form of lease or tenancy under Schedule II; stamp duty or registration requirements do not exclude such transfers from GST. Grants of tenancy in a residential dwelling for use as residence are exempt under the State notification, but surrender of tenancy rights by an outgoing tenant for a portion of the premium is taxable.
31/2018 - 17-09-2018 GST - States
Setting up of an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal.
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IT grievance redressal mechanism enables relief and fee waivers for taxpayers impeded from filing by portal glitches.
An IT grievance redressal mechanism addresses widespread GST Portal failures by having GSTN and appointed nodal officers collect taxpayer applications with evidence of bona fide attempts. GSTN identifies systemic issues and forwards proposals to the GST Implementation Committee acting as the IT Grievance Redressal Committee, which examines, approves remedial steps, directs implementation, and may recommend waiver of fines or penalties. The mechanism permits completion of transitional credit filings stuck due to digital authentication glitches, requires GSTN communication with affected taxpayers, and prescribes internal timelines for rectification.
30/2018 - 17-09-2018 GST - States
Clarification on issues related to Job Work.
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Job work treatment of principal's goods: tax-neutral dispatch permitted but deemed supply arises if not returned or supplied timely.
A registered principal may send inputs and capital goods to a job worker without payment of tax and must ensure such goods are returned or supplied within one year for inputs and three years for capital goods; failure to comply results in a deemed supply by the principal from the date the goods were sent. The principal must maintain records, issue challans, declare details in FORM GST ITC-04, and comply with invoicing and e-waybill rules where applicable.
29/2018 - 17-09-2018 GST - States
Joint Venture ---taxable services provided by the members of the Joint Venture (JV) to the JV and vice versa and inter se between the members of the JV.
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Taxability of cash calls: determine whether contributions are capital or consideration for services to attract GST.
Taxability of services between an unincorporated JV and its members depends on whether cash calls and recoveries constitute consideration for a supply under the WBGST Act. Cash calls that are mere capital contributions for acquisition of JV assets are not supplies, whereas recoveries by an operating member for use of its equipment or services rendered to the JV or other members constitute consideration and are taxable. Determination requires case-specific examination of JV agreements; earlier service-tax guidance applies to GST. Effective from 05.03.2018.
28/2018 - 17-09-2018 GST - States
Clarifications regarding GST in respect of certain services.
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Composite supply classification: principal supply determines GST treatment; electricity transmission exempt while other DISCOM services taxable.
Classification of composite supplies depends on identifying the principal supply; bus body building involves both goods and services and is classified case-by-case. Retreading predominately constitutes a service with rubber ancillary, but supply of retreaded tyres by the supplier using its own old tyres is a supply of goods. Transmission or distribution of electricity by utilities is exempt, while other DISCOM services to consumers are taxable. Government guarantees to businesses for loans, including guarantee commission, are taxable. The circular is effective from the stated commencement date.
Invitation of application for the written examination under regulation 6 of the CBLR 2018 to be held on 18.01.2019: reg.
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Customs Broker examination applications invited for written exam 18 Jan 2019; eligibility and documentation requirements stated.
Applications for the Customs Broker Examination under CBLR, 2018 for Ahmedabad must be submitted in Form A between 15 Oct and 16 Nov 2018; written exam on 18 Jan 2019. Applicants must meet Regulation 5 eligibility (citizenship, sound mind, solvency, no insolvency or criminal conviction, specified qualifications or retired Group A service) and submit Annexure-III documents including bank solvency certificate of Rs.5,00,000; incomplete applications will be rejected and successful written-exam candidates must pass a subsequent oral exam within two years.
27/2018 - 17-09-2018 GST - States
Clarifications regarding GST in respect of certain services.
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GST treatment of services clarified: exemptions for certain accommodation, tribunals, healthcare and rental classifications affirmed.
Hostel accommodation by trusts is not charitable activity but accommodation with declared tariff below one thousand rupees per day is exempt; fees and penalties collected by Consumer Disputes Redressal Commissions are not leviable to GST as their proceedings are judicial; elephant and camel joy rides are not transport services and attract GST at the recreational rate with threshold exemption; rental of self propelled access equipment is taxed at the rate applicable to like goods with import IGST credit available; healthcare services and related charges by hospitals are exempt as composite healthcare supplies; cost petroleum is not taxable per se but may indicate value of services within a joint venture.
