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Circulars
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Regarding extension of time limit for filing Annual Returns (Form 52, 52A, 52B) for the year 2017-18
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Annual return filing deadline extended for VAT forms 52, 52A and 52B, with no further extension allowed.
Extension of the time limit for filing Annual Returns in Forms 52, 52A and 52B for Financial Year 2017-18 was granted after representations from trade and advocate bodies and review of the filing position on the departmental portal. Exercising the power under the second proviso to sub-rule (7) of Rule 45 of the Uttar Pradesh Value Added Tax Act, 2008, the last date for filing the annual returns was finally extended to 31.01.2019.
Clarification regarding GST tax rate for Sprinkler and Drip Irrigation System including laterals
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GST rate for micro irrigation systems clarified to include sprinkler irrigation systems and their laterals under tax classification.
The Schedule entry for micro irrigation systems applies to systems such as drip, subsurface drip, micro spray and micro sprinkler methods; the term "sprinklers" encompasses sprinkler irrigation systems and their components, so sprinkler systems including nozzles, laterals and related parts fall within the notified tariff description and attract the applicable GST rate for micro irrigation.
Clarification regarding GST rates & classification (goods)
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GST classification clarifications protect correct taxing of goods and specify conditions for concessional treatment and non-supply movements.
Clarification of GST classification and rates: Chhatua/Sattu under HSN 1106 is nil if unbranded, concessional if branded; fish meal and MBM under heading 2301 are distinct from prepared feeds and attract the tariff for flours/meals; animal feed supplements are classed under 2309 if presented as ready-to-use animal feed supplements but under chapter 29 (2936) if supplied as general-use vitamins/provitamins; LPG supplied in bulk for bottling for domestic use qualifies for the reduced household LPG rate; polypropylene bags laminated with BOPP are plastics under HS 3923; wood logs for pulping fall under 4403; bagasse board under chapter 44 attracts the concessional bagasse board rate; three-piece embroidered fabric sets remain fabric; renewable-energy machinery under chapters 84, 85, 94 qualify for concession only when used in initial plant setup; turbochargers classed under 8414; interstate movement of goods for own-account service use is not a supply.
Clarification on refund related issues
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Electronic submission of GST refund claims: portal upload replaces physical filing, enabling electronic transfer and acknowledgement timelines.
All documents and invoices accompanying FORM GST RFD-01A must be uploaded on the common portal at filing; ARN is generated only after complete uploading and any ledger debits, and the application is electronically transferred to the jurisdictional officer who issues acknowledgement or deficiency memo from the ARN date. "Net ITC" for inverted duty refunds covers ITC on all inputs in the relevant period irrespective of input tax rates; ITC entered in the electronic credit ledger via FORM GSTR-3B for the relevant period must be included in refund calculations. Refund of tax on input services and capital goods is excluded from inverted duty ITC refunds.
Clarification on export of services under GST
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Export of services treated for full contract value when reverse charge IGST paid on outsourced foreign supply and RBI permits.
Where an Indian exporter outsources part of a services contract to a non resident, two supplies occur: export of services by the Indian supplier for the full contract value and import of services by that supplier for the outsourced portion. The Indian supplier must pay integrated tax on the imported services under reverse charge and may claim input tax credit. Even if the outsourced supplier is paid directly abroad, the full contract value will be treated as export provided reverse charge tax is paid on the outsourced portion and the RBI permits retention of part consideration outside India.
Denial of composition option by tax authorities and effective date thereof
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Denial of composition option can be retrospective to contravention date, triggering normal tax liability and recovery proceedings.
Clarifies that voluntary withdrawal from the composition scheme takes effect from the date indicated in FORM GST CMP-04 (not earlier than the start of the financial year of filing), while denial of the composition option by tax authorities may be made from a date determined by them, including retrospectively but not prior to the date of contravention; denial triggers liability to pay tax under the normal regime from the date of issue of the denial order and necessitates recovery proceedings for tax, interest and penalty for the period from contravention to the order, with input credit entitlement governed by the provision applying to stock on the day before the order.
Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the CGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the CGST Act; applicability of notification No. 50/2018-Central Tax; 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 departments must register and pay GST when selling used or seized goods to unregistered buyers.
Intra State and inter State supplies of used vehicles, seized and confiscated goods, old and used goods, waste and scrap by government entities are taxable; supplies to registered persons attract reverse charge as per notifications, while supplies to unregistered persons require the supplying government department to obtain registration and pay GST subject to sections 22 and 24. Penalty under section 73(11) applies only when section 73 proceedings are initiated; delayed GSTR 3B filing with tax and interest paid does not ordinarily attract that penalty. Debit/credit notes under section 142(2) attract GST rates under the GST Acts. TCS under the Income Tax Act is not includible in GST valuation. Owner of goods for section 129(1) is the consignor or consignee if documents accompany the consignment; otherwise the proper officer will decide.
