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Circulars
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Issuance of Preferential Certificate of Origin for India’s exports to Vietnam under ASEAN-India FTA
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Preferential Certificate of Origin acceptance: electronic COOs may be used for exports to Vietnam; printed signed copies available on request.
Issuance of Preferential Certificates of Origin for exports to Vietnam under the ASEAN India FTA permits an electronic copy bearing the officer's image signature and issuing agency stamp for immediate clearance; the system will also generate the set of four printed copies. COO applications (except for Thailand) must be submitted via the e COO Platform to designated issuing agencies, which will issue COOs online and provide printed, stamped, wet ink signed copies on request; physical applications will not be accepted after the transition date, though prior manual applications may be issued.
Clarification on refund related issues
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GST refund claims may span financial years, while input tax credit refunds require invoice matching and proportionate re-crediting.
GST refund claims may bundle successive tax periods across financial years. Accumulated input tax credit refunds under an inverted duty structure exclude identical input and output goods affected only by a later rate reduction. For non-zero-rated and non-deemed-export tax refunds, cash and electronic credit ledger components must be returned in their original proportions, with the credit component re-credited through FORM GST PMT-03. Accumulated input tax credit refunds are restricted to supplier-furnished invoices reflected in FORM GSTR-2A, and Annexure B requires HSN/SAC details where stated on inward invoices.
Clarification on refund related issues
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Director remuneration under GST depends on employment status, salary classification, and reverse-charge liability for taxable service payments.
Director remuneration is classified for GST according to employment status and the nature of payment. Payments to independent directors and other non-employee directors are taxable services for which the company bears GST under reverse charge. For employee-directors, remuneration recorded as salary and subjected to salary-related tax deduction is excluded as an employment service. Separately recorded professional or technical service fees fall outside the employment exclusion and are taxable under reverse charge.
Clarification on refund related issues
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Accumulated input tax credit refunds require supplier-uploaded invoices in GSTR-2A, while import, ISD and reverse-charge credits remain unaffected.
Refund of accumulated input tax credit is restricted to credit supported by invoices whose details have been uploaded by the supplier in FORM GSTR-1 and are reflected in the applicant's FORM GSTR-2A. This requirement modifies the earlier approach permitting refund claims on invoices absent from FORM GSTR-2A if invoice copies were uploaded. The restriction does not affect ITC relating to imports, Input Service Distributor invoices, or inward supplies liable to reverse charge; refund treatment for those categories continues on the prior basis.
Relaxation in timelines for compliance with regulatory requirements
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Extension of compliance timelines for intermediaries extends multiple reporting and certification deadlines and limited exemptions.
SEBI extends timelines for compliance by trading members, clearing members and depository participants: key reporting and certification obligations - including client funding reporting, AI/ML reporting, margin trading compliance certificates, internal audit and net worth certificates, call recordings, enhanced supervision submissions and KYC uploads to KRA systems - are deferred, generally to July 31, 2020; PAN updates for key personnel are allowed three months from the due date. Other conditions of the prior circulars continue to apply and exchanges, clearing corporations and depositories must disseminate these extensions.
Declaration of Sonamura, Jogigopha and Badarpur 'Port of Call/ Extended Port of Call' under PIWT&T as Customs notified port
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Ports of Call designation expands notified inland water routes and adds specific ports for customs transit.
Declaration adds Sonamura and Jogigopha as Ports of Call and Badarpur as an Extended Port of Call under the Protocol on Inland Water Transit and Trade, revises the Protocol route matrix to include these ports across specified route segments, and furnishes the consolidated list of bilateral Ports of Call and Extended Ports of Call under Article 11, indicating the locations where customs formalities for PIWT&T traffic may be processed.
Clarification in respect of levy of GST on Director's remuneration
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Reverse charge on director remuneration: companies must pay GST where directors provide services but are not employees.
Independent directors and other directors who are not employees provide services outside Schedule III and their remuneration is taxable, with the company required to discharge GST under the reverse charge mechanism. For directors who are employees, amounts treated as salaries and subjected to TDS under section 192 are within Schedule III and not taxable, while amounts classified as professional or technical fees and subjected to TDS under section 194J are outside Schedule III and taxable on reverse charge.
