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Circulars
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Regarding rendering ineffective the circular issued on the applicability of Integrated Tax in case of supply of goods from a customs bonded warehouse
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Integrated Tax guidance for customs bonded warehouse supplies updated after the earlier circular was rendered ineffective.
Integrated Tax guidance on supply of goods from a customs bonded warehouse was modified after the earlier IGST circular was rescinded. The State tax office accordingly amended its prior communication so that the circulated circular would be treated as ineffective, aligning local guidance with the revised central GST position.
Clarification on various doubts related to treatment of sales promotion schemes under GST - Reg.
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GST sales promotion schemes distinguish free samples, bundled offers, qualifying discounts, and secondary discounts for valuation and input credit.
GST treats free samples and gifts supplied without consideration as outside supply unless Schedule I applies, while input tax credit is generally blocked for related inputs, input services, and capital goods. Buy-one-get-one-free offers are bundled supplies for a single price, taxable as composite or mixed supplies, with input tax credit available. Invoice discounts and pre-agreed volume discounts may reduce value of supply when applicable conditions, including recipient reversal of attributable credit, are met. Secondary post-supply discounts may be documented through commercial credit notes but do not reduce value of supply or affect supplier credit availability.
Nature of Supply of Priority Sector Lending Certificates (PSLC)
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Inter state supply of Priority Sector Lending Certificates: IGST applies to e Kuber trading; prior CGST/SGST paid need not be duplicated.
Trading of Priority Sector Lending Certificates on the RBI e Kuber portal is a supply of goods in the course of inter state trade and accordingly IGST shall be payable on such supplies. Where a bank has already paid CGST/SGST (or CGST/UTGST) in respect of such trading, it shall not be required to pay IGST for that supply.
Onetime condonation under the EPCG Scheme — Extension till 30.09.2019
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One-time condonation under EPCG Scheme extended; authorities will accept delayed requests for condonation and installation certificate relief.
Extension of time for receipt of requests for one-time condonation under the EPCG Scheme is granted, covering block-wise extension of Export Obligation periods, extension of Export Obligation period, and condonation of delay in submission of installation certificates as set out in earlier Public Notices; earlier delegation of powers to regional authorities for one-time relaxation remains operative and all other terms of the original Public Notices continue unchanged.
Corrigendum to circular regarding 'Clarification on certain issues related to GST' issued vide Endst. No. 480/GST-2 dated 21.02.2019
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Tax collected at source excluded from GST valuation as an interim levy, not a tax, under revised circular.
For valuation under GST, Tax Collected at Source (TCS) under the Income Tax Act is not includible in the value of supply because it is an interim levy on potential income rather than a tax on goods; the earlier circular's instruction to include TCS in the taxable value is withdrawn and stakeholders are asked to report implementation difficulties.
Clarification on various doubts related to treatment of sales promotion schemes under GST
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Supply treatment under GST: whether promotional giveaways or discounts affect valuation and ITC availability for suppliers.
Clarification explains that free samples and gifts offered without consideration do not constitute supply except where covered by Schedule I, and ITC is disallowed for such distributions unless Schedule I applies. Buy-one-get-one offers are treated as multiple supplies charged at a single price, with tax treatment determined by composite or mixed supply rules; ITC is available for inputs used in such offers. Discounts shown on or agreed at supply can be excluded from value if statutory conditions and documentation are met; secondary post-supply discounts effected by credit notes do not qualify for exclusion and may be issued commercially.
13/2019 - 11-03-2019 GST - States
Nature of Supply of Priority Sector Lending Certificates (PSLC).
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IGST on PSLC trading applies as inter state goods supply, and prior CGST/SGST payment prevents further IGST liability.
PSLCs traded between banks on the RBI e Kuber portal are to be treated as a supply of goods in the course of inter State trade, and IGST is payable on such supplies. Prior arrangements had GST on PSLCs under forward charge for 1.7.2017-27.05.2018 and under reverse charge from 28.05.2018. Where a bank has already paid CGST/SGST or CGST/UTGST for a supply, it need not pay IGST in respect of that supply.
