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Circulars
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Clarifications regarding applicability of GST on certain services
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Reverse charge on director services limited to services rendered in official capacity; personal rentals are excluded from reverse charge.
Services by a director are subject to Reverse Charge Mechanism only when supplied by him in the capacity of director; services supplied in his personal capacity, such as renting immovable property to the company, are not taxable under RCM. Supply of food or beverages at cinema premises constitutes restaurant service if supplied as a service and independently of the cinema exhibition; however, if ticket sale and food supply are bundled and form a composite supply with exhibition as the principal supply, the tax rate for the principal exhibition service applies to the entire bundled supply.
APGST Act, 2017 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 classification changes: several goods reclassified or rate reduced and past-period issues regularized on as is basis.
Clarification implements GST Council recommendations reclassifying or reducing GST rates for specified goods and regularising prior-period uncertainties. Un fried/un cooked extruded snack pellets are placed under CTH 1905 and subject to 5% GST for non ready to eat forms while ready to eat extruded products remain at 18%. Fish soluble paste and imitation zari thread are reduced to 5%. Supply of raw cotton by agriculturists to cooperatives is taxable under reverse charge at the concessional rate. Desiccated coconut, biomass briquettes, areca leaf products and HSN 9021 goods are regularised for identified past periods. No refunds where higher GST was paid.
Procedure for seeking prior approval for change in control
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Prior approval for change in control: SEBI prescribes online application, disclosures and fit and proper compliance for intermediaries.
Intermediaries such as Merchant Bankers and Bankers to an Issue must obtain prior approval from SEBI for change in control via the SI Portal, submitting specified disclosures including current and proposed shareholding, past regulatory actions, investor complaints, litigation, fee confirmation and a stamped declaration undertaking board continuity, investor notification and compliance with the fit and proper criteria; additional exchange/clearing/depository approvals apply where relevant, and special procedures govern changes effected through NCLT sanctioned schemes requiring SEBI in principle approval followed by final approval on submission of the NCLT order and related documents.
Reduction of timeline for listing of shares in Public Issue from existing T+6 days to T+3 days
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Listing timeline reduction expedites public issue listing and imposes PAN matching and registrar verification requirements for applicants.
The circular mandates reduction of the listing timeline for specified securities in public issues to T+3 days, prescribing detailed cut-offs and sequencing for application submission, bid validation, UPI mandate reconciliation, finalisation of allotment, fund transfer/unblocking, corporate action for share credit, listing application filing and trading commencement. It requires disclosure of the T+3 timeline in offer documents and advertisements, SCSB PAN matching before ASBA blocking, registrar third party PAN verification with invalidation for mismatches, operational lock in per ICDR and depository SOPs, and recalculation of compensation for delayed unblocking from T+3; applicability includes voluntary and mandatory adoption windows.
Facility to remedy erroneous transfers in demat accounts
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Erroneous transfer reversal: OTP exemption permitted after committee review, with hearing, written reasons, and email notification to transferee.
Establishes an operational mechanism permitting exemption from OTP for reversal of erroneous demat transfers, requiring depositories to form internal and joint committees headed by a Public Interest Director (minimum three members). Committees must examine documentary evidence, give both parties a hearing, record written reasons, and decisions must be acted upon with email notification to the transferee. Depositories must also implement beneficiary add-and-verify facilities, amend bye-laws, publish SOPs, and report implementation status to the regulator.
Clarifications regarding applicability of GST on certain services
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Reverse Charge Mechanism clarified: personal services by directors excluded; only director-capacity services attract RCM.
Services supplied by a director attract Reverse Charge Mechanism only when supplied by him in his capacity as director; personal or private supplies such as renting immovable property to the company are excluded from RCM. Supply of food or beverages in a cinema hall is taxable as restaurant service where supplied by way of or as part of a service and independently of the exhibition service; bundled ticket-plus-food sales forming a composite supply take the tax rate of the principal supply, the cinema exhibition service.
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 revisions: select goods reclassified and moved to lower GST band, with past-period positions regularised.
