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Circulars
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Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for FY 2017-18 and 2018-19
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Input tax credit mismatches require verification of statutory conditions and supplier tax payment before credit is treated as ineligible.
ITC claimed in FORM GSTR-3B but absent from FORM GSTR-2A for FY 2017-18 and FY 2018-19 may be examined under section 16 rather than automatically treated as ineligible. The proper officer must verify tax documents, receipt of supplies, payment to the supplier, required reversals, and the statutory time limit. Supplier-wise discrepancies exceeding Rs 5 lakh require a UDIN-based Chartered Accountant or Cost Accountant certificate; lower discrepancies require a supplier certificate. The procedure applies to ongoing, including pending adjudication or appeal, proceedings and not completed matters.
Prescribing manner of filing an application for refund by unregistered persons-reg.
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Unregistered recipient tax refunds require expired credit-note eligibility, temporary registration, prescribed evidence, and proportionate treatment of supplier repayments.
Unregistered recipients may claim refund of tax borne on cancelled construction-service agreements or terminated long-term insurance policies only where the supplier's credit-note period has expired. The claimant must obtain PAN-based temporary registration in the supplier's jurisdiction, complete Aadhaar authentication, provide a PAN-linked bank account, and file FORM GST RFD-01 with statement 8, the supplier's certificate, and supporting evidence. Claims are invoice-tax limited, require separate applications for different suppliers, and are refundable only proportionately where the supplier has made a partial repayment.
Clarification regarding the treatment of statutory dues under GST law in respect of the taxpayers for whom the proceedings have been finalised under Insolvency and Bankruptcy Code, 2016
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GST insolvency dues: reduced statutory demands require formal intimation, with recovery limited to the reduced amount after resolution.
GST dues of a corporate debtor finalised under the IBC are subject to the reduction determined through insolvency proceedings. Pre-CIRP dues are operational debt, for which coercive recovery is not permissible against the corporate debtor. IBC proceedings are treated as "other proceedings" under Section 84 of the Bihar GST Act. Where a confirmed demand reflected in FORM GST DRC-07 or DRC-07A is reduced, the jurisdictional Commissioner must issue FORM GST DRC-25 and recovery may continue only for the reduced amount.
Clarification on various issue pertaining to GST
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No Claim Bonus is a deductible insurance discount, while e-invoicing exemptions extend across an exempt entity's supplies.
No Claim Bonus deducted from insurance premium is not consideration for a supply by the insured, since the insured is not contractually obliged to refrain from lodging claims. Where the bonus and its conditions are disclosed in the policy and the discount is recorded in the invoice, it is deductible in valuing insurance services and GST applies to the actual premium payable after deduction. E-invoicing exemption for specified entities or sectors applies to the entity as a whole, covering all its supplies of goods and services.
Clarification with regard to applicability of provisions of section 75(2) of Bihar Goods and Services Tax Act, 2017 and its effect on limitation.
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Section 75(2) redetermination applies only to demands timely issuable under section 73, despite a later appellate direction.
Where fraud, wilful misstatement or suppression is not established in a section 74 demand, section 75(2) requires the notice to be treated as issued under section 73. The consequential order of redetermination must be issued within two years from communication of the appellate or judicial direction. However, the redetermined demand is limited to tax, interest and penalty relating to periods for which the original notice was issued within the section 73 limitation period of two years and nine months. For multi-year notices, only timely covered financial years may be redetermined.
Clarifications regarding applicability of GST on certain services
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GST exemption on government-supplied services extends to mess accommodation; payment incentives treated as non-taxable subsidy.
Accommodation services provided by Air Force messes and similar military or police messes to personnel or other non-business persons are exempt under Sl. No. 6 of notification No. 12/2017 when those services qualify as supplied by Central/State/UT or local authorities. Incentives paid by MeitY to acquiring banks under the RuPay/BHIM UPI promotion scheme are subsidies linked to the price of the payment service and are not consideration for services to the government; accordingly they do not form part of the taxable value and are not taxable under GST.
Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022
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GST classification updates clarify rates, exemptions, HS codes, and SUV cess applicability for specified goods.
Rab is classifiable under Tariff heading 1702 and attracts GST at 18%. By-products of dal/pulse milling (chilka, khanda, churi/chuni) are fully exempt regardless of end use and interim matters are regularized on an "as is" basis. Carbonated fruit beverages are classed under HS 2202 99 and attract 28% GST and compensation cess; an exclusion has been added in Schedule II. Extruded snack pellets (fryums) fall under tariff item 1905 90 30 and attract 18% GST. Compensation cess at the higher rate applies to vehicles meeting all SUV specifications. Importers may claim lower IGST where eligible.
