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Circulars
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Clarification on refund-related issues.
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GST refund clarifications gain uniform application under state tax law through adoption of corresponding central guidance.
Refund-related issues under the Chhattisgarh Goods and Services Tax framework are to be administered uniformly by applying, with necessary modifications, the refund clarifications issued by the GST Policy Wing. The Commissioner of State Tax exercises directional power under the Chhattisgarh Goods and Services Tax Act, 2017 to give those clarifications corresponding effect under the State Act, ensuring consistent treatment of refund matters.
Clarification on taxability of shares held in a subsidiary company by the holding company.
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Taxability of subsidiary shares is governed by a uniform GST clarification applicable under the State GST law.
Taxability of shares held by a holding company in its subsidiary company is to be administered uniformly under the Chhattisgarh Goods and Services Tax Act, 2017. The Commissioner of State Tax applies, with necessary modifications, the central GST clarificatory framework on this subject as though issued under the State GST law.
Clarification on availability of ITC in respect of warranty replacement of parts and repair services during warranty period.
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Input tax credit for warranty replacements and repair services follows prescribed rules during the warranty period.
Input tax credit for warranty replacement parts and repair services during the warranty period is governed by centrally prescribed provisions adopted with necessary modifications under the Chhattisgarh GST regime. The adopted framework applies as though issued under that regime and is confined to ITC availability for warranty-related replacement parts and repair services.
Clarification on TCS liability under Sec 52 of the CGST Act, 2017 in case of multiple E-commerce Operators in one transaction.
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Tax collection at source liability is clarified for transactions involving multiple e-commerce operators under GST.
Section 168 of the Chhattisgarh Goods and Services Tax Act, 2017 is invoked to apply, with necessary modifications, the central clarification concerning TCS liability under Section 52 of the CGST Act, 2017 where a single transaction involves multiple e-commerce operators. Application of the clarification is directed to secure uniformity in addressing TCS liability in such multi-operator transactions.
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 mismatch verification applies a uniform framework for differences between FORM GSTR-3B claims and FORM GSTR-2A disclosures.
Input Tax Credit mismatch verification for the period from 1 April 2019 to 31 December 2021 is governed under the Chhattisgarh Goods and Services Tax Act, 2017 by the provisions of Circular No. 193/05/2023-GST, subject to necessary modifications. It applies to differences between ITC availed in FORM GSTR-3B and ITC reflected in FORM GSTR-2A.
Clarification on charging of interest under section 50(3) of the CGST Act, 2017, in cases of wrong availment of IGST credit and reversal thereof.
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Interest on wrong IGST credit availment follows the applicable clarification, with necessary modifications, when the credit is reversed.
Interest proceedings for wrong availment of IGST credit and its reversal are to apply the clarification issued for levy of interest under section 50(3), with necessary modifications, under the Chhattisgarh Goods and Services Tax framework. The applicable central GST clarification is extended to such proceedings under the State GST law to secure uniformity.
Clarification regarding GST rate and classification of 'Rab' based on the recommendations of the GST Council in its 49th meeting held on 18th February, 2023
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GST classification of Rab is aligned with the centrally issued clarification to maintain uniformity across administration.
GST rate and classification of 'Rab' are to be administered uniformly under the Chhattisgarh Goods and Services Tax framework by applying, with necessary modifications, the central clarification issued following the GST Council's forty-ninth meeting. The adopted position addresses the applicable GST rate and classification of Rab, with effect under the State GST framework to maintain uniformity.
Trading Preferences by Clients – Applicability for commodity derivatives
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Trading Preferences applicability: exclusive commodity derivatives members may use FMC format; brokers must obtain written negative consent records.
The circular exempts members exclusively of commodity derivatives exchanges from the revised Trading Preferences format and requires them to use the FMC consent format listing national commodity exchanges where clients sign for permitted exchanges, with separate consent for later additions. Brokers must provide an opt-out facility to new and existing clients, obtain written negative consent separately, and retain such records for at least five years. Exchanges must notify brokers, amend rules, monitor compliance via half-yearly audits and inspections, and report implementation monthly to SEBI.
