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Circulars
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Clarification on issue of classification of service of printing of pictures covered under 998386.
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Classification of printing of pictures affirmed under photographic processing services, applying higher GST rate instead of printing services.
The service of printing of pictures, including colour printing of images from film or digital media, enlargements and reprints, is covered by Service Code 998386 Photographic and videographic processing services and not by Service Code 998912 Printing and reproduction services of recorded media; accordingly it must be classified under 998386 and attract the GST rate prescribed for that photographic processing category.
Applicability of GST on Asian Development Bank (ADB) and International Finance Corporation (IFC).
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Tax immunity for multilateral financial institutions protects ADB and IFC services from GST, excluding contractors working for them.
Services supplied directly by the Asian Development Bank and the International Finance Corporation are exempt from GST under the statutory immunities in the ADB Act, 1966 and the IFC Act, 1958, which also relieve them of obligations to collect or remit taxes. A tribunal precedent supports that such immunities prevail over domestic tax provisions. The exemption applies only to services provided by ADB and IFC and does not extend to entities appointed by or acting for them.
Applicability of GST on various programmes conducted by the Indian Institutes of Managements (IIMs).
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GST exemption for long-duration educational programs by IIMs clarified, while short-term executive courses attract standard taxable treatment.
IIMs recognised as educational institutions provide long-duration programmes (one year or more) conferring degrees/diplomas recognised by law; services to students in such programmes are exempt from GST. Short-duration executive programmes awarding participation certificates are not exempt and attract standard GST. Transitional provisions applied for the period before institutional recognition, and where multiple exemptions co-existed an assessee could claim the more beneficial exemption. The clarification extends to IGST, UTGST and SGST exemption entries.
Clarification regarding GST tax rate for Sprinkler and Drip Irrigation System including laterals.
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GST rate on micro irrigation: sprinklers and drip irrigation including laterals attract the Council recommended preferential rate under tariff entry.
The tariff entry covers sprinklers and drip irrigation system including laterals, so sprinkler irrigation systems comprising nozzles, laterals and other components are subject to the GST rate recommended by the GST Council for micro irrigation. The circular confirms reclassification from an earlier higher slab to the Council recommended rate for micro irrigation items and systems.
Clarification regarding GST rates and classification (goods).
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GST classification clarifications: rates and classification rules for food flours, feed inputs, LPG, plastics and machinery clarified.
Clarification of GST classification and rates: Sattu (flour mixes) is nil if unbranded and 5% if branded and packed; fish meal and MBM used as inputs are taxable under flours/meals heading attracting the higher concessional rate rather than the nil rate for prepared feeds; feed supplements are classified by form and ordinary use, distinguishing ready to use animal feed supplements from general use vitamins/provitamins; bulk LPG supplied for bottling and ultimate domestic household use qualifies for the domestic LPG concessional rate; polypropylene bags including BOPP laminated variants are plastic packing articles attracting the plastics rate; wood logs for pulping are timber in rough and taxed accordingly; bagasse board, plain or laminated, enjoys the specific concessional rate; pre packed embroidered three piece fabric sets remain fabrics and attract the fabric rate; concessional treatment for WTEP goods applies only to specified machinery chapters and requires supplier due diligence; turbochargers are classified under the machinery heading attracting its rate; interstate movements of goods for service provision on own account without transfer of title are not supplies and not subject to integrated tax.
Clarification on refund related issues.
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Electronic refund submission streamlines GST refund processing and fixes ARN generation and transfer upon complete filing.
Claimants must upload FORM GST RFD-01A and all supporting documents on the common portal; ARN is generated only after complete filing and required ledger debits, and the application is electronically transferred to the jurisdictional proper officer. Net ITC for inverted duty refunds includes ITC on all inputs in the relevant period regardless of their tax rates; reversed ITC is not treated as availed for refund. Refund of tax on input services and capital goods is excluded from inverted duty refund claims. Compensation cess refunds for exports under bond/LUT are to be recomputed for past periods subject to specified conditions.
Clarification on export of services under GST.
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Export of services: outsourced foreign-supplied portion treated as export if reverse charge IGST paid and RBI permits retention.
When an Indian supplier outsources part of a contract to a foreign supplier, two supplies occur: the Indian supplier's export to the overseas recipient for the full contract value and the import of services by the Indian supplier from the foreign subcontractor. The Indian supplier must pay integrated tax on the imported portion under reverse charge and may claim input tax credit. Amounts directly paid by the overseas recipient to the foreign supplier can still count as export realisation for the Indian supplier if reverse charge IGST is paid and RBI permits retention abroad.
