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Circulars
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Clarification in respect of transfer of input tax credit in case of death of sole proprietor.
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Transfer of input tax credit on proprietor's death: transferee may claim unutilised credit after prescribed electronic filing.
Where a sole proprietor dies and the business is continued by a transferee or successor, unutilised input tax credit in the electronic credit ledger may be transferred to the transferee. The transferee must obtain registration effective from the date of transfer and indicate death of the proprietor; legal heirs may seek cancellation of the deceased's registration and must supply the transferee's GSTIN. The transferee must file the prescribed electronic request to transfer unutilised credit before applying for cancellation; upon acceptance the credit is credited to the transferee's electronic credit ledger. Transferor and transferee are jointly and severally liable for tax, interest and penalty arising from the transferor.
Clarifications on Verification of applications for grant of new registration.
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Registration verification: Fresh GST registrations may be rejected if prior registration was cancelled and revocation not sought.
Proper officers must verify whether applicants seeking a new GST registration on the same PAN had prior registrations cancelled for continued statutory violations and whether they have applied for revocation; failure to apply for revocation where cancellation grounds persist shall be treated as a deficiency and may warrant rejection of the fresh registration after portal-based comparison of prior and current application data and consideration of explanations furnished.
Clarifications on refund related issues under GST.
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Refund of Unutilized Input Tax Credit - portal workaround permits alternative filing and electronic credit ledger debit for processing.
Provides procedural clarifications for refund claims of unutilized ITC affected by lapsing notifications and portal validation: taxpayers who reversed required ITC in GSTR 3B but face portal limits may file RFD 01A under "any other" for the same period with full supporting documents; the proper officer will calculate admissible refund per refund rules, require electronic credit ledger debit via DRC 03, then issue RFD 06 and RFD 05. Those yet to reverse may use DRC 03; late reversals attract interest from the original due date until reversal. Merchant exporters and cases involving re credited ITC after deficiency memos follow analogous filing and processing steps.
Clarification on Nature of Supply of Priority Sector Lending Certificates (PSLC).
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Inter-state supply: IGST applies to trading of Priority Sector Lending Certificates, with credit where CGST/SGST already paid.
Supply of Priority Sector Lending Certificates (PSLC) between banks on the RBI e Kuber portal is treated as a supply of goods in the course of inter State trade or commerce, making IGST payable on such transactions; however, banks that have already paid CGST/SGST for a supply need not pay IGST for that supply.
Clarification on various doubts related to treatment of sales promotion schemes under GST.
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Treatment of sales promotion schemes under GST clarifies when free samples, discounts, and buy one get one offers affect taxability and ITC.
Goods or services supplied without consideration do not constitute supply under GST except where Schedule I applies; ITC is disallowed for inputs, input services and capital goods used for gifts or free samples unless distribution amounts to a supply under Schedule I. Buy one get one offers are treated as multiple supplies for a single price and taxability depends on whether the arrangement is a composite or mixed supply; ITC is available for inputs used in such offers. Invoice discounts and pre established volume discounts may be excluded from taxable value if statutory conditions are met; secondary post supply discounts via credit notes do not qualify for exclusion and do not affect ITC availability for the supplier.
Clarification regarding tax payment made for supply of warehoused goods while being deposited in a customs bonded warehouse for the period July, 2017 to March, 2018.
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Inter State characterization of warehoused goods: one time deeming treats central and state tax paid as compliance if equal to integrated tax.
Supplies of goods in customs bonded warehouses were inter State supplies but, due to portal limitations, were reported as intra State and taxed as central and state tax. As a one time exception, suppliers who paid central tax and state tax during the period in question will be deemed to have complied with tax payment obligations provided the sum of central and state tax paid equals the integrated tax due on those supplies.
Circular on compliance of rule 46(n) of the TNGST Rules, 2017 while issuing invoices in case of inter-State supply.
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Place of supply details must appear on invoices for inter-State supplies to ensure tax accrues to the consuming State.
Registered persons making inter-State supplies must specify the place of supply together with the name of the State on tax invoices to ensure tax accrues to the consuming State; the place of supply for goods and services should be determined with reference to the integrated GST place-of-supply provisions when issuing invoices for inter-State transactions.