Inclusion of Additional Land Customs Stations (Jaigaon, Panitanki, Fulbari & TT Shed) for Export and Import under EPCG and Advance Authorisation Schemes.
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Land Customs Stations Jaigaon, Panitanki, Fulbari and TT Shed added for EPCG and Advance Authorization.
The Public Notice directs that Jaigaon, Panitanki, Fulbari and TT Shed be treated as notified Land Customs Stations for import and export of notified goods under the EPCG and Advance Authorization schemes, extending the list of permitted LCS locations in the Notifications dated 01.04.2023 to facilitate trade; stakeholders must implement the change and escalate implementation problems to the issuing office.
Clarifications regarding applicability of GST on certain services
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Reverse Charge Mechanism: director's personal rentals excluded; only director-capacity services attract reverse charge.
Services supplied by a director to the company attract tax under Reverse Charge Mechanism only when rendered in the capacity of director; personal-capacity supplies such as renting immovable property are excluded. Supply of food or beverages at cinema premises is taxable as restaurant service where supplied as a service and independently of the exhibition service; bundled supplies passing the composite supply test are taxed according to the principal supply.
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 for specified goods alters applicable tax treatment and regularises past interpretational doubts on an as is basis.
The circular implements GST Council recommendations by reclassifying certain goods and adjusting applicable GST rates, while regularising interpretational doubts for past periods on an "as is" basis. It specifies re rating and classification changes for uncooked extruded snack pellets, fish soluble paste, desiccated coconut, biomass briquettes, imitation zari thread or yarn, raw cotton supplies from agriculturists to cooperatives (subject to reverse charge), areca leaf tableware, and trauma/arthroplasty implants, and states that no refunds will be granted where higher GST has already been paid.
Master Circular for Online Resolution of Disputes in the Indian Securities Market(Updated as on August 11, 2023)
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Online dispute resolution via a common ODR portal enables time bound conciliation and arbitration for securities market disputes.
Establishes a common Online Dispute Resolution Portal operated by Market Infrastructure Institutions with empaneled ODR Institutions to provide time bound online conciliation and arbitration for investor and market participant disputes, prescribing enrollment, allocation by round robin, conciliator/arbitrator appointment and timelines, standardized fees and deposit rules, monitoring and enforcement by MIIs, empanelment and training norms, confidentiality and code of conduct, MIS reporting, and phased implementation with supersession of earlier circulars.
Online Resolution of Disputes in the Indian Securities Market
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Online Dispute Resolution: standardized ODR Portal for securities market disputes enabling time bound conciliation and arbitration.
SEBI mandates a common ODR Portal operated by Market Infrastructure Institutions and empaneled independent ODR Institutions to deliver time bound online conciliation and online arbitration for investor disputes with listed companies and specified intermediaries. The scheme prescribes initiation rules requiring prior internal redressal/SCORES escalation, a market wide round robin allocation subject to transitional linkages, defined conciliator/arbitrator appointment timelines, conciliation and arbitration procedural timelines and extensions, monitoring and enforcement by MIIs of settlements and awards, uniform fee schedules and empanelment, training and conduct norms for ODR Institutions and panels, and phased implementation with Board oversight, audit and data security obligations.
Master Circular for Alternative Investment Funds (AIFs)
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Alternative Investment Funds master circular consolidates regulatory rules on PPMs, leverage limits, overseas investment and reporting.
Master Circular consolidates operative AIF circulars into a single framework, rescinds listed circulars with savings, mandates online filings and PPM templates with merchant-banker due diligence, prescribes investor eligibility and accreditation, sets Category III leverage and liquidity norms with breach and reporting procedures, governs overseas investment allocation and reporting, details CDS and RFQ trading conditions, and consolidates governance, disclosure, reporting, benchmarking, investor charter and change-of-sponsor/manager approval and fee requirements.
Standardizing documentary and information requirements for AD Code and Bank Account with IFSC Registration/ modification in relation to exports-— reg.
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AD Code and bank account (IFSC) registrations now require bank authorization and endorsed cheque/statement; NOC for IFSC changes.
