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Circulars
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Clarification regarding rate of tax applicable on construction services provided to a Government Entity, in relation to construction such as of a Ropeway on turnkey basis
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GST rate classification: ropeway construction for tourism supplied to a government entity attracts the standard GST rate instead of concessional rate.
Construction of a ropeway supplied to a Government Entity does not qualify for the concessional 12% rate under entry No. 3(vi) when the structure is for commercial or tourism use; such projects are not covered by entries 3(iv) or 3(v) and instead fall under entry No. 3(xii), attracting an 18% GST rate under the Uttar Pradesh notification.
Clarification regarding GST on supply of various services by Central and State Board (such as National Board of Examination)
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GST exemption on board-conducted examinations clarified; entrance fees and related input services are non-taxable, while accreditation services attract tax.
GST is exempt on services supplied by Central and State Boards (including bodies like the National Board of Examination) when those services consist of the conduct of examinations for students, including entrance examinations, and therefore fees charged for such examinations are not taxable. Input services supplied to such Boards relating to admission or conduct of examinations (such as online testing, result publication, printing of notifications, admit cards and question papers) are also exempt when provided to the Boards. Other services by the Boards, notably accreditation or registration services, are taxable.
Clarification regarding applicability of GST on the activity of construction of road where considerations are received in deferred payment (annuity)
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GST exemption on annuity payments applies to access services, not to annuities for road construction services.
Services providing access to a road or bridge are exempt when consideration is annuity under the notification entry for supporting transport services (heading 9967), but construction of roads is classified as general construction services (heading 9954), and the access-service exemption does not apply to construction even if payment is deferred; consequently annuity payments for road construction are not exempt from GST.
Clarification regarding applicability of GST on supply of food in Anganwadis and Schools
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GST exemption for catering services to educational institutions applies regardless of funding, covering mid day meals and anganwadis.
Catering services to educational institutions, including mid-day meal schemes, are exempt from GST under Entry 66(b)(ii) of the Uttar Pradesh notification. The scope includes pre-schools and schools; anganwadis qualify as educational institutions. The exemption applies regardless of funding source, whether government grants or corporate donations, and covers serving of food to schools and anganwadis.
Standard Operating Procedure (SOP) for implementation of the provision of extension of time limit to apply for revocation of cancellation of registration under section 30 of the UPSGST Act, 2017 and rule 23 of the UPSGST Rules, 2017
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Extension of time to seek revocation of cancelled GST registration: administrative extensions allowed with recorded reasons and possible hearing.
The SOP prescribes that where an applicant files for revocation of cancellation beyond 30 days but within 90 days, the proper officer will forward a written or e mail request with grounds to the Joint Commissioner (Executive) for consideration; the Joint Commissioner may grant up to 30 days' extension with reasons recorded or grant a personal hearing before deciding. An analogous procedure applies for the subsequent 30 day extension by the Additional Commissioner Grade 1. The manual procedure operates until an electronic GSTN functionality for FORM GST REG 21 is developed.
Guidelines for provisional attachment of property under section 83 of the UPSGST Act, 2017
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Provisional attachment of property: guidelines limit scope, require proportionate security, defined procedures and release safeguards.
Provisional attachment under section 83 permits temporary attachment of property, including bank accounts, during specified GST proceedings when the Commissioner, on reasoned grounds, considers it necessary to protect Government revenue. Attachment must be proportionate to estimated revenue, favor immovable property, avoid hampering normal business, allow substitution of acceptable immovable security, cease after one year or upon FORM GST DRC-23, permit objections with hearing, and follow special rules for perishable or hazardous property; properties exempt under the Code of Civil Procedure remain excluded.
Clarification regarding extension of limitation under GST Law in terms of Hon’ble Supreme Court’s Order dated 27-04-2021
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Extension of limitation periods: appeals and other judicial or quasi judicial GST proceedings are covered, routine actions are not.
Extension of limitation periods applies only to judicial and quasi judicial proceedings such as appeals, reviews and revisions; tax authorities may continue to hear and dispose such matters and timelines for filing appeals against quasi judicial orders are extended in accordance with the judicial order. Non judicial actions - including original adjudication, investigations, scrutiny, issuance of summons, arrests, show cause notices and routine taxpayer compliances - are not covered by that extension and remain subject to statutory time limits and any specific statutory extensions.
14/2021 - 25-08-2021 Companies Law
Frequently Asked Questions (FAQs) on Corporate Social Responsibility (CSR)
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Corporate Social Responsibility compliance: clarified obligations on applicability, spending, implementation, monitoring and penalties including impact assessment.
