Input tax credit distribution: HO may use ISD or invoice BOs, invoice value deemed open market value when recipient has full credit.
For services between distinct offices, the HO may either distribute ITC via the ISD mechanism (with mandatory ISD registration if used) or issue tax invoices to BOs so BOs can claim ITC; where a recipient BO is eligible for full ITC, the invoice value is deemed the open market value under rule 28 irrespective of included cost components, and a nil invoice may be so deemed; where the BO is not eligible for full ITC, HO employee salary need not be mandatorily included in taxable value.

E-invoicing requirement applies to supplies to government entities registered only for TDS when supplier exceeds threshold.
E-invoicing is mandatory for suppliers whose turnover exceeds the prescribed threshold when supplying to Government Departments, agencies, local authorities or PSUs that are registered solely for tax deduction at source; those government entities are to be treated as registered persons, and suppliers must issue e-invoices for such supplies under the applicable e-invoicing rule.

Refund of Input Tax Credit restricted to GSTR 2B availability; clarifies undertakings, turnover calculation and exporter refunds.
Refund of accumulated Input Tax Credit under section 54(3) is restricted to credit reflected and available in Form GSTR 2B for the relevant tax period or any prior period, effective January 2022; prior circulars referring to GSTR 2A/GSTR 1 are modified accordingly. The Form RFD 01 undertaking is amended to remove references to omitted provisions and forms, applicants must undertake repayment with interest if clause (c) of section 16(2) is not met. Export calculations for adjusted total turnover follow the Explanation in sub rule (4) of rule 89. Exporters who later effect export or realise payment may claim unutilised ITC and IGST (not interest).

Taxability of shareholdings: holding shares in a subsidiary is not a taxable supply absent a supply under GST.
Securities, including shares, are neither goods nor services under the KGST Act; mere holding, purchase or sale of subsidiary shares by a holding company is not a supply. A SAC entry for holding company services does not itself create a taxable supply-GST applies only if the holding company's activity qualifies as a supply under the statutory definition. Therefore passive holding of subsidiary share capital is not taxable under GST.

Input tax credit for warranty services - no GST on free warranty replacements; GST applies to separately charged repairs.
Where replacement parts or repair services are provided under a manufacturer's warranty without separate consideration, no additional GST is chargeable because the original supply's value includes expected warranty costs. The manufacturer is not required to reverse Input Tax Credit for such warranty replacements or repairs. Distributor scenarios vary: taxable invoiced supplies by distributors to manufacturers attract GST and permit ITC; manufacturer-supplied parts to distributors for warranty replacement without consideration are non-taxable in that transfer and require no ITC reversal; credit-note adjustments apply where distributors replace parts from earlier supplies subject to ITC reversal by the distributor. Repair services charged by a distributor to a manufacturer are taxable and eligible for ITC to the manufacturer. Extended warranty sold with original supply is part of the composite supply; sold later it is a separate taxable contract.

TCS collection responsibility lies on the ecommerce operator releasing payment to supplier unless the supplier itself is an operator.
The obligation to collect Tax Collected at Source and perform related KGST compliance falls on the e commerce operator that finally releases payment to the supplier; if the supplier is itself an operator, the buyer side operator that collects payment and remits the balance must collect the TCS and complete payment and reporting obligations.

Input Tax Credit availability limited by supplier reported entries; claims permitted only when supplier reporting is communicated and verified.
Clarification governs reconciliation of Input Tax Credit differences for April 1, 2019 to December 31, 2021, confirming transitional caps on additional ITC claims after the invoicing reconciliation rule took effect, subject to the statutory condition that tax must have been paid by the supplier and to verification through the prescribed certificate process. Period wise caps limit additional ITC where suppliers have not furnished invoice details; cumulative aggregation rules apply for specified month ranges. From the statutory amendment effective thereafter, ITC is allowable only where the supply is reported by the supplier and communicated to the recipient through the automated supplier to recipient statement. The guidance applies to ongoing proceedings for the stated period.

Interest on wrongly availed IGST credit-aggregate ITC pool governs when interest applies, not IGST-head alone.
Clarification states that for interest on wrongly availed IGST credit the determining factor is the total input tax credit balance across IGST, CGST and KGST in the electronic credit ledger; interest is chargeable only to the extent the combined ITC falls below the wrongly availed IGST amount. Compensation cess credit is excluded from this aggregate since it cannot be used to discharge IGST, CGST or KGST liabilities.

Self Sealing Permission for exporters set with fixed initial terms, renewal criteria, mandatory RFID e seals, and port specific authorisation.
Manufacturer exporters receive initial Self Sealing Permission for five years and merchant exporters for one year; extensions are five years for manufacturers and two years for merchants if they export at least six consignments annually using the self sealing facility and have no customs contraventions. Use of CBIC approved RFID e seals is mandatory, permissions are port specific (INMAA1, INKAT1, INENR1), and amendments to premises, authorized signatory or ROC require competent authority approval. Renewal applications must be submitted two months before expiry with export statements; earlier open ended permissions must be regularised within three months.

Input tax credit allocation: head office may use ISD or invoice branches, determining branch ITC entitlement and valuation.
HO may distribute ITC for common input services either via ISD (requiring ISD registration) or by issuing tax invoices to BOs, with ISD distribution allowed only if services are attributable to or actually provided to BOs. For internally generated services, if the recipient BO is eligible for full ITC the invoice value declared is deemed the open market value; absence of an invoice may be treated as Nil value deemed to be open market value. Salary cost of HO employees need not be mandatorily included in the taxable value even where BO lacks full ITC.