For AD Code and Bank Account with IFSC registration or modification related to exports, only two scanned documents are required for fresh registration: a Bank Authorization Letter in the prescribed format and a cancelled cheque or latest bank statement endorsed by the bank. For IFSC modification linked to IGST-refund/drawback, those documents plus a bank-issued NOC from the previously registered bank are required. Banks should e-mail authorization/NOC from branch e-mail IDs to the customs EDI section; non-branch submissions will be verified with the bank. Requests received before 2 PM will be approved the same day, otherwise by 2 PM next working day.
PN-64-2023 Related to (M/s Transindia Logistics Park Pvt. Ltd. )-reg
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Custodian appointment confirms All Cargo Terminals Limited as custodian and customs cargo services provider under Customs Act regulations.
M/s All Cargo Terminals Limited is appointed custodian and approved as a Customs Cargo Services Provider for the Container Freight Station and the entire notified customs area of 1,02,168.66 SQM under Section 45(1) and 141(2) of the Customs Act, 1962 and Regulation 10 of the Handling of Cargo in Customs Areas Regulations, 2009, responsible for custody of imported goods until clearance/warehousing/transshipment and for export examination and stuffing, subject to statutory compliance and a five year term subject to review, suspension or cancellation for non compliance.
Customs- CCSPs- Change of name of the CFS- From M/s K.S.P.S. Natarajan CFS Park to K.S.P.S. CFS Park Private Limited- Reg.
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Change of name for Customs custodian: CFS renamed but existing legal responsibilities and liabilities continue with the successor entity.
Change of name of the Container Freight Station from M/s K.S.P.S. Natarajan CFS Park to M/s K.S.P.S. CFS Park Private Limited is notified for customs records; the CFS remains declared as a Customs Area and appointed as Custodian under the Handling of Cargo in Customs Area Regulations. The name change does not relieve the custodian of liabilities, including pending litigation, statutory obligations, tax disputes, show cause notices and arrears incurred under the earlier name.
Empanelment of Chartered Engineers for valuation of Second Hand Machinery/Goods in the Office of the Commissioner of Customs, Chennai-II(Import) Commissionerate, Chennai-Calling for applications - reg.
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Empanelment of Chartered Engineers for second hand machinery valuation: invitation, eligibility, three year panel, reporting requirements and penalties.
Applications are invited for empanelment of chartered engineers to value second hand imported/exported machinery; applicants must submit prescribed proforma and supporting certificates, demonstrate minimum industrial experience (2 years), valuation experience (3 years) and total experience (5 years), and provide five years of income tax return details. A committee will scrutinize applications and refer eligible candidates to the Institute of Engineers for assessment; empanelment (valid for three years) requires submission of half yearly Self Appraisal Reports, and false information attracts penal provisions under the Customs Act.
Amendment under Appendix 2T (List of Export Promotion Councils/Commodity Boards/Export Development Authorities) of Appendices and ANFs of FTP 2023
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Inclusion of AYUSH Export Promotion Council expands RCMC authority for specified AYUSH products while revising other councils' jurisdictions.
The DGFT amends Appendix 2T of FTP 2023 to insert AYUSH Export Promotion Council (AYUSHEXCIL) to issue RCMCs for specified AYUSH medicants/medicaments and related cosmetics/toiletries. CHEMEXCIL's and PHARMEXCIL's jurisdictions are revised to exclude items allocated to AYUSHEXCIL, while RCMCs already issued by CHEMEXCIL and PHARMEXCIL for those items remain valid until expiry.
Advisory for operationalisation of the Customs (Waiver of Interest) Third Order, 2023 dated April 17, 2023 and the consequential regularisation of electronic Bills of Entry in case of manual Out of Charge (OOC) given in the wake of glitches in the implementation of ECL facility since April 01, 2023-reg
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Electronic Cash Ledger integration requires payment with interest and application for interest refund after Out of Charge regularisation.
Users whose duty payments failed to integrate due to ECL glitches must select unpaid challans, pay duty including interest within the prescribed window from the date of removal of system inability, and, after integration and marking of the Bill(s) of Entry as Out of Charge by Customs, may apply to the relevant formation for refund of paid interest under the Waiver of Interest order; reporting of absent unpaid challans or implementation difficulties must be made to DG Systems or ICEGATE HelpDesk with screenshots.

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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 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 ... Summary

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Acts Income Tax