The circular clarifies that CSR obligations under Section 135 apply company specifically where net worth, turnover or net profit thresholds are met; the Board must ensure at least two percent average net profit spending (computed on profit before tax with section 198 adjustments), constitute and rely on a CSR Committee as required, and disclose policy and utilisation. Administrative overheads are capped at five percent of CSR spend; implementing agencies must meet registration criteria and register on MCA21 from 1 April 2021. Unspent amounts for ongoing projects must be transferred to a separate "Unspent CSR Account" and non ongoing unspent amounts to Schedule VII funds within prescribed timelines. Impact assessment, monitoring, mandated filings and civil penalties for transfer defaults are detailed.
Regarding special investigation during the transportation of Mentha Oil and Menthal
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Special investigation campaign targets mentha oil transport with enforcement based on VAT MIS and e-waybill analysis.
The circular mandates a seasonally timed special investigation campaign against irregular transportation of Mentha Oil and Menthal, directing zones to identify main and alternative routes, deploy mobile enforcement units, and base operations on coordinated analysis of VAT MIS, e-way bill and GST portal data to detect and intercept irregular consignments.
Exim Bank's Government of India supported Line of Credit (LoC) of USD 20.51 million to the Government of the Republic of Guinea
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Line of Credit conditions for export financing to Guinea require majority Indian sourcing and set a fixed terminal utilisation period.
Government-supported Line of Credit to Guinea authorises Exim Bank to finance eligible exports for hospital construction and upgradation, requiring that a majority of contract value be supplied from India and that shipments be declared in the Export Declaration Form. No agency commission is payable from the LoC; exporters may pay commission from their own resources or Exchange Earners' Foreign Currency Account subject to realisation and extant rules. Authorised Dealer Category-I banks must inform exporters, permit remittance after full realisation, and seek LoC details from Exim Bank. The circular is issued under FEMA and without prejudice to other legal permissions.
Exim Bank's Government of India supported Line of Credit (LoC) of USD 170 million to the Government of the Republic of Guinea
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Line of Credit terms require majority India sourcing, EDF shipment declaration and FEMA based compliance for supported exports.
Exim Bank's Government of India supported Line of Credit to Guinea finances eligible exports under India's Foreign Trade Policy, requires a substantial majority of goods, works and services to be sourced from India, mandates shipment declaration in the Export Declaration Form, prohibits payment of agency commission from the LoC while permitting exporter-funded or EEFC-funded commission remittances after realisation, and directs Authorised Dealer Category I banks to facilitate filings and ensure compliance with directions issued under the Foreign Exchange Management Act.
Exim Bank's Government of India supported Line of Credit (LoC) of USD 20.22 million to the Government of the Republic of Guinea
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Line of Credit financing requires majority sourcing from domestic suppliers and EDF shipment declarations for exports.
Government-supported Line of Credit finances specified solar projects subject to export eligibility under the Foreign Trade Policy, a sourcing requirement that at least 75 percent of contract value be supplied from India with up to 25 percent procured abroad, declaration of shipments in the Export Declaration Form, and a terminal utilization period of 60 months from scheduled project completion. No agency commission is payable under the LoC, though exporters may remit commission from their own resources or EEFC balances after realisation, with AD Category I banks complying with extant instructions.
Safe Deposit Locker/Safe Custody Article Facility provided by the banks - Revised Instructions
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Safe deposit locker rules: updated CDD, security standards, nomination and 15 day claim settlement requirements.
Revised regulatory instructions require banks to apply Customer Due Diligence per KYC for locker hirers, maintain transparent allotment with CBS based vacancy and wait lists, adopt Board approved locker agreements, and follow specified rent, relocation and refund rules. Security standards mandate single point vault access, CCTV retention, BIS and Cyber Security Framework compliance for mechanical and electronic lockers, and protection of customer data. Operational controls include visitor logs, privacy during access, alerts to customers, master key custody and surprise verifications. Nomination, inventory and claim settlement procedures require prescribed forms, inventories with witnesses, 15 day settlement on proof of death, SOPs for break open, attachment, disposal and Board approved liability and insurance policies.
Filling of online return for first quarter of 2021-22-extension of thereof.
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Extension of return filing deadline for VAT returns: online filing allowed, payment obligations unchanged; digital-signature filers exempted from hard copy.
The Commissioner has extended the last date to file first-quarter VAT returns for 2021-22 in Forms DVAT-16, DVAT-17 and DVAT-48 with annexures to the specified extended date. Tax payment obligations remain unchanged and must be paid in the usual manner under the Delhi VAT framework. Dealers filing returns with a digital signature need not submit a hard copy of the return/Form DVAT-56.
