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GST on service supplied by restaurants through e-commerce operators
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E-commerce operator liability to pay GST on restaurant services shifts invoicing and cash-payment obligations to the operator.
E-commerce operators are liable to pay GST on restaurant services supplied through their platforms under section 9(5); when ECOs pay such tax they need not collect TCS or file GSTR-8 for those services. ECOs must pay GST on restaurant services in cash and will issue invoices for such services; they may not use ITC to discharge that liability, though they remain eligible to claim ITC on their own inputs and are not required to reverse ITC because they pay tax under section 9(5).
Order for Training/Briefing Session of Newly Joined Proper Officers and GSTOs on GSTN Portal BO Module
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GSTN Back Office Module training covers registration, refunds, return scrutiny, tax determination, and assessment procedures for newly joined officers.
Training and briefing for newly joined Proper Officers and GSTOs is scheduled online on the GSTN portal BO Module. Coverage includes registration processing, Aadhaar authentication, field visits, core amendments, suo motu registration and cancellation, authorised-signatory updates, refund processing, RFD-01 applications, PMT-03 re-credit, RFD-07A and RFD-07B orders, and ICEGATE validation. Assessment training includes return scrutiny, tax determination, DRC-07 summary orders, DRC-03 voluntary payment, assessment of unregistered persons and non-filers, summary assessment, and tax collected but not deposited.
Guidelines for Recovery from the business entities facing proceedings under Insolvency and Bankruptcy Code, 2016 (IBC).
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IBC recovery compliance requires ward-level adherence to established guidelines and monthly reporting on insolvency cases.
Recovery from entities facing proceedings under the Insolvency and Bankruptcy Code, 2016 must follow established recovery guidelines. Relevant wards must examine and take timely action on insolvency-related cases already forwarded to them. Ward in-charges are required to ensure strict compliance with the recovery framework and submit monthly action-taken reports through their respective zonal in-charges to the Law and Judicial Branch.
Mechanism for filing of refund claim by the taxpayers registered in erstwhile Union Territory of Daman & Diu for period prior to merger with U.T. of Dadra & Nagar Haveli.
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Refund mechanism for merged GSTINs allows filing under 'Any other' from new GSTIN with specified debit procedure.
Affected taxpayers may file refund claims from their new GSTIN under the "Any other" category, stating in Remarks the actual refund category and attaching required supporting documents; initial filing need not debit the electronic credit ledger. The proper officer will calculate admissible refund, verify completeness and eligibility, request a written debit from the electronic credit ledger if payable, and upon proof of debit issue refund and payment orders. Refunds requiring ledger debit or re-credit shall not be filed using the old GSTIN.
Clarification on certain refund related issues-reg
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Electronic cash ledger refunds remain available without filing limitation or unjust-enrichment certification for unutilised balances.
Excess electronic cash ledger balance may be refunded without applying the period for filing refund applications or requiring certification or declaration on non-passing of tax incidence. TDS/TCS credited to the electronic cash ledger is treated as cash deposited and need not be used exclusively for tax liability; unutilised balances remaining after payment of dues may be claimed as refund. For deemed export tax refunds, the relevant date is the date on which the supplier files the return relating to the supplies, whether the claim is filed by the supplier or recipient.
GST on service supplied by restaurants through e-commerce operators
Show AI Summary
Restaurant services through e-commerce operators shift GST payment, invoicing and return reporting responsibilities to the operator.
GST liability for restaurant services supplied through e-commerce operators is discharged by the operator under section 9(5). The operator need not collect tax at source or file GSTR-8 for these services, but continues to collect tax at source on supplies not notified under section 9(5). No separate registration is required. The operator issues the invoice and must pay the restaurant-service tax liability entirely in cash without using input tax credit, while retaining credit on inputs used for its own platform services.
Clarification regarding extension of time limit to apply for revocation of cancellation of registration in view of Notification No. 1216/XI-2-21-9(47)/17-U.P.Act-1- Order-(214)-2021 Dated 20.12.2021
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Extension of time for revocation of registration: deadline extended with specified transitional and administrative extension rules.
The notification extends the time for filing applications for revocation of cancellation of registration to 30th September, 2021 where the original due date fell between 1 March, 2020 and 31 August, 2021, for cancellations under clause (b) or (c) of sub section (2) of section 29. The extension applies irrespective of application status (not filed, pending, rejected, on appeal or rejected on appeal). It also clarifies how administrative extensions available under the proviso to sub section (1) of section 30 operate in three scenarios depending on whether 30, 60 or 90 days had elapsed by 31 August, 2021.
