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Circulars
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Clarification on charging of interest under Section 50(3) of the Goa GST Act, 2017, in cases of wrong availment of IGST credit and reversal thereof.
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Interest on wrongly availed IGST credit depends on aggregate ITC across heads; compensation cess excluded.
For interest calculations on wrongly availed IGST credit and its reversal, the aggregate ITC balance across IGST, CGST and SGST in the electronic credit ledger is to be considered; no interest arises if that aggregate never falls below the wrongly availed amount, while interest is attracted to the extent the aggregate balance falls below it. Compensation cess credit is excluded from this aggregation as it cannot be used to discharge IGST, CGST or SGST liabilities.
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 the period 01-04-2019 to 31-12-2021
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Input Tax Credit reconciliation: transitional limited additional ITC allowed where supplier details missing, subject to verification and caps.
Clarification applies earlier circularal guidance to reconcile ITC claimed in FORM GSTR 3B with GSTR 2A for 01 04 2019 to 31 12 2021, confirming that transitional rule 36(4) allowed additional ITC where supplier details were missing subject to the statutory condition that tax was paid by the supplier and subject to specified percentage caps for applicable sub periods; excess ITC beyond those caps is not admissible even if certificates are submitted. The circular also notes cumulative adjustment rules for certain months and limits application to ongoing proceedings for the period.
Clarification on TCS liability under Sec. 52 of the Goa GST Act, 2017 in case of multiple E-commerce Operators in one transaction.
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TCS rules: supplier-side ECO who pays the supplier collects TCS; if supplier is an ECO, buyer-side ECO collects TCS.
The circular applies the CBIC guidance under Section 52 to state implementation and clarifies TCS compliance where multiple E commerce Operators participate: if the supplier side ECO is not the supplier, the supplier side ECO who ultimately pays the supplier must collect and deposit TCS and perform Section 52 compliances; if the supplier side ECO is itself the supplier, the buyer side ECO that collects payment must collect and deposit TCS and undertake Section 52 compliances.
Clarification on availability of ITC in respect of warranty replacement of parts and repair services during warranty period
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ITC for warranty replacements not reversed when no separate consideration; additional charges for parts or repairs attract GST.
Replacement parts or repair services supplied during an original warranty period without separate consideration are included in the value of the original supply, attract no additional GST and do not require reversal of Input Tax Credit. Additional consideration charged for replacements or repairs is taxable. Distributor scenarios are treated according to whether the distributor invoices the manufacturer, uses manufacturer-supplied parts without charge, or adjusts supplies via credit note; repair services charged to the manufacturer are taxable and ITC may be claimed by the manufacturer.
Clarification of taxability of share capital held in subsidiary company by the parent company.
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Holding of shares not a taxable supply - mere shareholding in a subsidiary does not attract GST.
Securities, including shares, are neither goods nor services; mere holding, purchase or sale of shares by a holding company does not, by itself, constitute a supply. A classificatory service code for holding companies is not conclusive; GST applies only if there is a supply as defined by law. Therefore, holding shares in a subsidiary cannot be treated as a supply of services by the holding company to the subsidiary and is not taxable. The CBIC clarification is applied mutatis mutandis under the Goa GST Act and stakeholders should publicize and report implementation difficulties.
Clarification on refund-related issues
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Refund of accumulated input tax credit: refunds limited to ITC reflected in FORM GSTR-2B; revised RFD 01 undertaking applies.
Refund entitlement for accumulated input tax credit is limited to input tax credit reflected in FORM GSTR-2B for the relevant or prior tax periods for refund claims from the date the amendments took effect. The FORM RFD-01 undertaking remains but is revised to remove references to omitted provisions and forms, and supporting-document requirements referencing GSTR-2A and certain self-certified invoices are deleted. For adjusted total turnover, export values are to be calculated as per the inserted Explanation. Exporters who subsequently export goods or realise payment after complying with rule 96A may claim refund of unutilized ITC and IGST paid, but not interest.
Clarification regarding taxability of services provided by an office of an organisation in one State to the office of that organisation in another State, both being distinct persons.
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Inter-office service taxation: invoice value deemed open market value when recipient is eligible for full input tax credit.