03/2019 - 11-03-2019 Companies Law
Clarification on filing of e-form RD-1 -Conversion of public company into private company and change in a Financial Year
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e-form RD-1 processing: accept filings for company conversion and financial year change despite 'others' selection.
Regional Directors must process e-form RD-1 filed for conversion of a public company into a private company and for change in financial year where filers select 'others'; such RD-1 submissions should not be rejected solely because the specific revised e-form is not yet deployed.
Clarification on export of services under GST
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Export of services: contract value treated as export if IGST on imported services is paid and RBI permits retention.
Where an Indian exporter outsources part of services to a foreign supplier, the contract gives rise to a supply from the Indian exporter to the overseas recipient for the full contract value and an import of services by the Indian exporter for the outsourced portion. The Indian supplier must pay IGST under reverse charge on the imported portion and may claim input tax credit. The total contract value may be treated as export consideration despite direct payment to the foreign supplier if IGST on the import is paid and RBI permits retention of part of the consideration abroad.
Denial of composition option by tax authorities and effective date thereof
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Denial of composition option: effective date rules clarified, allowing retrospective denial from the date of contravention.
Rule 6 prescribes procedures for voluntary withdrawal (FORM GST CMP-04) and for administrative denial (notice, reply and order in CMP forms). Voluntary withdrawal takes effect from the date stated in the CMP-04 (not earlier than the financial year start); administrative denial may be effective from a date determined by authorities, including retrospective dates not earlier than the date of contravention. Tax, interest and penalty recovery proceedings cover the period from the date of contravention to the date of the denial order, and input tax credit on stock and capital goods is governed by the statutory credit provisions as of the day before the denial order.
Discontinuation of printing of Advance Authorisations/ Export Promotion Capital Goods (EPCG) Authorisations on security paper by DGFT for authorisations issued with EDI ports as port of registration
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Electronic issuance of authorisations enables ICES transmission and replaces physical security-paper presentation for EDI-registered export authorisations.
Advance and EPCG authorisations issued for EDI ports will be issued electronically and transmitted to the Customs server, with details visible in ICES for officers handling registration, assessment, examination and clearance. Electronic debits in ICES will replace physical debits on printed copies. Registration processes and bond/bank guarantee determination remain unchanged, amendments will be transmitted electronically, and no TRA facility will be available for electronically issued authorisations for EDI ports.
Filing of Advertisements under SEBI (Mutual Funds) Regulations, 1996
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Filing requirements for mutual fund advertisements: e-mail submission of links, attachment limits and mandatory compliance confirmation.
Mutual funds must submit advertisements to the regulator within seven days of issue; they may send links by e-mail to the designated address, attach materials only if under the specified attachment size limit, retain copies for record, and the compliance officer must expressly confirm conformity with the Advertisement code in the sixth schedule when sending the e-mail.
Conduct of online examination under Regulation 6 of the customs brokers Licensing Regulations 2018 by National Academy of Customs, Indirect Taxes and Narcotics (NACIN), Faridabad
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Online licensing exam authorization: computer-based bilingual MCQ test with qualifying threshold and subsequent oral stage.
Authorization is granted for an online computer-based examination under Regulation 6 of the Customs Brokers Licensing Regulations, 2018, to be administered by NACIN. The three-hour bilingual test will consist of 150 multiple choice questions, no negative marking, and a prescribed minimum aggregate to qualify; syllabus follows Regulation 6(7). Successful candidates will proceed to an oral examination. A dummy practice paper and admit card download are available online, admit cards will be emailed to eligible applicants, and candidate guidelines and helpdesk support have been provided.
Import policy for Electronics and IT Goods under Schedule-I (Import Policy) of ITC (HS), 2017
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Compulsory BIS registration governs electronics imports, with unregistered notified goods prohibited and subject to re-export or disposal.
Import of notified electronics and information technology goods requires Bureau of Indian Standards registration or a consignment-specific exemption from the Ministry of Electronics and Information Technology. Unregistered or non-compliant notified products are prohibited. Importers must re-export consignments without valid registration, failing which Customs may deform and dispose of the goods as scrap. The restriction operates as an Import Policy condition for goods under Chapters 84 and 85 and covers specified computing devices, mobile phones, display equipment, lighting products, power equipment, surveillance devices, and photovoltaic products.
