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Circulars
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Writ petitions filed in various High Court(s) related to transitional provisions in GST
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Transitional input tax credit: statutory concession subject to prescribed time and manner; limited portal error relief via IT grievance process.
The GST Policy Wing directs field formations to adopt its consolidated position that transitional CENVAT/input tax credit is a statutory concession subject to prescribed time and manner; Rule 117 and Rule 120A are valid rule making exercises under the CGST Act; limited relief for non filing due to portal technical difficulties is available through the IT Grievance Redressal mechanism based on system logs; cesses are not eligible for transition; and CVD/SAD paid on conditional imports are not admissible as input tax credit under Section 142(8)(a).
Reference form DGGI on Cross empowerment under GST
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Cross-empowerment of tax officers confirms central and state officers may act as proper officers unless conditions are imposed.
Officers appointed under the State GST Acts and the Central GST Act are authorised to be proper officers for purposes of the respective Acts without a separate notification where no conditions are imposed; a notification is required only to specify conditions limiting or qualifying that cross-empowerment, and subordinate legislation can only impose such conditions, not expand the statutory authority.
Constitution of regular panel of Senior/Junior Standing Counsels for handling cases of Indirect taxation of CBIC before the various High Courts and other fora; Renewal/Fresh appointment of Counsels
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Extension of counsel panel for indirect taxation maintains current standing counsels until a fresh panel is constituted.
The existing panel of Senior and Junior Standing Counsels for indirect taxation matters before High Courts and other fora is provisionally extended, with ministerial approval, for a short specified period pending constitution of a fresh panel; administrative units handling Central GST, Central Excise and Customs are notified to continue engagements under existing terms until the new panel is formed or the extension expires.
Clarification in respect of apportionment of input tax credit (ITC) in cases of business reorganization under section 18 (3) of BGST Act read with rule 41(1) of BGST Rules - reg.
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Input tax credit apportionment in business reorganisations follows State-level asset ratios and aggregate credit transfer through prescribed filing.
In a demerger, input tax credit is apportioned by the ratio of assets transferred to the assets of the relevant State-level unit, with all business assets included in asset value. The formula applies to aggregate unutilised credit, including central tax, State or Union territory tax, integrated tax and cess, and also extends to partial business transfers with liabilities. The asset ratio is determined on the appointed date of demerger and applied to the electronic credit ledger balance on the date FORM GST ITC-02 is filed.
Clarification in respect of appeal in regard to non-constitution of Appellate Tribunal
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GST appellate tribunal non-constitution permits appellate authorities to decide pending appeals, with tribunal limitation deferred until presidential appointment.
Appeals against adjudication orders under the BGST Act lie before the prescribed Appellate Authority. Non-constitution of the Appellate Tribunal does not justify keeping such appeals pending. Tribunal appeal limitation runs from the later of communication of the appellate order or the date on which the President or State President enters office. The applicable period is three months for an aggrieved person and six months for Government appeals. Appellate Authorities may record this position in their orders and should dispose of pending appeals expeditiously.
Clarification on refund related issues. (Ref: CBIC Circular No. 135/05/2020- GST dated 31.03.2020)
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GST refund claims may span financial years, while ITC refunds require reflected invoices and preserve the original payment mode.
GST refund claims may club successive tax periods across different financial years where otherwise eligible. Accumulated ITC refund under the inverted duty structure is unavailable when input and output supplies are the same goods despite a later GST rate reduction. For tax refunds other than zero-rated supplies or deemed exports, cash-paid tax is refunded in cash and credit-ledger-paid tax is re-credited as ITC. Accumulated ITC refunds are restricted to supplier-uploaded invoices reflected in FORM GSTR-2A, and applicants must state invoice HSN/SAC details where applicable.
Paperless Customs – Electronic Communication of PDF Based Copies of Shipping Bill & e-Gatepass to Custom Brokers/Exporters
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Digital Shipping Bill: electronic Final LEO and e-Gatepass PDFs with QR authentication replace printed shipping documents for exports.
Board directs that w.e.f. 22.06.2020 only the digital PDF copy of the Shipping Bill bearing the Final LEO will be electronically transmitted to registered customs brokers and exporters, discontinuing routine printing and physical docket retention. The electronic Final LEO includes a digitally signed, encrypted QR code with key shipment details and a version number for authenticity checks; custodians integrated with ICEGATE will receive LEO messages. Separately, the e-Gatepass PDF will be emailed to registered parties, use document- and container-level QR codes, and be generated at LEO or after receipt of container stuffing information as applicable.
Procedure for Transhipment of Export Cargo from Bangladesh to third countries through Land Customs Stations (LCSs) to Port / Airport, in containers or closed bodied trucks
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Transhipment of export cargo via land customs stations continues under specified procedural framework, pending SCMTR implementation.
Transhipment of export cargo from Bangladesh via designated Land Customs Stations to specified ports and aircargo complexes continues under Circular 42/2018-Customs procedures for identified road and rail routes until the Sea Cargo Manifest and Transhipment Regulations are implemented, after which SCMTR procedure will apply. An additional Petrapole-to-Delhi Air Cargo road route is authorized under the same procedure. SCMTR prescribes a transhipment form, mandates carrier track-and-trace and sealing obligations for land transhipment, and carriers may use the existing Electronic Cargo Tracking System and ECTS seals provided under a pilot program.
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.

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Additional relaxation in relation to compliance with certain provisions of SEBI (Listing Obligations and Disclosure Requirements) Regulations 2015 – Covid-19 pandemic

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Relaxation of listing obligations permits electronic AGMs and waives physical annual report and proxy requirements during the pandemic.
SEBI relaxes specified LODR compliance for calendar year 2020 by permitting AGMs by electronic mode and dispensing with the physical dispatch of annual ... Summary

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Acts Income Tax