Denial of composition option by tax authorities and effective date thereof.
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Denial of composition option may be made retrospectively, limited to the date of statutory contravention, with recovery follow-up.
Rule 6 provides that withdrawal from the composition scheme requires filing FORM GST CMP-04 and the effective date is the date indicated in that intimation, not earlier than the start of the financial year of filing. If authorities find contravention, they may issue FORM GST CMP-05, consider reply in FORM GST CMP-06 and issue FORM GST CMP-07 denying the option; the denial's effective date may be retrospective but not earlier than the date of contravention, and recovery proceedings for tax, interest and penalty apply for the period from contravention to the FORM GST CMP-07 order, with normal tax liability and rules for input credit applying from the date preceding the order.
Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the RGST Act; ratc or tax in case of debit notes / credit notes issued under section 142(2) of the RGST Act; applicability of notification No. F.12(46)FD/Tax/2017-Pt.V-113 dated 13.09.2018; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST.
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Taxability of government disposals: government must register and pay GST when selling used or seized goods to unregistered persons.
Supplies of used, seized or scrap goods by government entities are taxable; supplies to registered persons are on reverse charge, while supplies to unregistered persons require the government supplier to register and pay GST. Penalty under section 73(11) applies only when section 73 proceedings are invoked; late GSTR 3B filing with tax and interest paid ordinarily does not attract that penalty but may attract a general penalty. Debit/credit notes issued under section 142(2) after the appointed day attract GST rates. TDS under section 51 applies only to bodies with majority government participation. TCS collected under the Income Tax Act is includible in GST value. Where invoice accompanies goods consignor or consignee is owner; otherwise the proper officer determines ownership.
07/2019 - 08-01-2019 GST - States
GST on Services of Business Facilitator (BF) or a Business Correspondent (BC) to Banking Company.
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Service provider liability: banks must pay GST on customer service charges; rural-branch exemption depends on RBI classification.
Banking companies operating BF/BC arrangements are the service providers for GST and must pay GST on the entire service charge or fee charged to customers, regardless of collection via BF/BC. The exemption for BF/BC services relating to "accounts in its rural area branch" requires that such services fall under Heading 9971 and relate to a branch classified as rural under RBI guidelines; the bank's RBI-based classification will be accepted for claiming the exemption.
06/2019 - 08-01-2019 GST - States
Clarification on GST rate applicable on supply of food and beverage services by educational institution.
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Exemption for educational institution services clarifies institution supplied food and beverages are exempt while outsourced catering is taxable.
Supply of food and beverages by an educational institution to its students, faculty and staff is exempt from GST when supplied by the institution itself under the exemption notification; however, food and beverage services provided to the institution by a third party under contract are taxable at the rate prescribed for such services. Rate entries must be read together with exemption entries and where the exemption entry specifically covers a supply, that supply is not taxable despite a separate rate entry. The rate notification's illustrative reference has been amended and the exemption entry's scope clarified by adding the relevant service heading reference.
05/2019 - 08-01-2019 GST - States
Clarification on issue of classification of service of printing of pictures covered under 998386.
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Classification of printing of pictures as Photographic and videographic processing services requires taxation under that service category.
The service of printing of pictures constitutes Photographic and videographic processing services under service code 998386, as the explanatory notes include colour printing of images from film or digital media and related processing activities within 998386 and exclude them from 998912; therefore printing of pictures must be classified under 998386 and taxed under the GST rate applicable to that service category, with implementation guidance and reporting of difficulties to the Commissioner.
04/2019 - 08-01-2019 GST - States
Applicability of GST on Asian Development Bank (ADB) and International Finance Corporation (IFC).
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Tax immunity for international financial institutions shields their supplied services from GST, subject to provider-only limitation.
Services supplied by the Asian Development Bank and the International Finance Corporation are not subject to GST by virtue of the immunities in the ADB Act, 1966 and the IFC Act, 1958, which exempt the institutions, their operations and relieve them of any obligation to collect or pay tax; this immunity applies only to services provided by the institutions themselves and does not extend to entities or agents appointed by them.
03/2019 - 08-01-2019 GST - States
Applicability of GST on various programmes conducted by the Indian Institutes of Managements (IIMs).