Implementation of Turant Customs
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Customs Compliance Verification enables post-registration automated clearance via ICEGATE portal once verification and duty payment are complete.
Turant Customs permits importers or authorised persons to self-register Bills of Entry on ICEGATE after goods arrival using electronic integrated declarations and digital signatures. Customs Compliance Verification (CCV) will be completed by the proper officer under Sections 17, 18 and 47(1) of the Customs Act; once CCV is confirmed, the System will electronically grant clearance upon payment of duty, subject to interdictions and agency alerts. ICES 1.5 introduces an automated queue and auto-routing of RM-facilitated Bills of Entry to mapped officers for direct system clearance.
Turant Customs - Next generation reform for Ease of Doing Business
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Customs Compliance Verification enables pre payment statutory checks and automated electronic clearance upon duty payment via ICES automation.
Turant Customs enables importers to self register goods on the ICEGATE portal upon arrival and upload electronic supporting documents under the Electronic Integrated Declaration regime to facilitate paperless processing. The Customs Compliance Verification (CCV) mechanism allows officers to complete statutory verifications while duty is unpaid; upon CCV confirmation and payment, ICES 1.5 will electronically grant clearance, subject to Risk Management System interdictions and agency alerts, and will route RMS facilitated Bills of Entry to an automated officer queue for direct clearance.
Entity And Approval under new Sea Manifest Regulations
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Sea cargo manifest regulations require entities to register on ICEGATE for approval to submit electronic arrival and departure manifests.
Entities and persons involved in sea cargo operations must register on the ICEGATE portal and apply for entity approval to operate as an Authorised Sea Carrier or Authorised Sea Agent, providing details of authorised persons, operations, and supporting documents on e-SANCHIT; upon submission the application routes to the jurisdictional customs officer (ENT_APR role) for verification and approval, after which the entity may submit required electronic Arrival and Departure Manifests under the Regulations.
Entity Registration And Approval under new Sea Manifest Regulations
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Sea manifest regulations require entities to register on ICEGATE and obtain approval before filing electronic manifests.
Entities representing vessel masters, agents and other maritime stakeholders must register on ICEGATE and obtain entity approval before operating under the Sea Cargo Manifest and Transhipment Regulations. Master applications submitted via ICEGATE must list authorised persons (who must be registered as child users), specify intended operations and ports (sea port LOCODEs where applicable), and reference supporting documents uploaded to e SANCHIT. Applications are routed to the jurisdictional Customs officer for faceless online verification and approval through the ENT_APR role; only on approval may entities submit the required electronic Arrival and Departure Manifests.
Third Removal of Difficulties order,2019 for removing difficulty in implementation of Notification No 2 of 2019-Central Tax (Rate)
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Bill of supply requirement extended to persons paying tax under specified notification, clarifying invoice obligations for exempt or notified supplies.
Clarifies that the bill of supply requirement in clause (c) of subsection (3) of section 31 of the Nagaland GST Act, 2017 applies to a person paying tax under notification F.NO.FIN/REV-3/GST/1/08 (Pt-1)(Vol.1) dated 07.03.2019, so such persons must issue a bill of supply instead of a tax invoice when supplying exempted goods or services or when covered by the notified tax scheme.
Tripura State Goods and Services Tax (Third Removal of Difficulties) Order, 2019
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Bill of supply requirements extend to persons paying tax under the specified State Tax Rate notification.
Bill of supply requirements under the Tripura State Goods and Services Tax Act, 2017 apply to persons paying tax under the specified State Tax (Rate) notification dated 8 March 2019. Such persons must issue a bill of supply instead of a tax invoice, consistently with the invoice treatment for suppliers of exempt goods or services and persons paying tax under the prescribed composition-tax mechanism.

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Changes made in the ICES application to make it ready for the new regime of paperless Advance Authorization and EPCG licenses issued on or after 01.03.2019

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Paperless Advance Authorization verification now available to all clearance officers and TRAs to non EDI sites disabled for new licenses.
ICES has been updated to provide an all India view of AA/EPCG licence details and conditions transmitted electronically by DGFT and registered at any EDI ... Summary

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Acts Income Tax