59/2018 - 31-12-2018 GST - States
Clarification regarding GST tax rate for Sprinkler and Drip Irrigation System including laterals.
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GST rate on micro irrigation systems clarified to include sprinkler and drip systems with laterals and constituent components.
Entry 195B classifies "Sprinklers; drip irrigation system including laterals" to cover micro irrigation items-including drip emitters, subsurface drip, micro spray/micro sprinkler and mini bubbler methods-and confirms that sprinkler irrigation systems and constituent parts such as nozzles and laterals fall within this tariff entry and are subject to the GST rate recommended by the Council for micro irrigation systems.
58/2018 - 31-12-2018 GST - States
Clarification regarding GST rates & classification (goods).
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GST classification clarified for diverse goods, defining applicable headings and correct tax treatment for supply and use.
Clarification on GST classification and applicable rates for specified goods: chhatua/sattu under HSN 1106 (nil if unbranded, concessional if branded); fish meal and meat-and-bone meals under 2301 attract the five percent rate while prepared animal feeds under 2309 are exempt; feed supplements are classified by presentation and use into chapter 23 or chapter 29; bulk LPG for domestic supply qualifies for the concessional domestic rate; polypropylene bags classify under HS 3923; wood logs for pulping fall under 4403; bagasse boards under chapter 44 receive the concessional board rate; pre-packed three-piece fabric sets remain fabrics; waste-to-energy concessions apply only to goods in chapters 84, 85 and 94; turbochargers class under 8414; interstate movement of machinery on own account is not a supply.
57/2018 - 31-12-2018 GST - States
Clarification on refund related issues.
Show AI Summary
Electronic refund submission: portal uploads replace physical filing, ARN triggers jurisdictional transfer and statutory timelines.
All documents and invoice statements for FORM GST RFD-01A must be uploaded on the common portal; physical submission is optional. The ARN is generated only after filing and uploading and triggers electronic transfer of the application to the jurisdictional proper officer, who must issue acknowledgement or deficiency memo within prescribed timelines. Net ITC for inverted duty refunds includes ITC on all inputs in the relevant period irrespective of their tax rates; reversed ITC is not treated as availed and cannot form part of refundable unutilized ITC. Refund of compensation cess for zero rated supplies under bond/LUT is admissible and should be recomputed for past months as if cess ITC had been availed then.
56/2018 - 31-12-2018 GST - States
Clarification on export of services under GST.
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Export of services: full contract value treated as export while reverse charge applies for outsourced foreign services and credit allowed.
When an Indian supplier outsources part of services to a non resident subcontractor, the arrangement constitutes export of services by the Indian supplier for the full contract value and import of services by that supplier for the outsourced portion; the Indian supplier must pay integrated tax under reverse charge on the imported portion and may claim input tax credit, and amounts paid directly to the foreign subcontractor can be treated as receipt for export provided integrated tax is paid on the imported portion and RBI permits retention outside India.
55/2018 - 31-12-2018 GST - States
Denial of composition option by tax authorities and effective date thereof.
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Denial of composition option may be effective from date of contravention; tax liability arises from the order date.
A withdrawal filed in FORM GST CMP-04 takes effect from the date specified in that intimation, not earlier than the financial year's commencement; contraventions discovered later may trigger recovery. If tax authorities initiate denial, they must follow the CMP-05/CMP-06/CMP-07 process, and may set an effective denial date, including retrospectively but not prior to the date of contravention. Recovery proceedings for tax, interest and penalty cover the period from contravention to issuance of FORM GST CMP-07, and tax under section 9 becomes payable from the order date with section 18(1)(c) governing credit on stock and capital goods.
Electronic Sealing-Deposit in and removal of goods from Customs Bonded Warehouses.
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Electronic sealing deferred; RFID sealing requirement implementation for bonded warehouses remains postponed pending further notice.
The Board has further deferred implementation of Circular No. 19/2018-Customs, which mandated RFID-based electronic sealing for goods deposited in and removed from Customs bonded warehouses; no new effective date is provided, and stakeholders are requested to notify the Board of any difficulties.
54/2018 - 31-12-2018 GST - States
Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the WBGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the WBGST Act; applicability of notification No. 1344-F.T.; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST.
Show AI Summary
Taxability of government disposals: government sales to unregistered buyers require registration and GST payment under applicable rules.