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GST exemption scope on IIM programmes: long duration degree/diploma courses exempt, short executive courses taxable.
Following the IIM Act, all scheduled IIMs qualify as educational institutions; services to students in long duration programmes (one year or more) that confer a legally recognised degree or diploma are exempt from GST, while short term executive programmes providing only participation certificates are taxable. Transitional provisions limited exemptions before statutory recognition, overlapping notifications allowed choice of the more favourable exemption during a defined period, and the circular aligns state and corresponding central/UT exemption entries.
Customs Post Clearance Audit
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Customs Post Clearance Audit expands statutory audit scope; risk based selection and premises audits increase compliance oversight.
Customs Post Clearance Audit is now governed by a statutory framework under Section 99A and the Customs Audit Regulations, 2018, expanding the definition of Auditee to include custodians, warehouse licensees, customs brokers and others involved in clearing, forwarding or stocking. The regime prescribes Transaction Based Audit and Premises Based Audit, allows risk based and theme based selection by the Board, broadens assessment review to declared entries and self assessment, and establishes Audit Commissionerates and governance arrangements for coordination, monitoring and replication of detections.
IGST Export Refunds–resolution of errors
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EGM compliance required: timely online filing and gateway-local integration to enable automated IGST export refunds.
Automated IGST export refunds are delayed by EGM errors-late/non-filing of local or gateway EGMs, mismatches between them, and absent stuffing reports for consolidated LCL cargo. Custodians and carriers must file EGMs online and maintain container-wise tally sheets linking previous and new containers; preventive officers must enter stuffing reports and use ICES amendment options to correct C/N errors. Field officers should obtain re-stuffing particulars from shipping agents and custodians to enable revalidation or supplementary EGMs. Persistent non-compliance may attract penalties, while facilitation is permitted for timely rectifications.
Jharkhand Goods and Services Tax (Removal of Difficulties) Order, 2018
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Annual return deadline extension allows registered taxpayers to file pending GST annual returns after electronic system delay.
The Order inserts an Explanation in section 44 declaring that the annual return for the period from the 1st July, 2017 to the 31st March, 2018 shall be furnished on or before the 31st March, 2019, to address delays in the electronic filing system; the Order is issued under section 172 and is deemed effective from 11th December, 2018.
GST on Services of Business Facilitator (BF) or a Business Correspondent (BC) to Banking Company
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GST on BF/BC services: banking company deemed service provider and liable for tax on customer service charges.
Banking companies are the service provider for services rendered through Business Facilitators or Business Correspondents under RBI guidelines and must pay GST on the entire service charge or fee charged to customers. Exemption for services related to accounts in a rural area branch applies only if the services fall within the prescribed banking service classification and relate to branches classified as rural under RBI procedures, and the bank's classification should be accepted.
Launch of Indian Customs EDI System- (ICES 1.5) for Imports and Exports, at INDRGB- Darranga Land Customs Station, Baksa, BTAD, Assam
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Electronic Data Interchange implementation at a land customs station mandates EDI filing and limited after hours clearances with conditions.
Implements ICES 1.5 EDI at Darranga Land Customs Station, requiring all statutory import/export declarations to be filed and processed electronically under an adopted Standard Operating Procedure; normal operating hours are prescribed, with clear limits on holiday and after-hours clearances except for emergencies or perishable cargo subject to Merchant Overtime Fee payment. Designated grievance and technical helpdesk contacts and system managers are identified for trade support.
Car Pass System- inclusion of new Land Customs Stations (LCSs)
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Car Pass system extended to additional land customs stations, requiring existing procedural compliance and operationalisation.
The Car Pass system is extended to Manu, Bholaganj, Muhurighat, Mahendraganj and Mankachar Land Customs Stations; the procedural framework prescribed in Facility No. 02/2011 and Facility No. 04/2015, as amended by subsequent notices, must be followed at these LCSs and operationalisation may be initiated pursuant to the 12th Joint Group of Customs decision between India and Bangladesh.

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Jharkhand Goods and Services Tax (Removal of Difficulties) Order, 2018

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Annual return deadline extension allows registered taxpayers to file pending GST annual returns after electronic system delay.
The Order inserts an Explanation in section 44 declaring that the annual return for the period from the 1st July, 2017 to the 31st March, 2018 shall be ... Summary

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Acts Income Tax