E-invoicing applicability: suppliers exceeding threshold must issue e-invoices for supplies to government entities registered for TDS.
E-invoicing is required where a supplier's turnover exceeds the prescribed threshold and the recipient is a government department, establishment, agency, local authority or PSU registered solely for tax deduction at source; such entities are treated as registered persons and supplies to them therefore attract the e-invoicing obligation under the Assam GST Rules.

Input tax credit refund basis shifted to FORM GSTR 2B, limiting refundable ITC and updating RFD 01 undertakings accordingly.
Refunds of accumulated ITC under section 54(3) shall be restricted to ITC reflected in FORM GSTR-2B for the relevant tax period or earlier periods where credit is available; this applies to refund claims from January 2022 onwards and modifies prior circulars referencing GSTR-2A. The undertaking in FORM RFD-01 is amended to remove references to section 42 and FORM GSTR-2/3 while retaining the obligation to repay refunded amounts with interest if clause (c) of section 16(2) is later not complied with. Export-related rules permit refund of unutilized ITC and refund of integrated tax paid under Rule 96A when export or payment realization subsequently occurs, but not refund of interest.

Holding of shares by a parent company is not a taxable supply of service under GST law.
Holding of shares by a holding company in its subsidiary does not, by itself, constitute a supply of services and is not taxable under GST; securities, including shares, are neither goods nor services, and a Service Accounting Code entry does not convert mere ownership into a taxable supply without an actual supply as defined under the Assam GST Act.

Input tax credit on warranty replacements not reversed; free warranty repairs not taxable unless extra consideration charged.
The value of the original supply by a manufacturer includes anticipated warranty replacement and repair costs; where replacements or repairs are provided during warranty without separate consideration, no additional GST is chargeable and no reversal of input tax credit is required. If additional consideration is charged to the customer, GST applies to that consideration. Distributor-manufacturer arrangements are taxable or not depending on whether the distributor issues a taxable invoice to the manufacturer, the manufacturer supplies parts to the distributor without consideration, or a credit note and ITC reversal mechanism is involved. Repair services billed by the distributor to the manufacturer are taxable, and extended warranties sold at sale are composite supply while those sold later are separate taxable contracts.

TCS collection rule: supplier side platform collects TCS if it remits payment; buyer side collects when supplier is also an operator.
Where multiple e commerce operators participate in a supply, the operator who ultimately releases payment to the supplier must collect applicable TCS, remit it to the Government and perform section 52 compliances; if the supplier itself is the operator disbursing payment, the buyer side operator must collect and remit TCS and fulfil section 52 obligations.

Input tax credit reconciliation: guidance clarifies permissible provisional ITC where supplier reporting differs, subject to statutory conditions.
Clarification governs differences between Input Tax Credit (ITC) claimed in FORM GSTR-3B and ITC shown in FORM GSTR-2A for 01.04.2019-31.12.2021, reaffirming that ITC admissibility is subject to Section 16 conditions including payment of tax by the supplier. It prescribes that Circular No. 131/2021-GST applies for pre-rule periods, and that rule 36(4) permitted provisional additional ITC from 09.10.2019 with period-specific caps (20%, 10%, 5%) subject to verification and certificate production; post-01.01.2022 ITC is limited to amounts in FORM GSTR-2B. The guidance is clarificatory and applies to ongoing and pending proceedings for the period.

Interest on wrongly availed IGST credit: chargeable only if total ITC pool falls below the wrong credit amount.
For interest under rule 88B and section 50(3), the test of utilisation of wrongly availed IGST credit compares the wrongly availed amount with the total input tax credit balance in the electronic credit ledger across IGST, CGST and SGST; no interest arises if the aggregated balance never falls below the wrongly availed amount, while any shortfall in the aggregated balance measures utilisation and attracts interest. Compensation cess credit is excluded from this aggregated balance.

Input tax credit linkage to FORM GSTR-2B restricts refund of accumulated ITC to credits reflected in GSTR-2B.
Refund of accumulated input tax credit under section 54(3) is restricted to ITC reflected in FORM GSTR-2B; this restriction applies to refund claims for tax periods from January 2022 onwards. The undertaking in FORM RFD-01 is amended to remove references to the omitted section 42 and to FORM GSTR-2/3, while retaining an undertaking regarding clause (c) of sub-section (2) of section 16. Adjusted Total Turnover must include export value as determined by the Explanation to sub-rule (4) of rule 89. Exporters who later export goods or realize payment may claim unutilized ITC and IGST paid, but not interest paid under rule 96A.

Input tax credit and GST on warranty replacements clarified: no GST on gratis warranty repairs unless extra consideration is charged.
Replacement parts and repair services supplied free during a warranty period are included in the value of the original supply and not subject to further GST where no separate consideration is charged; additional consideration triggers GST. The manufacturer need not reverse input tax credit for such gratuitous warranty work. Distributor interactions are taxable or non taxable depending on whether the distributor charges the manufacturer or receives parts from the manufacturer without consideration. Repair services invoiced to the manufacturer by the distributor are taxable with ITC available. Extended warranty sold at supply forms part of the composite supply; purchased later is a separate taxable contract.

TCS liability where multiple e commerce operators exist: collector depends on which ECO releases payment and supplier status.
Clarification distinguishes two scenarios for multiple E-commerce Operators: if the supplier side ECO is not the supplier, the supplier side ECO who ultimately releases payment must collect and remit TCS and complete statutory compliances; if the supplier is itself an ECO, the buyer side ECO that collects payment must collect and remit TCS and fulfil related obligations. The circular also requests trade notices to publicize the guidance and solicitation of implementation difficulties to the Chief Commissioner.