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Circulars
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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.
Regarding GST on services provided by Business Facilitator (BF) or Business Correspondent (BC) to banking companies
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GST treatment of Business Facilitator and Business Correspondent services clarified for banking companies under Uttar Pradesh SGST.
GST on services provided by Business Facilitator or Business Correspondent to banking companies is clarified by reference to the Central Board circular dated 01.01.2019. Since equivalent provisions exist under the Uttar Pradesh SGST Act and Rules, the facts and guidance in the central circular are stated to be equally applicable under the Uttar Pradesh SGST framework. The communication forwards the circular to subordinate officers and requests appropriate compliance instructions.
Regarding clarification on applicable GST rate on supply of food and beverages by educational institutions
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GST rate clarification for food and beverage supplies by educational institutions under equivalent state tax provisions.
Clarification is issued on the applicable GST rate for supply of food and beverages by educational institutions. The corresponding CBIC circular is treated as applicable in Uttar Pradesh as well, because equivalent provisions exist in the Uttar Pradesh SGST Act and Rules. The circular is therefore made effective for Uttar Pradesh SGST purposes, and subordinate officers are to be informed and instructed to act accordingly in line with the clarified position.
Regarding clarification on classification of service of printing of pictures under Service Code 998386
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Service classification of picture printing under Service Code 998386 is extended to Uttar Pradesh SGST through circular guidance.
Clarification on the classification of the service of printing of pictures under Service Code 998386 is extended for Uttar Pradesh SGST purposes by forwarding the corresponding Central Board of Indirect Taxes and Customs circular. The communication states that because the Uttar Pradesh SGST Act and Rules contain provisions equivalent to the CGST Act and Rules, the facts and guidance contained in the referred circular are applicable under the Uttar Pradesh SGST framework as well.
Regarding GST liability on Asian Development Bank (ADB) and International Finance Corporation (IFC).
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GST liability on ADB and IFC clarified through application of the central circular under Uttar Pradesh SGST law.
GST liability on Asian Development Bank and International Finance Corporation is addressed by forwarding the central circular for application under the Uttar Pradesh SGST framework. The communication notes that equivalent provisions exist in the Uttar Pradesh SGST Act and Rules, and therefore the facts and legal position stated in the central circular will also apply under the State GST law. Subordinate officers are to be informed and instructed to act accordingly.
Regarding GST liability on various programmes conducted by Indian Institutes of Management (IIMs).
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GST liability for IIM programmes extended to Uttar Pradesh SGST through equivalent provisions and circular-based guidance.
GST liability on various programmes conducted by Indian Institutes of Management (IIMs) was clarified through a Central Board circular, and the Uttar Pradesh Commercial Tax administration stated that the corresponding provisions of the CGST Act and Rules are mirrored in the Uttar Pradesh SGST framework. The facts and guidance contained in the Central circular were therefore made applicable under the Uttar Pradesh SGST Act and Rules as well, and subordinate officers were directed to act accordingly.
Regarding clarification on GST rate applicable on sprinkler irrigation system including lateral pipes.
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GST rate clarification for sprinkler irrigation systems including lateral pipes applies under Uttar Pradesh SGST as well.
Clarification on the GST rate applicable to sprinkler irrigation systems including lateral pipes was issued by reference to the Central Board of Indirect Taxes and Customs circular dated 31.12.2018. The Uttar Pradesh Commercial Tax department stated that the facts and position contained in that circular would also apply under the Uttar Pradesh SGST Act and Rules, and forwarded it for information, compliance, and administrative action.
Clarification regarding classification of goods and GST rates
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Goods classification and GST rates clarified under Uttar Pradesh SGST to align with the CBIC circular.
Classification of goods and the GST rates clarified by the CBIC are to be followed under the Uttar Pradesh SGST Act as well. The goods covered by the CBIC clarification, and the GST rates specified for them, shall apply in Uttar Pradesh for SGST purposes in line with the GST Council's decisions. The enclosed circular is to be circulated to subordinate officers for necessary compliance.