The circular clarifies that a Head Office may either distribute ITC for common input services through the ISD mechanism (requiring ISD registration) or issue tax invoices to Branch Offices so BOs can claim ITC; ISD distribution is optional and limited to services attributable to or actually provided to BOs. For internally generated services, where the recipient BO is eligible for full ITC the invoice value is deemed the open market value regardless of inclusion of cost components; absence of an invoice may result in a deemed nil declared value treated as open market value. Salary cost need not be mandatorily included when BOs lack full ITC eligibility.
Clarification regarding GST rate and classification of ‘Rab’ based on the recommendation of the GST Council in its 49th meeting held on 18th February, 2023
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GST classification of Rab: taxable when prepackaged and labelled, nil when sold otherwise, with past periods regularized.
GST classification of Rab is clarified: prepackaged and labelled Rab is subject to a taxable rate, while Rab sold otherwise is nil-rated, effective from 1 March 2023; past periods are regularized on an "as is" basis. The CBIC circular is to be applied mutatis mutandis under the Goa GST framework. The guidance is clarificatory and implementation difficulties may be reported to the authority.
Clarification on issue pertaining to e-invoice.
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E-invoicing requirement applies to supplies to government entities registered for tax deduction, obliging suppliers above threshold to issue e-invoices.
Suppliers whose turnover exceeds the prescribed threshold are required to issue e-invoices for supplies made to Government Departments, establishments, agencies, local authorities or PSUs that are registered solely for the purpose of tax deduction at source, because such government entities are treated as registered persons for GST purposes and therefore fall within the e-invoicing obligation.
Implementation of the Track and Trace system for export of Pharmaceuticals and drug consignments along with maintaining the Parent-Child relationship in the levels of packaging and their movement in supply chain - Extension of date of implementation
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Track and Trace system implementation extended for export drug packaging parent child compliance across manufacturers until 01.02.2024.
The Director General of Foreign Trade amends the Handbook of Procedure to extend the date for implementing the Track and Trace system requirement to maintain the Parent Child relationship across packaging levels and to upload that relationship on the Central Portal for export consignments of drug formulations; the extension applies to both SSI and non SSI manufactured drugs.
Amendments in conditions of the Standard Input Output Norms (SION) at E-136 for export of Wheat Flour
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Export permission for Wheat Flour with Millets allowed subject to minimum composition, import entitlement calculation, and domestic sourcing conditions.
Amendment to SION E-136 permits export of Wheat Flour (Atta) with Millets provided the product contains at least 65% Wheat Flour and 15% Millets; Millets and other added ingredients must be domestically sourced; import entitlement under Advance Authorization will be calculated in proportion to the percentage of Whole Wheat Flour in the export item, allowing 1.07 kg of Wheat import entitlement per 1 kg of Whole Wheat Flour exported; the Shipping Bill must indicate percentage contents and earlier SION conditions continue to apply.
Amendment in Para 4.73 (15) of Handbook of Procedures, 2023
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Authorized diamond grading laboratory name updated, affecting certification and grading recognition under foreign trade policy.
The Director General of Foreign Trade amended Para 4.73(15) of the Handbook of Procedures, 2023, replacing the previously listed laboratory name with International Institute of Diamond Grading and Research (Belgium), NV, thereby modifying the official list of authorized laboratories for certification and grading of diamonds.
Offer for Sale framework for sale of units of Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs)
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Offer for Sale framework permits OFS of units in private listed InvITs with one day open, excluding retail participation.
Amendment permits an Offer for Sale mechanism for units of private listed InvITs, aligning REIT/InvIT OFS with the equity OFS framework; trading lots for listed InvIT OFS must match secondary market trading lots, retail investor provisions do not apply for private listed InvITs, and such OFS shall remain open only for one day. Exchanges must implement systems, amend rules and notify market participants; the amendment is effective immediately.
Debiting from the Special Import Licence and granting permission for clearance of such goods -reg.
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Special Import Licence port transfer procedure requires prior permission, formal debit entry and e Sanchit upload before clearance.