The circular prescribes revised tariff classification and GST rates: uncooked extruded snack pellets, fish soluble paste, imitation zari yarn and goods under HSN 9021 are assigned a 5% GST rate effective 27 July 2023 (with ready-to-eat extruded snacks remaining at 18%); supply of raw cotton by agriculturists to cooperatives is taxable at 5% on reverse charge; desiccated coconut, biomass briquettes and areca leaf tableware issues are regularised for specified past periods. All past-period interpretational doubts are regularised on an "as is" basis and no refunds will be granted where higher GST was earlier paid.
Difficulties in Physical Verification of Traders Registered under TCS (E-Commerce Operator) Provisions under Rule 12 of the GST Rules, 2017
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TCS e-commerce operator verification: use documentary verification when a trader's principal place of business is outside the state.
Where a trader under TCS (E commerce Operator) has a principal place of business outside the State and physical verification is not feasible, authorities must conduct documentary and record-based verification to ensure trader authenticity under Rule 12 of the GST Rules, 2017.
Clarifications regarding applicability of GST on certain services
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Reverse charge applicability on director-supplied services clarified: personal-capacity rentals excluded, director-capacity services covered under RCM.
Entry No. 6 of Notification No. 48/ST-2 applies only to services supplied by a person in the capacity of director; services supplied by a director in a personal capacity, such as renting immovable property to the company, are not taxable under the Reverse Charge Mechanism. Supply of food and beverages at cinema premises is taxable as restaurant service when supplied by way of or as part of a service and independent of the cinema exhibition service, while a bundled supply that qualifies as a composite supply will attract tax at the rate of the principal supply, exhibition of cinema.
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 clarification reduces rates for specified goods and regularises past-period treatment for genuine doubts.
Clarification establishes revised GST classification and applicable rates for specified goods, regularises past-period treatment on an "as is" basis where genuine interpretational doubts existed, and confirms that certain items attract 5% GST while others remain at 18% as appropriate. Supply of raw cotton by agriculturists to registered cooperatives is taxable at 5% under reverse charge. Goods under HSN 9021 will attract a uniform 5% GST, and no refunds will be granted where GST was already paid at higher rates.
Recovery of arrears of revenue while sanctioning of refunds.
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Refund sanctioning must check and appropriate pending customs arrears from refunds using Arrears Recovery Cell records to prevent double appropriation.
Adjudicating authorities must check pending arrears with the Arrears Recovery Cell before sanctioning refunds and may appropriate refund amounts using the deduction/appropriation power under Section 142(1)(a). Appropriation must be tied to specific recoverable demands with order-in-original details and safeguards must prevent the same arrears being appropriated more than once.
Appointment of M/ s International Cargo Terminal Private Limited as Custodian for CFS ICTPL was valid for a period of two years w.e.f. 07.06.2023.
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Custodian appointment for Container Freight Station sets customs handling duties, security obligations, reporting requirements, and review-linked continuation.
Appointment of M/s International Cargo Terminal Private Limited as custodian for the Container Freight Station ICTPL was continued for the imported and export cargo handled in the notified area, subject to the Customs Act, 1962 and the conditions of the public notice. The custodian was responsible for receipt, storage, handling, security, records, insurance, infrastructure, staff facilities, monthly reporting, and compliance with restrictions on disposal, subletting and alteration of the CFS plan, with the appointment subject to review, extension and termination under the applicable customs framework.
Clarifications regarding applicability of GST on certain services
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Reverse Charge on director services applies only when supplied in the capacity of director; personal rentals excluded.
Services by a director to the company are taxable under Reverse Charge only when supplied in his capacity as director; personal capacity supplies such as renting immovable property to the company are not subject to RCM. Supply of food or beverages in a cinema hall is taxable as restaurant service if supplied as a service and independent of the exhibition; if ticket sale and food are bundled as a composite supply, the entire bundle is taxed at the rate applicable to the principal supply of cinema exhibition.
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: reduced rates and retrospective regularisation for specified goods, with no refunds for higher past payments.