Prescribing manner of filing an application for refund by unregistered persons—Instructions
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Refund for unregistered persons: temporary registration enables claims for tax paid on cancelled contracts or terminated long term services.
Enables unregistered persons who bore tax on cancelled construction contracts or terminated long term insurance policies to obtain temporary registration via PAN with Aadhaar authentication, submit bank details, and file Form GST RFD 01 under 'refund for unregistered person' with statement 8, supplier certificate and supporting documents. Refunds are capped by the tax declared on relevant invoices; the supplier's cancellation letter is the relevant date where no service receipt exists, and separate claims are required for different suppliers and different States/UTs.
EODC Online Monitoring System for Advance/EPCG Authorisations
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EODC monitoring: legacy portal withdrawn and redemption status to be confirmed via revamped online services.
The legacy eodc.online portal is withdrawn; redemption and closure details for Advance/EPCG authorisations are available on the revamped DGFT Services. Exporters may upload closure/redemption letters via Services AA/DFIA/EPCG 'Manual EODC Update' where online status is incorrect, and Regional Authorities must verify submissions and update authorisation status from their records.
Facility of conducting meetings of unit holders of InvITs through Video Conferencing or Other Audio Visual means
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Virtual meetings for InvIT unit holders permitted, subject to specified procedural safeguards and disclosure obligations.
SEBI permits Investment Managers of Infrastructure Investment Trusts to conduct unit holder meetings through Video Conferencing or Other Audio Visual means subject to procedural safeguards including maintenance and website upload of recorded transcripts; scheduling considerate of time zones; two way interaction with concurrent or advance questions; opening the facility before and after scheduled time; pre meeting remote e voting and in meeting e voting for those who have not voted remotely; chairperson confirmation of reasonable efforts to enable participation; attendance by an independent director and the auditor or authorised representative; prescribed notice disclosures and helpline support; and disclosure to the stock exchange and trustee with trustee monitoring.
Facility of conducting meetings of unit holders of REITs through Video Conferencing or Other Audio-Visual means
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Virtual meetings for REIT unit holders allowed with mandatory safeguards for participation, remote e voting, disclosure and monitoring.
Managers of REITs may conduct unit holder meetings through Video Conferencing or Other Audio Visual Means subject to procedural safeguards: maintain and upload recorded transcripts; schedule with regard to time zones; provide two way participation and question facilities; keep joining open at least fifteen minutes before and after start time; provide remote e voting before the meeting and in meeting e voting for those who have not voted remotely; chairperson must record that reasonable efforts to enable participation and voting were made; require attendance of an independent director and the auditor; and notify the stock exchange and trustee of the meeting format.
Participation of AIFs in Credit Default Swaps
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AIF participation in credit default swaps permitted with hedging, leverage, earmarking and reporting safeguards under regulatory rules.
AIFs may transact in credit default swaps under specified conditions: Category I and II may buy CDS only for hedging while Category III may buy for hedging or other purposes within leverage limits. Category II and III may sell CDS by earmarking unencumbered government securities equal to exposure; such earmarked securities may meet margin requirements and are not treated as leverage. Total investee exposure including CDS must comply with concentration norms. AIFs must report CDS trades to custodians promptly, custodians must monitor compliance, and breach and rectification protocols apply; transactions must occur on regulated trading platforms and comply with central bank credit derivatives directions.
Regarding Withdrawal of Public Notice No. 28/2022 dated 27.12.2022
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Non-applicability of Plastic Packaging under Plastic Waste Management Rules revoked; prior public notice withdrawn with immediate effect.
The office withdraws Public Notice No. 28/2022 issued on 27/12/2022 concerning the non-applicability of Plastic Packaging used for imported goods under the Plastic Waste Management Rules, 2016; the withdrawal is effective immediately as communicated by the Public Notice dated 12/01/2023.
07/2023 - 12-01-2023 GST - States
Disposal of pending adjudication - instructions issued
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Jurisdictional reallocation of tax notices: pending notices deemed issued by new officers; taxpayers must be notified.
All pending notices and adjudications under KSGST, CGST, IGST and legacy acts shall be deemed to have been issued by the officer of the newly restructured jurisdictional office; the officer having jurisdiction must intimate the corresponding taxpayer before proceeding and comply with the requirements of natural justice.
