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Circulars
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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.
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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.
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
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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
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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.

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Procedure for a Pilot on Transhipment of Export Cargo from Bangladesh to third countries through Land Customs Stations (LCSs) to Nhava Sheva Port, in containers or closed bodied trucks

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Transhipment procedure for export cargo enables monitored transit via LCSs with ECTS sealing, bill of transshipment and bond safeguards.
The pilot permits transhipment of export cargo from Bangladesh through specified LCSs to Nhava Sheva port under Section 54 of the Customs Act. Shipping ... Summary

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Acts Income Tax