Application of CBIC Circular No. 79/53/2018-GST dated 31.12.2018 regarding clarification on refund-related matters under Uttar Pradesh SGST Act/Rules
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Refund procedure clarification extends to State GST where corresponding provisions are identical and officers must follow the same process.
Refund-related procedural clarifications issued by CBIC under the CGST Act and Rules are to be followed under the Uttar Pradesh SGST Act and Rules as well, because the corresponding provisions are stated to be identical. The procedure described in the cited CBIC circular should be applied mutatis mutandis within the Uttar Pradesh GST framework for refund matters, and subordinate officers are to be informed and directed to act accordingly in conformity with that clarification.
Clarification regarding export of services under GST
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Export of services under GST receives administrative clarification and is forwarded for compliance by tax officers.
Clarification regarding export of services under GST was issued through a CBIC circular after GST Council approval. The communication forwards that circular to officers under the Commercial Tax administration in Uttar Pradesh and directs that subordinate officers be informed and guided to take action in accordance with the clarification.
Procedure regarding rejection of composition by tax authorities and its effective date
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Rejection of composition under GST is clarified through identical state procedure and effective date guidance for compliance.
Procedure for rejection of composition by tax authorities and the effective date is clarified by adopting the CBIC circular under the Uttar Pradesh SGST framework. The guidance under the CGST Act and Rules, including the manner in which composition is to be rejected and the date from which such rejection takes effect, applies equally because the corresponding provisions are identical. The circular is to be followed mutatis mutandis under the Uttar Pradesh SGST Act and Rules for compliance by subordinate officers.
Applicability of GST on Asian Development Bank (ADB) and International Finance Corporation (IFC)
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Immunity from taxation: services by international financial institutions are exempt from GST, subject to provider-only limitation.
Services provided by the international financial institutions are exempt from GST under their constituting Acts which confer immunity from taxation and from any obligation to collect or pay tax; this exemption applies only to services provided by the institutions themselves and not to entities appointed by or working on their behalf.
Export of Fertilisers under Chapter 31 of ITC(HS) Classification of Export and Import Items 2018 — Procedure to obtain permission / NoC from the Department of Fertilizers, Government of India
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Export permission procedure: NoC requirement for fertilizer exports with specified documentation and online status updates.
Export of fertilizers under Chapter 31 requires a permission/No Objection Certificate (NoC) from the Department of Fertilizers. Applicants must apply by email and submit product specifications including NPKS ratio, raw material details and sources, statutory auditor certificates and supplier/applicant undertakings, bill of lading for imported sources, and any additional requested documents. The Department will process complete applications within the prescribed period and will update application status monthly on its website; existing DGFT applications will be shared with the Department for NoC issuance.
Re-Constitution and Re-naming of Advisory Group of National Foundation for Corporate Social Responsibility (NFCSR) as "Governing Council, NFCSR"
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Reconstitution of Governing Council NFCSR creates a national CSR policy body with specified ex officio membership and meeting rules.
Reconstitution and renaming of the Advisory Group as the Governing Council, NFCSR creates a national body for CSR policy input and advocacy, housed at IICA. The Governing Council consists of specified ex officio Ministry of Corporate Affairs members and the IICA DG & CEO as Member Secretary. Its terms of reference are to guide and review the Steering Committee and other necessary matters; it must meet at least twice yearly, and meeting chairing follows a prescribed succession.

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Ices Advisory 01/2019 - Mandatory Declaration of Standard UQC in Bills of Entry

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Standard UQC declaration required in bills of entry; submissions blocked until SQC and quantity fields are completed.
Importers, exporters and customs brokers must declare the Standard UQC (SQC) in the Single Window Table of the Bill of Entry: Info_Type = CHR, Info_QFR = ... Summary

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Acts Income Tax