Clarification on refund related issues
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Refund of Input Tax Credit restricted to supplier uploaded invoices reflected in GSTR 2A, imports and RCM unaffected.
Refund of accumulated Input Tax Credit shall be restricted to ITC recorded on invoices uploaded by the supplier in FORM GSTR-1 and reflected in the applicant's FORM GSTR-2A; refunds based on missing invoices uploaded by the applicant are no longer admissible. This restriction does not affect refunds for ITC on imports, ISD invoices, or inward supplies liable to reverse charge, whose treatment remains as before. The Circular is clarificatory and parties may report implementation difficulties to the Commissioner.
24/2020 - 19-06-2020 Companies Law
Clarification with regard to creation of deposit repayment reserve of 20% u/s. 73 (2) (C ) of the Companies Act 2013 and to invest or deposit 15% of amount of debentures u/r.18 of Companies (Share capital and Debentures) Rules 2014 - COVID-19 -Extension of time
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Deposit and debenture reserve compliance extended due to COVID 19, with other regulatory requirements remaining unchanged.
Extension permits additional time for companies to create the deposit repayment reserve and to make the required investment or deposit for debentures as specified in the earlier circular; this relief responds to COVID 19 related compliance difficulties. The extension is limited to the matters identified in the earlier circular's specified paragraphs and all other regulatory requirements remain unchanged.
Clarification in respect of various measures announced by the Government for providing relief to the taxpayers in view of spread of Novel Corona Virus (COVID- 19)
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GST interest relief and late fee waiver for delayed returns were clarified for COVID-19 affected taxpayers.
Relief measures for GST taxpayers affected by COVID-19 were clarified by modifying the earlier circular to align with subsequent Government notifications and GST Council recommendations. The clarification explains the revised treatment of interest on delayed GST return filing and conditional waiver of late fee for FORM GSTR-3B and FORM GSTR-1, with the position varying according to aggregate turnover and the relevant tax period. It also states that late fee waiver is conditional upon filing returns by the prescribed dates, failing which late fee applies from the original due date until filing.
Clarification in respect of levy of GST on Director's remuneration
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Director remuneration and GST liability depend on employment status and whether payment is salary or professional fees.
GST on director remuneration depends on whether the director is an employee and on the nature of the payment. Remuneration to independent directors or other non-employee directors is taxable as consideration for services outside Schedule III and is payable by the company under reverse charge. Where a director is also an employee, salary amounts recorded as salary and subjected to TDS under section 192 are not taxable under GST, while separately booked professional or technical subjected to section 194J are taxable on reverse charge basis.
Clarification on Admissibility of Refund of Accumulated ITC in Respect of Invoices Not Reflected in FORM GSTR-2A and Treatment of Imports, ISD, and RCM Credits
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Refund of Accumulated Input Tax Credit now limited to invoices reflected in supplier GSTR filing; imports, ISD and RCM unaffected.
Refund of accumulated Input Tax Credit shall be restricted to ITC supported by invoices the supplier has uploaded in FORM GSTR-1 and which are reflected in the applicant's FORM GSTR-2A; this modifies prior guidance allowing applicant-uploaded invoices. The circular expressly excludes ITC on imports, ISD invoices and inward supplies liable to Reverse Charge from this restriction, preserving their pre-existing refund treatment.
Regarding the due service of notices/orders/demand notices/memoranda.
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Due service of tax notices requires recorded recipient details, sequential substituted service, and reasoned ex parte assessments.
Due service of tax notices requires recorded particulars of the recipient and serving officer, use of the latest registered address, and a sequential process of registered post followed by affixation where service remains unsuccessful. Service following partition, dissolution, or business discontinuance must be made on the specified former responsible person, partner, member, or principal officer. Ex parte orders must record the service status of earlier notices, and assessment orders must be speaking orders explaining reasons for allowing or disallowing input tax.
23/2020 - 17-06-2020 Companies Law
Scheme for relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013
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Relaxation of charge filing timelines for CHG 1 and CHG 9 permits excluded COVID period reckoning and adjusted fee computation.