GST on service supplied by restaurants through e-commerce operators
Show AI Summary
GST liability on restaurant services supplied through e-commerce operators shifts to the operator; invoices issued and cash payment required.
E-commerce operators are liable to pay GST on restaurant service supplied through their platforms; they must issue invoices and discharge that tax liability in cash. ECOs need not collect TCS or file GSTR-8 for restaurant services on which they pay tax, though TCS continues for other supplies not notified under section 9(5). ECOs need no separate registration to pay tax under section 9(5), remain liable even for supplies by unregistered restaurants, must include such supplies in restaurant aggregate turnover, and should not treat them as inward supplies for reverse charge. ITC cannot be used to pay GST on those restaurant services, but ECOs need not reverse ITC otherwise.
Instructions regarding review of pending assessment/reassessment cases under stay orders and expeditious action for vacating such stays under a time-bound campaign mode
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Stay order review in pending tax assessments requires time-bound verification, early hearing requests, and coordinated action to vacate stays.
Instructions were issued for a time-bound review of pending assessment and reassessment cases stalled by subsisting court stay orders. Assessing officers were required to identify such cases, update the status of each order, dispose of matters already decided by the court, and pursue vacation of continuing stays through the Department's High Court and Supreme Court cells. A tiered verification and reporting process was prescribed, and appellate work wings were directed to file early hearing or similar applications and ensure completion of action within the campaign period.
Regarding disposal of registration application.
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GST registration applications require disposal only on prescribed documents, with proper consideration of premises-specific proof and Form GST REG-01 requirements.
Registration applications under the U.P. GST framework must be disposed of in accordance with Section 25 of the GST Act, Rules 8 and 9, Form GST REG-01, and issued instructions. The prescribed documents vary by premises: property tax receipt, municipal account copy, or electricity bill for own premises; rent or lease agreement with ownership proof for rented premises; consent letter with ownership proof for other or shared premises; affidavit with possession proof where no rent or lease agreement exists; and specified Government of India documents for SEZ cases, along with bank-account certificates and separate authorization letters.
GST on service supplied by restaurants through e-commerce operators
Show AI Summary
E-commerce operators liable for GST on restaurant services, must pay tax in cash and issue invoices for those supplies.
E-commerce operators are liable to pay GST on restaurant services supplied through their platforms and must discharge that GST in cash; they need not collect TCS or file TCS returns for those restaurant-service supplies, may continue to claim and use ITC for their own inputs but cannot utilize ITC to pay the GST liability on restaurant services, and must issue invoices for restaurant services. ECOs need not take separate registration for this purpose, are liable even for supplies by unregistered vendors, and should report such supplies in GSTR-3B and appropriate GSTR-1 tables.
GST on service supplied by restaurants through e-commerce operators
Show AI Summary
E commerce operator liability to pay GST on restaurant services shifts to operator; TCS collection and invoice rules modified.
E-commerce operators must pay GST on restaurant services supplied through their platforms, replacing the restaurant supplier as the person liable for tax; they need not collect tax at source for those supplies nor obtain separate registration, and remain liable even if the supplier is unregistered. Restaurant service values must be included in the supplier's aggregate turnover. ECOs are not recipients for reverse charge, may claim ITC for their own operations but must pay GST on restaurant services in cash without using ITC, and should issue invoices and report these supplies in prescribed return tables.
GST on service supplied by restaurants through e-commerce operators
Show AI Summary
E-commerce operator liability: ECOs must pay GST on restaurant services and cannot use input tax credit for that payment.
Supply of restaurant services through electronic commerce operators is taxed such that the ECO is liable to pay GST on those services, will not collect TCS for those taxed services, must pay GST in cash without utilizing ITC for that payment, need not obtain separate registration, must issue invoices for those services, and should report them in returns as outward taxable supplies while restaurants include the value in their aggregate turnover.
Grant of DGST Reimbursement on Cinema Admission Services for Film “83”
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DGST reimbursement for film admissions requires tax-free tickets, tax deposit, verification, and compliance with pricing conditions.
Delhi GST/SGST deposited on admission services for exhibition of the film "83" may be reimbursed where multiplexes and cinema halls do not charge SGST from viewers, retain prevailing admission fees and seating capacity, and mark tickets to show that SGST has not been charged. Operators must deposit the tax through separate challans and apply to the Proper Officer in the prescribed form with challan copies and details of admissions and tax deposited. Reimbursement follows verification, is subject to fund availability, and excludes tax already collected from viewers.
Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 45th meeting held on 17th September, 2021 at Lucknow
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GST classification and rates clarified: reclassification of seeds, copra, henna, reagents and packaging with specified tax treatments.
Clarifies GST classification and rates: fresh fruits/nuts exempt only if supplied unprocessed; seeds under heading 1209 taxable at 5% when not for sowing; copra excluded from coconut exemption and taxed at 5%; pure henna powder/leaves at 5%; scented sweet supari and flavored/coated cardamom products at 18%; Brewers' spent grain and analogous residues under heading 2303 at 5%; all goods under heading 3006 at 12%; all reagents under heading 3822 at 12%; original DGH essentiality certificate acceptable for inter state stock transfers; external batteries and UPS taxed separately; renewable energy projects valuation 70:30 applied for past period without refunds; fibre drums uniformly at 18% going forward.
GST on service supplied by restaurants through e-commerce Operators
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E-commerce operator GST liability: ECO must pay GST on restaurant services supplied through its platform, not collect TCS.
E-commerce operators are liable to pay GST on restaurant services supplied through their platforms under section 9(5); they need not collect TCS or file GSTR-8 for such services, must issue invoices for restaurant services, and may not use input tax credit to discharge the GST on those restaurant services though they retain ITC eligibility for their own inputs. Aggregate turnover of suppliers must include supplies made through ECOs, and ECOs should report these supplies in existing GST returns as outward taxable supplies.
Implementation of Hon’ble High Court Judgment dated 15.09.2021 regarding filing of TRAN-1/TRAN-2 and subsequent procedural directions in light of GSTN instructions
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Transitional credit filing directions clarify physical TRAN-1/TRAN-2 verification, correction, and GSTN transmission for glitch-affected taxpayers.
Direction for implementation of the High Court's order on late filing of TRAN-1/TRAN-2 by taxpayers affected by technical glitches. Jurisdictional Authorities must receive physical TRAN-1/TRAN-2, prepare a report under section 140 and Rule 117, allow a single correction opportunity where objections arise, and forward the verified papers to GSTN within the prescribed timelines. The mechanism is to be used only once, and filings made under it are not to be treated as time-barred.
Standard Operating Procedure (SOP) for implementation of the provision of suspension of registrations under sub-rule (2A) of rule 21A of DGST Rules. 2017
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GST registration suspension requires electronic notice, taxpayer response, and officer review before cancellation or restoration of registration status.
Suspension of GST registration applies where return comparisons or other analysis disclose significant discrepancies or anomalies indicating contraventions that may lead to cancellation. The taxpayer receives electronic intimation and must reply online within thirty days in FORM GST REG-18, explaining the discrepancies and evidencing compliance. After examining the reply or upon expiry of the response period, the proper officer may drop the proceedings in FORM GST REG-20 or cancel registration in FORM GST REG-19. Suspension may be revoked on a prima facie satisfactory reply while verification and recovery action continue.
GST on service supplied by restaurants through e-commerce operators
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GST liability on restaurant service now rests with e-commerce operators, who must pay tax in cash and issue invoices.
From 1 January 2022, GST on restaurant service supplied through an e-commerce operator is payable by the ECO in cash under section 9(5). ECOs paying this tax need not collect TCS or file GSTR-8 for those services, may not use ITC to discharge the cash liability, and must issue the invoice for such restaurant services. ECO liability covers supplies by unregistered restaurants, and restaurants must include ECO-mediated supplies in their aggregate turnover; ECOs should report and pay these taxes in GSTR-3B and the appropriate tables of GSTR-1 for the time being.
GST on service supplied by restaurants through e-commerce operators
Show AI Summary
E-commerce operators liable to pay GST on restaurant service; TCS collection ceases for those supplies and ITC cannot be used.
E-commerce operators must pay GST in cash on Restaurant Service under section 9(5) supplied through their platforms from 1 January 2022; they need not collect TCS or file GSTR-8 for those restaurant services, but TCS continues for other supplies. ECOs already registered need not obtain separate registration; ECOs are liable even for services supplied by unregistered restaurants. The supplier must include such supplies in aggregate turnover, ECOs must issue invoices for restaurant services, and report them as outward taxable supplies in GSTR returns for the time being.

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GST on service supplied by restaurants through e-commerce operators

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E-commerce operators liable to pay GST on restaurant service; TCS collection ceases for those supplies and ITC cannot be used.
E-commerce operators must pay GST in cash on Restaurant Service under section 9(5) supplied through their platforms from 1 January 2022; they need not ... Summary

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Acts Income Tax