Procedure and Criteria for submission and approval of applications for export of COVID-19 Rapid Antigen Testing kits
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Export controls on COVID-19 rapid antigen kits: licensing required with application window, quota allocation, and documentary eligibility.
Export authorization for COVID-19 Rapid Antigen Testing kits is subject to a fixed quota and must be sought online through the DGFT ECOM system within the prescribed application window; export licences, if granted, will be valid for six months and applications will be examined per the Handbook of Procedures. Eligibility requires documentary proof of manufacture, supporting purchase orders or invoices, and a manufacturer's undertaking certifying that domestic commitments have been fulfilled. All documents must be self attested and incomplete or late applications will not be considered.
Penalty for Repeated Delivery Default
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Repeated delivery default penalty: additional sanction for each repeat default, penalty proceeds transferred to settlement guarantee fund.
SEBI mandates that a repeated delivery default-defined as three or more defaults on delivery obligations within a rolling six month period-attracts an additional penalty calculated as a proportion of the delivery default value; penalty proceeds must be transferred to the Clearing Corporation's Settlement Guarantee Fund and the measure becomes effective one month after the circular's issuance.
Instructions and clarifications by Directorates/Commissionerates/Audit: Scope of Section 151 A of the Customs Act, 1962
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Exclusive Board authority under Section 151A: only the Board may issue binding classification and import export procedure clarifications.
Exclusive Board authority is affirmed for issuing instructions or clarifications that establish uniformity in classification of goods, levy of duty, or implementation of any provision of the Customs Act or other law relating to prohibitions, restrictions or procedures for import or export of goods under Section 151A. Directorates/Commissionerates/Audit may investigate and report on divergences, modus operandi and violations but must not issue interpretive or prescriptive communications on matters within the Board's remit and must obtain Board clearance where opinions conflict with Board instructions.
Verification of the Preferential Certificates of Origin and difficulties being faced by the trade in implementation of the Customs (Administration of Rules of Origin under Trade Agreements) Rules (CAROTAR), 2020
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Verification of Certificates of Origin requires concrete reasons for doubt and specific information requests before seeking external verification.
Verification under CAROTAR must be based on a proper officer's reasoned belief that originating criteria are unmet or a preferential claim is invalid; requests under Rule 6(1)(b) must state specific grounds and precise information required from the Verification Authority. Representative CoOs should be selected where multiple identical items are under review, and prior verifications of the same manufacturer's product may be applied to subsequent consignments unless there is reason to believe origin has changed. RMS interdiction alone does not justify verification; prescribed procedures, formats and timelines must be followed.
Regarding the ongoing special investigation campaign during the transportation of pan masala and raw materials and packing materials used in its manufacture
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GST enforcement targeting pan masala transport orders statewide vehicle inspections and e way bill verifications to curb tax evasion.
A statewide intelligence driven special investigation campaign targets vehicles transporting pan masala, supari and related raw and packing materials to counter identified GST evasion risks, bogus registrations and discrepancies between e way bill records and actual supplies. The campaign mandates vehicle inspections and targeted verification of e way bills while regular checks continue; zonal Additional Commissioners must submit daily progress reports in the prescribed format capturing trader details, GSTIN, goods, verified e way bill counts, contraventions, seized goods value, tax and penalty deposits, and referrals for advance investigation.
Implementation of GSTN BOWEB Portal Functionality for Non-Filer Monitoring and Discontinuation of Notices under Dealer Monitoring System (DMS)
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Automated GST return defaulter monitoring on BOWEB Portal replaces earlier notice issuance under the Dealer Monitoring System.
GSTN functionality on the BOWEB Portal provides an automated mechanism for monitoring return defaulters and initiating notice-based follow-up under Section 46. The system sends a Notice to Return Defaulter (GSTR-3A) automatically after six days from the due date for filing GSTR-3B, and tax officials can view the list of taxpayers to whom such notices have already been sent through the statutory functions and quick links available on the portal. The portal also enables identification of non-filers after notice and initiation of assessment of non-filers through the BOWEB interface.

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Clarification regarding extension of time limit to apply for revocation of cancellation of registration in view of Notification (18/2021) No. FD 16 CSL 2021 dated: 01.09.2021

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Extension of revocation filing deadline allows late applications and reconsideration despite earlier rejections under procedural conditions
The notification extends the final date to apply for revocation of cancellation of registration to 30th September 2021 for cases with original filing due ... Summary

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Acts Income Tax