Clarification on mentioning details of Inter-State supplies made to unregistered persons in Table 3.2 of FORM GSTR-3B and Table 7B of FORM GSTR-1.
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Reporting of inter state supplies to unregistered persons is required to enable IGST apportionment; non reporting attracts penalties.
Registered suppliers must report inter State supplies to unregistered persons, composition taxable persons and UIN holders in Table 3.2 of FORM GSTR 3B and record inter State supplies to unregistered persons in Table 7B of FORM GSTR 1, including place of supply. Information in Table 3.2 governs IGST apportionment to the State of supply; non reporting causes non apportionment, data mismatches and attracts penal action under the TNGST Act.
Changes in Circulars issued earlier under the CGST Act, 2017.
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Realization of export proceeds in Indian Rupee permitted where RBI allows, enabling LUT acceptance for exports in INR.
With effect from 01.02.2019, the circulars are amended to permit realization of export proceeds in Indian rupee where RBI permits and to allow acceptance of a Letter of Undertaking for exports and SEZ supplies regardless of currency subject to RBI rules; to modify job-work rules by applying the time periods specified under the job-work provision, restating principal's record-keeping and deemed-supply liabilities, clarifying valuation of job-work services, and linking job-worker registration to statutory turnover thresholds; to require recovery of inadmissible transitional credits via FORM GST DRC-03/DRC-07 rather than GSTR-3B; and to implement suspension of registration while preserving the final return obligation.
Clarification on GST on Services of Business Facilitator (BF) or a Business Correspondent (BC) to Banking Company.
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GST on banking services: banks liable for tax on service charges collected via business facilitators or correspondents.
The banking company is the service provider where services are rendered through a Business Facilitator or Business Correspondent under RBI guidelines, and is liable to pay GST on the entire service charge or fee levied on customers irrespective of collection through BF/BC. Exemption for services relating to accounts in a rural branch applies only where the BF/BC services are classifiable under the prescribed service classification and relate to a branch designated rural in accordance with RBI guidelines.
Clarification on GST rate applicable on supply of food and beverage services by educational institution.
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GST exemption for educational institution services: food and beverages supplied by the institution to students and staff are exempt.
All services provided by an educational institution to its students, faculty and staff are exempt, which includes food and beverages supplied by the institution itself; food and beverage supplies provided by any person other than the educational institution under contractual arrangements are leviable to GST at the prescribed rate. Recent amendments removed certain examples from the rate notification and added a service code in the exemption notification to clarify the position.
Clarification on issue of classification of service of printing of pictures covered under 998386.
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Classification of photographic printing as photographic processing services leads to higher GST treatment under service classification.
The circular clarifies that printing of pictures is classifiable as Photographic and Videographic Processing Services, since explanatory notes include colour printing of images from film or digital media and related processing activities in that category and explicitly exclude such printing from the category of printing and reproduction of recorded media; accordingly the service attracts the GST treatment associated with photographic and videographic processing.
Clarification on Applicability of GST on Asian Development Bank (ADB) and International Finance Corporation (IFC).
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Immunity from tax: services by multilateral development institutions are exempt from GST under their constitutive Acts.
Services provided by the Asian Development Bank and the International Finance Corporation are exempt from GST under their constitutive Acts, which confer immunity from taxation, customs duties and any obligation to collect or pay tax. This statutory immunity precludes domestic tax provisions from imposing collection obligations on those institutions. The exemption is confined to services supplied by the institutions themselves and does not extend to entities appointed by or working on their behalf, which remain taxable.
Clarification on Applicability of GST on various programmes conducted by the Indian Institutes of Managements (IIMs).
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GST exemption for long duration educational programmes applies to IIM degree/diploma courses; short term executive courses remain taxable.
IIMs are educational institutions for GST purposes from 31 January 2018; services to students in all long duration programmes (one year or more) conferring degrees/diplomas recognised by law are exempt from GST. For 1 July 2017-30 January 2018 only three specified long programmes were exempt. From 31 January-31 December 2018 both exemptions coexisted and the more beneficial could be claimed. Short duration executive/need based programmes awarding only participation certificates are not exempt and attract standard GST.