Allowing stock exchanges to launch multiple contracts on the same commodity in commodity derivatives segment
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Multiple commodity contracts allowed on the same commodity; exchanges must amend rules, notify members and report implementation.
Exchanges are permitted to launch multiple derivative contracts on the same commodity to enhance participation; they must amend bye laws, notify members, publish the change on their websites, and communicate implementation status to the regulator. The measure is effective immediately and issued under Section 11(1) to protect investors and promote market development.
Issues hampering prompt filing of Courier Bill of Entry - Requirement of proper KYC and NOC from Participating Government Agencies like WCCB and PQ etc. — Reg.
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Courier Bill of Entry delays: authorised couriers must report KYC and NOC doubts promptly to prevent filing delays.
Authorised couriers must promptly escalate KYC mismatches and doubts about NOCs to the Deputy Commissioner (Courier) instead of delaying filing; CBoE must be filed before presenting consignments for examination, and RMS instructions govern when Customs will physically examine shipments. Packages examined by Customs must be resealed with distinctive tape, and authorised couriers will bear Customs late-filing charges and custodian demurrage where filing delays result from courier negligence.
Customs -CCSPs -Change of name of the CFS — From M/s Continental Warehousing Corporation (Nhava Seva) Private Limited To M/s “DP World Multimodal Logistics Private Limited”.
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Change of name of Container Freight Station does not relieve custodian of prior liabilities; CFS continues under new name.
Notification that the Container Freight Station formerly M/s Continental Warehousing Corporation (Nhava Seva) Private Limited is now M/s DP World Multimodal Logistics Private Limited; the CFS continues as a Customs Area and the operator remains appointed as Custodian for cargo handling, and the name change does not affect or discharge any prior liabilities, litigation, tax disputes, show cause notices, arrears or statutory obligations.
Processing of Kachcha Bill of Entry (KBE)at Air Cargo Complex, Bengaluru.
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Kachcha Bill of Entry procedure standardises electronic filing, system appraisement, mandatory online duty payment, and audited direct-delivery clearance.
Processing of Kachcha Bill of Entry (KBE) at ACC Bengaluru standardises electronic filing for specified direct-delivery consignments; KBEs are filed as prior-entry Bills of Entry, system-appraised on importer-declared contents, and generate an automatic duty challan requiring online payment before out-of-charge. IFOs perform examination after entering IGM and flight details; packages are scanned and a five percent random sample physically examined with results entered into the EDI. The Transhipment Superintendent grants out-of-charge only after documentary verification and compliance with certificates/NOCs. Night-time manual releases on hardcopy NOCs must be regularised next day. All KBEs are audited within seven days and duties short-levied must be immediately recovered.
Discontinuation of Tariff Rate Quota for Import of Crude Soya bean Oil w.e.f. 01.04.2023
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Tariff Rate Quota discontinuation for crude soya bean oil ends TRQ allocations from April, affecting import validity rules.
The Directorate General of Foreign Trade discontinues Tariff Rate Quota allocations for crude soya bean oil for FY 2023 24 and revises TRQ validity: TRQs issued in FY 2022 23 for crude soya bean oil (ITC(HS) 15071000) require Bill of Lading dated on or before 31.03.2023 to allow import under those TRQs until 30.06.2023; TRQs for crude sunflower seed oil retain their stated one year/30.06.2023 validity and FY 2023 24 sunflower TRQs remain valid for clearance until 31.03.2024.
Prescribing manner of filing an application for refund by unregistered persons
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Refund for unregistered persons: temporary GST registration enables claiming tax borne on cancelled contracts or terminated long-term policies.
Enables unregistered recipients to obtain temporary GST registration via PAN and Aadhaar authentication to file FORM GST RFD-01 ('Refund for unregistered person') with statement 8 and supplier certificate, claim refund of tax borne where credit note issuance under section 34 is time-barred, limits refund to tax declared on invoices, requires separate applications per supplier/state, treats supplier's cancellation letter as the relevant date for two-year limitation, applies minimum refund threshold, and directs standard officer scrutiny and issuance of FORM GST RFD-06 with speaking order.

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Processing of Kachcha Bill of Entry (KBE)at Air Cargo Complex, Bengaluru.

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Kachcha Bill of Entry procedure standardises electronic filing, system appraisement, mandatory online duty payment, and audited direct-delivery clearance.
Processing of Kachcha Bill of Entry (KBE) at ACC Bengaluru standardises electronic filing for specified direct-delivery consignments; KBEs are filed as ... Summary

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Acts Income Tax