Supplies by government entities of used vehicles, seized and confiscated goods, old and used goods, waste and scrap are taxable; supplies to registered recipients attract reverse charge per notified rates while supplies to unregistered persons require the supplying government department to obtain registration and pay GST subject to registration provisions. Penalty under the assessment provision requires a show cause notice and is not ordinarily triggered by late return filing where tax and interest have been paid; a general penalty may be imposed after due process. Debit/credit notes issued post appointed day follow GST rates. TDS applicability under the notification is confined to authorities or bodies with majority government participation. Taxable value includes TCS collected under the Income Tax Act. Where an invoice accompanies goods, consignor or consignee is deemed owner; otherwise the proper officer determines ownership.
Clarification regarding GST tax rate for Sprinkler and Drip Irrigation System including laterals.
Show AI Summary
GST rate on micro irrigation systems clarified to include sprinklers and laterals in tax classification.
The schedule entry classifies sprinklers and drip irrigation systems including laterals as taxable goods under the HS heading for mechanical spraying appliances, recording the State GST component as 6%; the Circular clarifies that sprinkler systems comprising nozzles, laterals and related components fall within this entry and directs field officers and taxpayers to apply the reduced rate treatment recommended for micro irrigation.
Clarification regarding GST rates & Classification (Goods)
Show AI Summary
GST classification clarifications reaffirm headings and concessional rates for specified goods and supply scenarios.
Clarification lists specific GST classifications and rates: Chhatua/Sattu under HSN 1106-nil if unbranded, 5% if branded; fish meal and MBM under 2301-5%; feed supplements classified by presentation under 2309 or chapter 29; domestic LPG bulk supply qualifies for 5%; PP woven/non woven (BOPP laminated) under HS 3923-18%; wood logs for pulping under 4403-18%; bagasse board under chapter 44-12%; three piece fabric packs remain fabrics-5%; renewable energy plant goods concession limited to chapters 84,85,94 with documentary proof; turbochargers under 8414-18%; interstate movement of machinery on own account is not a supply.
Clarification on refund related issues.
Show AI Summary
Refund procedure modernization: electronic filing with ARN-triggered filing date streamlines refund processing and timelines.
Claimants must file FORM GST RFD-01A on the common portal and electronically upload all supporting statements, undertakings and invoices at filing; ARN is generated only after upload and ledger debits, and on ARN generation the application and attachments transfer electronically to the jurisdictional proper officer and are deemed filed from that date for the purpose of the Rules. Physical submission remains optional except for unallocated taxpayers; reassignment of wrongly allocated electronic applications adjusts the deemed filing date, and rectified applications following deficiency memos are to be resubmitted manually under the original ARN and treated as fresh claims.
Clarification on export of services under GST.
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Export of services: outsourced foreign supply treated as import by exporter with reverse charge and input tax credit available.
Where an Indian exporter outsources part of a contract to a nonresident supplier, the arrangement produces two supplies: the Indian exporter's supply to the foreign recipient for the full contract value (treated as export of services if conditions are satisfied) and the import of services by the Indian exporter from the nonresident supplier for the outsourced portion. The Indian exporter is liable to pay integrated tax under reverse charge on the imported portion, may claim input tax credit, and the full contract value can be treated as export realization if reverse charge 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 from the date of contravention, with tax recovery and credit adjustments.
Rule 6 provides that withdrawal from the composition scheme takes effect from the date indicated in FORM GST CMP-04, not earlier than the financial year's commencement; denial of the composition option by the proper officer after show cause (FORM GST CMP-05) and reply (FORM GST CMP-06) may be ordered in FORM GST CMP-07 with effect from a date not earlier than the date of contravention, and tax as a normal taxpayer is payable from the date of the FORM GST CMP-07 order, with recovery proceedings and input credit adjustments applying accordingly.
Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the MGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the MGST Act: applicability of notification No. 50/2018-State Tax; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST.
Show AI Summary
Taxation of government disposals: departments must register and pay GST on sales to unregistered recipients.
Supply of used vehicles, seized and confiscated goods, old and used goods, waste and scrap by government entities to unregistered persons is taxable and such entities must register and pay GST; supplies to registered persons are taxable on reverse charge. Penalty under section 73(11) is claimable only when section 73 proceedings are invoked; late GSTR-3B filing with tax and interest paid does not attract section 73(11) but may attract a general penalty under section 125. Debit/credit notes for post-appointed-day price revisions attract GST rates under the GST regime. Section 51 TDS applies to authorities with fifty-one percent or more government participation. TCS under Income Tax Act is includible in GST value. Where invoices accompany consignments consignor or consignee is deemed owner; otherwise the proper officer determines the owner.

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Applicability of GST on Asian Development Bank (ADB) and International Finance Corporation (IRC).

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Immunity from tax: Services supplied by specified international financial institutions are GST-exempt, limited to the institutions themselves.
The enabling statutes grant broad tax immunity to certain international financial institutions, exempting their services from GST and absolving them of ... Summary

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Acts Income Tax