26/2018 - 17-09-2018 GST - States
Clarification on supplies made to the Indian Railways classifiable under any chapter, other than Chapter 86.
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GST treatment of railway supplies: goods under Chapter 86 attract concessional rate with no ITC refund; other goods bear general rates.
Only goods classifiable under Chapter 86 supplied to the Indian Railways attract the concessional 5% GST rate with no refund of unutilised input tax credit; other goods supplied to the Railways attract the general applicable GST rates under the State Tax (Rate) notifications, effective from 25 January 2018.
25/2018 - 17-09-2018 GST - States
Clarification regarding applicability of GST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol.
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GST on retained feedstock payable by refinery; returned quantities taxable when re-supplied to other persons.
GST on continuous pipeline supplies of Liquefied Petroleum Gas and Polybutylene feedstock is payable by the refinery only on the net quantity retained by the manufacturer for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol; returned quantities are not taxed in that transaction but will attract GST when the refinery supplies them to any other person.
24/2018 - 17-09-2018 GST - States
Clarifications regarding levy of GST on accommodation services, betting and gambling in casinos, horse racing, admission to cinema, homestays, printing, legal services etc.
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GST on accommodation services: declared tariff sets rate slab, tax charged on actual transaction value collected.
GST is payable on the actual amount charged for accommodation services while the declared tariff determines the rate slab; the declared tariff published or displayed (highest if multiple) fixes rate determination, but tax is levied on the transaction value actually collected. Casino admission and gambling are distinct services taxable at the higher recreational rate on full transaction or bet value. Homestays below the turnover threshold using electronic commerce operators need not register; hospital in-patient room rent is exempt; bakery food services fall under composition; books sold by a rights-owning supplier are goods; and legal services to businesses attract reverse charge.
23/2018 - 17-09-2018 GST - States
Filing of Returns under GST.
Show AI Summary
GST return filing periodicity defined with edit facility and reconciliation procedures for correcting GSTR 3B errors and adjusted late fees.
Return filing distinguishes monthly GSTR 3B obligations for all registrants and quarterly GSTR 1 eligibility based on self assessed turnover or election; composition dealers file quarterly GSTR 4. A reduced late fee regime applies after initial waivers. Errors in GSTR 3B should be rectified using the edit facility before offsetting; otherwise corrections must be made in subsequent returns or by claiming refunds. System reconciliation with GSTR 1/2 will be operationalized after notifications, negative entries are disallowed, and remaining adjustments must be carried forward or refunded.
22/2018 - 17-09-2018 GST - States
Clarification on Inter-state movement of rigs, tools and spares, and all goods on wheels [like cranes]
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IGST exemption on inter state movement of rigs and goods on wheels, with taxability reserved for repairs and maintenance.
Inter state movement of rigs, tools and spares and goods on wheels between distinct persons is to be treated as neither a supply of goods nor a supply of services and thus not leviable to IGST, except where movement is for further supply of the same goods; repairs and maintenance on such goods remain taxable under CGST/SGST/IGST and implementation difficulties should be reported to the Commissioner.
21/2018 - 17-09-2018 GST - States
Issue related to classification and GST rate on Terracotta idols.
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GST nil rate for terracotta idols affirmed under schedule entry; classification as clay-based goods grants exemption.
Terracotta, being clay-based, is classified as covered by the Schedule entry for idols made of clay and therefore terracotta idols are eligible for the nil rate under the relevant notification; implementation is to follow from the notified effective date and any difficulties must be reported to the Commissioner.
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.

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Sanction of pending IGST refund claims where the records have not been transmitted from GSTN to DG Systems

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IGST refund certification: Cost accountants can issue certificates to enable sanction of pending refund claims caused by transmission mismatches.
An interim mechanism allows sanction of pending IGST refund claims where GSTN-to-Customs transmission failed due to GSTR-1/GSTR-3B mismatches, permitting ... Summary

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Acts Income Tax