Where restricted goods are imported at a port other than the SIL's port of registration, the Turant Suvidha Kendra must forward the SIL, covering letter and Bill of Entry details to the assessment group for permission; once the group with competent authority approval issues permission, the TSK will record the debit against the SIL, endorse the original debit sheets, send NOC to the importing port's TSK, and require the importer/CHA to upload the original debit sheets to e Sanchit against the Bill of Entry. Out of Charge officers must verify uploaded debit sheets on e Sanchit and shall not grant Out of Charge without such verification.
Guidelines for compulsory selection of returns for Complete Scrutiny during the Financial Year 2023-24 — procedure for compulsory selection in such cases — clarification
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Compulsory scrutiny: returns with reassessment notices after search or survey must be transferred to central charges for scrutiny.
Returns with reassessment notices issued after search and seizure or survey on or after 1 April 2021 must be compulsorily selected for complete scrutiny with prior administrative approval, and if lying outside Central Charges shall be transferred to Central Charges under the statutory transfer provision within 15 days of service of the notice calling for information. Peripheral non-search third party cases uncovered during searches are excepted from mandatory transfer unless covered by the Board's 2014 guidance.
Audit of firm-level performance data of Portfolio Managers
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Audit of firm-level performance data requires annual audit, standard ToR, inclusion of all clients, and regulator submission.
Portfolio Managers must perform an annual firm-level performance audit including all clients' portfolios across discretionary and non-discretionary services; advisory clients may be excluded only if their performance is not reported or published. APMI will prescribe standardised Terms of Reference, which are mandatory from October 01, 2023. Portfolio Managers must submit a certified confirmation of compliance and the audit report to the regulator within sixty days of the financial year end, with certification by directors, partners or authorised persons.
Minutes of the 51st Meeting of GST Council held on 02nd August, 2023
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GST amendments: taxable "specified actionable claims" in casinos and online money gaming, valuation on amounts paid or payable.
Amendments amend Entry 6 Schedule III and insert definitions in Section 2 to classify "specified actionable claim", "online gaming", "online money gaming" and "virtual digital assets"; deem organisers and platform operators to be suppliers; amend Notification No.66/2017 CT to make tax payable on receipt for specified actionable claims; insert Section 14A in IGST Act to tax cross border online money gaming with single registration and blocking powers; and insert Rules 31B and 31C to value online gaming and casino actionable claims as the total amount paid or payable (including virtual assets), with an Explanation and provisos on refunds.
Expansion of automatic LEO facility in ECCS
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Automatic export clearance extended to assessed courier shipping bills after X ray clearance where examination is not mandated.
Automatic Let Export Order (auto LEO) in ECCS is extended to Courier Shipping Bills marked for assessment only where the CSB has been cleared under assessment and physical examination is not mandated after X ray clearance; Systems Directorate has enabled necessary technical changes and DG (Systems) will issue an Advisory while field formations will publish Public Notices and Standing Orders for stakeholders.
Clarification regarding taxability of services provided by an office of an organisation in one State to the office of that organisation in another State, both being distinct persons.
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Inter-State Services Between Distinct Persons: State GST framework adopts central clarification to ensure uniform taxability treatment.
Taxability of services supplied by an office of a business entity in one State to another office of the same entity in a different State is addressed where the offices constitute distinct persons under the GST framework. For uniform application under the Chhattisgarh Goods and Services Tax Act, 2017, the provisions of Circular No. 199/11/2023-GST are adopted with necessary modifications and apply as though issued under the State GST Act.
Clarification on issue pertaining to e-invoice.
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E-invoice clarification adopts central GST guidance for corresponding application under the State GST framework with necessary modifications.
E-invoice clarification under the Chhattisgarh Goods and Services Tax Act, 2017 applies the provisions of central GST guidance on e-invoice issues, with necessary modifications, for corresponding State GST purposes. The central guidance operates as though issued under the State GST Act, subject to mutatis mutandis adaptation to ensure uniformity in e-invoice treatment.

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Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 50th meeting held on 11th July, 2023

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GST rate reclassification updates applicable tax on extruded uncooked snack pellets and related goods, regularising past periods.
The circular implements GST Council recommendations reclassifying certain goods and prescribing applicable GST rates: uncooked extruded snack pellets ... Summary

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Acts Income Tax