Clarification regarding filing of application for revocation of cancellation of registration in terms of Removal of Difficulty Order (RoD) number 05/2019-Central Tax dated 23.04.2019
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Revocation of cancelled GST registration: one-time opportunity to apply subject to furnishing pending returns and subsequent filings.
Applications for revocation of cancellation of registration under section 29(2) are permitted only after all returns due up to the date of cancellation are furnished and amounts paid; where cancellation is retrospective and the portal prevents post cancellation filing, an application may nonetheless be filed provided all returns for the period from the effective date of cancellation to the revocation order are filed within thirty days of the revocation order.
Clarification in respect of utilization of input tax credit under GST
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Utilization of input tax credit requires Integrated tax credit to be exhausted first, then apportioned towards other tax liabilities.
Amendments require that the input tax credit of Integrated tax be exhausted completely before any input tax credit of Central tax or State/Union territory tax may be utilized; thereafter Integrated tax credit may be apportioned in any order and proportion towards Central and State/Union territory liabilities. The Board clarifies that the common portal will continue pre-amendment functionality until updated, advises issuance of trade notices, and invites reporting of implementation difficulties.
Clarification in respect of utilization of input tax credit under GST
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Utilization of IGST input tax credit must be exhausted before using Central or State tax credits; portal unchanged temporarily.
Credit on account of integrated tax must be completely exhausted before any input tax credit of central tax or state/union territory tax is utilised; the newly inserted rule permits integrated tax credit to be applied towards central and state/union territory tax in any order or proportion provided the entire integrated tax credit is first exhausted, and taxpayers may continue to follow existing common portal functionality until it is updated.
Clarification regarding filing of application for revocation of cancellation of registration in terms of Removal of Difficulty Order (ROD) number 05/2019State Tax dated 23.04.2019
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Cancellation of GST registration: one-time revocation window permitted subject to furnishing outstanding returns within prescribed timelines.
Registration cancelled for failure to furnish specified returns may be revoked only after outstanding returns are furnished and amounts paid; where cancellation is from the order date, returns up to cancellation must be filed before application and returns from cancellation to revocation must be filed within thirty days of revocation. For retrospective cancellations where the portal blocks filing, a proviso allows revocation applications provided returns for the period from the effective cancellation date to revocation are filed within thirty days of the revocation order.
Phasing out of physical copies of Merchandise Exports from India Scheme (MEIS)/Services Exports from India Scheme (SEIS) Duty Credit Scrips issued with EDI port as Port of registration
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Paperless duty credit scrips: electronic transmission to Customs and ICES-only debiting for EDI-registered scrips.
DGFT has phased out physical MEIS/SEIS duty credit scrips for EDI-registered ports, transmitting such scrips electronically to Customs and making them visible in ICES; owners or authorised representatives must provide scrip identifiers for registration, assessment and debiting, with ownership verified via the DGFT website. Debits will be made only in ICES, no TRA will be issued for paperless scrips (thus they cannot be used at non-EDI ports), and DGFT will continue issuing physical scrips for non-EDI ports with TRA facility intact. Central Excise procedures were amended accordingly.
Turant Customs - Automated queuing of Bills of Entry for ‘Out of Charge’
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Automated Out of Charge queuing requires online Bill of Entry registration; upload documents and follow SUP activation procedures.
Automated queuing in ICES 1.5 places Bills of Entry before the SUP-role superintendent for Out of Charge on a FIFO basis once importers or customs brokers register online; physical presentation for registration at RMS is generally dispensed with. Exceptions: first-check BsE must be mapped to CFS/custodian by shed officers, certain query-reply workflows were fixed so importers can respond via Service Centre, AEO BsE receive prioritization, and facilitated BsE misrouting after suspicious scans has been corrected by ensuring CFS codes are entered at INS submission or SUP activation. Trade must upload supporting documents to e-sanchit, monitor container scan status, and approach RMS or CFS officers only where specified.

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Clarification on Nature of Supply of Priority Sector Lending Certificates (PSLC).

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Inter-state supply: IGST applies to trading of Priority Sector Lending Certificates, with credit where CGST/SGST already paid.
Supply of Priority Sector Lending Certificates (PSLC) between banks on the RBI e Kuber portal is treated as a supply of goods in the course of inter State ... Summary

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Acts Income Tax