Clarifies GST rate changes following GST Council recommendations: uncooked extruded snack pellets and fish soluble paste reclassified to five per cent effective 27 July 2023; ready to eat extruded snacks remain at 18 per cent. Desiccated coconut, biomass briquettes and areca leaf plates/cups are regularised for specified prior periods. Supply of raw cotton by agriculturists to cooperatives is taxable at five per cent on reverse charge basis, and imitation zari thread/yarn reduced to five per cent. Medical implants under the relevant heading attract a uniform five per cent rate. Past period issues are regularised on an "as is" basis and no refunds will be granted where higher GST was paid.
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 taxability: head office may use ISD or invoice branches to enable input tax credit claims.
Head office and branch office inter office service supplies: head office may either distribute input tax credit via the Input Service Distributor mechanism (registration required if used) or issue tax invoices to branches for third party input services attributable to them; distribution or invoicing is allowed only if services are attributable to or actually provided to the branch. For internally generated services, invoice value is deemed open market value where recipient is eligible for full ITC irrespective of included cost components; salary cost need not be mandatorily included where recipient is not eligible for full ITC.
Clarification on issue pertaining to e-invoice
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E-invoice applicability required for supplies to TDS-registered government entities when supplier exceeds threshold under GST rules
E-invoicing is required where a supplier's turnover exceeds the prescribed threshold and the recipient is a government department, agency, local authority or PSU registered solely for TDS deduction; such government entities are treated as registered persons under GST law and supplies to them fall within the e-invoicing obligation under the GST rules.
Clarification on refund related issues.
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Refund of accumulated input-tax credit limited to amounts reflected in Form GSTR-2B, affecting refund admissibility and procedures.
Refund of accumulated input-tax credit under section 54(3) is restricted to credit reflected in Form GSTR-2B for the tax period or earlier periods where credit is available, effective January 2022; prior guidance tied to GSTR-2A/GSTR-1 is modified. The RFD-01 undertaking is retained but revised to remove references to omitted section 42 and Forms GSTR-2/GSTR-3, requiring repayment with interest if clause (c) of sub-section (2) of section 16 is later unmet. Export-related IGST paid may be refunded on subsequent export or realization, but interest paid is not refundable.
Clarification on taxability of shares held in a subsidiary company by the holding company
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Taxability of shareholding: mere holding of subsidiary shares is not a supply of services under GST absent an actual supply.
Holding of shares in a subsidiary by a parent company does not, by itself, constitute a taxable supply of services under GST because securities are not goods or services and purchase or sale of shares alone does not amount to supply; a taxable service requires an actual supply as defined by GST law and a service classification code alone cannot convert mere shareholding into a service.
Clarification on availability of ITC in respect of warranty replacement of parts and repair services during warranty period
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Warranty replacement tax treatment: free-of-charge parts and repairs during warranty not subject to further GST unless extra consideration.
Replacement parts and repair services supplied free of charge during the warranty period are covered by the value of the original supply and attract no additional GST; manufacturers need not reverse input tax credit for such warranty replacements or repairs. If additional consideration is charged, GST is payable on that consideration. Distributor-manufacturer interactions depend on the mechanism: distributor invoices manufacturer for parts (taxable), manufacturer supplies parts to distributor free (no GST, no ITC reversal), and credit-note adjustments require reversal of ITC by distributor where applicable.
Clarification on TCS liability under section 52 of the GGST Act, 2017 in case of multiple E-commerce Operators in one transaction
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TCS by e commerce operator: the ECO releasing payment to supplier collects TCS, or buyer side ECO if supplier is an ECO.
Where multiple ECOs are involved, TCS collection and related TCS compliances must be carried out by the ECO that ultimately releases payment to the supplier; if the supplier itself is an ECO receiving payment from the buyer side ECO, the buyer side ECO must collect TCS and fulfill TCS compliance obligations.

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Clarification on availability of ITC in respect of warranty replacement of parts and repair services during warranty period

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Warranty replacement tax treatment: free-of-charge parts and repairs during warranty not subject to further GST unless extra consideration.
Replacement parts and repair services supplied free of charge during the warranty period are covered by the value of the original supply and attract no ... Summary

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Acts Income Tax