Temporary relief excludes the period from 1 March 2020 to 30 September 2020 (or from the charge date to 30 September 2020) from reckoning the statutory filing period for Form CHG-1 and Form CHG-9; if not filed within the excluded period counting resumes from 1 October 2020. Fee treatment: pre March charge filings on or before 30 September 2020 pay fees as on 29 February 2020, thereafter fees are computed by adding days from 1 October 2020 plus the period lapsed until 29 February 2020; post March charges filed before 30 September 2020 pay normal fees, otherwise counting for fees begins effectively from 1 October 2020. Certain filings are excluded from the Scheme.
Clarification in respect of levy of GST on Director's remuneration
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GST on director's remuneration: non employee directors' fees taxable under reverse charge; salaries not taxable.
Remuneration to non employee directors, including independent directors, is taxable and the company must pay GST under reverse charge. For directors who are employees, amounts recorded as salaries (with TDS under salary provisions) fall outside GST by virtue of Schedule III, while amounts separately treated as professional or technical fees (with TDS under professional fees provisions) are taxable and subject to reverse charge by the company.
Clarification on refund related issues
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Refund of accumulated input tax credit restricted to invoices reflected in GSTR-2A; exceptions for imports, ISD and RCM.
Refund of accumulated Input Tax Credit is restricted to ITC supported by invoices uploaded by the supplier in FORM GSTR-1 and reflected in the recipient's FORM GSTR-2A; this modifies earlier guidance that allowed refunds based on missing invoices uploaded by the applicant. The restriction does not affect refund treatment of ITC on imports, credits from an Input Service Distributor, or inward supplies liable to the Reverse Charge Mechanism, which continue to be treated as before.
Clarification in respect of levy of GST on Director’s remuneration
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GST on director remuneration: non employee directors' fees taxable and company must discharge GST under reverse charge.
Remuneration paid to directors who are not employees, including independent directors, is taxable and the company must discharge GST on it under the reverse charge mechanism. For directors who are employees, amounts treated and recorded as salaries are outside GST under Schedule III, while amounts separately identified as professional or technical fees are taxable and chargeable to GST on the company under reverse charge.
Clarification on refund related issues
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Refund of accumulated Input Tax Credit restricted to invoices reflected in GSTR-2A; imports and RCM credits unaffected.
Refund of accumulated Input Tax Credit is limited to ITC supported by invoices uploaded by the supplier in FORM GSTR-1 and reflected in the applicant's FORM GSTR-2A; refunds based on invoices uploaded by the applicant with the claim are no longer admissible. This restriction does not alter refund treatment for ITC on imports, ISD credits, and inward supplies subject to the Reverse Charge Mechanism, which continue under the prior practice.
SGSTDK- Submission of correct return under GST
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Correct GST Input Tax Credit reporting ensures proper IGST fund apportionment and requires amending prior returns where necessary.
Taxpayers must accurately report eligible ITC, reversals and ineligible ITC in Table 4 of GSTR-3B so GSTN settlement and IGST apportionment reflect true figures. Reversals under the applicable rules go in Table 4(B)(1), other reversals in 4(B)(2), total eligible ITC (including amounts subject to reversal but excluding ineligible credit) in 4(A), ineligible or blocked credits in 4(D), and Table 4(C) equals 4(A) minus 4(B). Prior omissions must be corrected in GSTR 9 or specified GSTR 3B periods as directed.
Clarification in respect of levy of GST on Director's remuneration.
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GST on director remuneration: non employee director services and non salary fees attract tax on reverse charge.
Payments to directors who are not employees are taxable and must be discharged by the company on reverse charge; for director employees, amounts recorded as salary and subjected to salary TDS are excluded under Schedule III, whereas amounts recorded and taxed as professional or technical fees are taxable and subject to reverse charge by the company.

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Clarification on dispatch of notice under section 62(2) of Companies Act, 2013 by listed companies for rights issue opening upto 31st July, 2020

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Dispatch of notice under section 62(2): failure to post rights issue notices not treated as violation if SEBI circular complied.
Listed companies conducting rights issues opening up to 31st July, 2020, that comply with the SEBI circular of 6th May, 2020, will not be regarded as ... Summary

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Acts Income Tax