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Circulars
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Regarding the nature of supply of Priority Sector Lending Certificates (PSLC).
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Inter-State supply of PSLC clarified for GST, with IGST payable and prior state tax payment protected.
Priority Sector Lending Certificates (PSLC) supplied between banks are treated as inter-State supply, with IGST payable on such supply for the specified periods and thereafter. Where banks have already paid CGST/SGST or CGST/UTGST on the same supply, IGST is not required to be paid. The communication also notes earlier guidance that had applied forward charge treatment and GST on PSLC supply.
Regarding clarification on payment of tax under CBEC Notification No. 02/2019-CT(R) dated 07.03.2019
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Tax payment clarification under GST notification forwarded for administrative action and guidance on compliance.
Clarification was issued on payment of tax under CBEC Notification No. 02/2019-CT(R) dated 07.03.2019. The communication notes that Circular No. 97/16/2019-GST dated 05.04.2019 had been issued on the same subject and forwards a copy for information and appropriate action by subordinate officers.
Clarification regarding filing of application for revocation of cancellation of registration in terms of Removal of Difficulty Order (RoD) number 05/2019.
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Revocation of registration: one-time opportunity to apply subject to furnishing outstanding returns and payment within prescribed period.
The circular grants a one time opportunity under Removal of Difficulty Order No. 05/2019 to apply for revocation of registrations cancelled under section 29(2) after statutory notice, provided applications are filed by 22 July 2019. It clarifies rule 23(1) provisos: if cancellation is from the cancellation order date, all returns up to that date must be filed and paid before filing revocation and returns for the period from cancellation order to revocation must be filed within thirty days of revocation; if cancellation is retrospective, revocation may be applied for subject to filing all returns for the cancelled period within thirty days of revocation.
Clarification in respect of utilization of input tax credit under GST.
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Input tax credit utilisation now requires full exhaustion of integrated tax credit before drawing on central or state credits, with portal caveat.
The Assam GST clarification permits utilisation of Integrated Tax input tax credit towards Central and State/Union Territory tax liabilities in any order or proportion, subject to the condition that the entire Integrated Tax ITC is exhaustively used first before Central or State/Union Territory ITC may be applied; until the common portal implements this changed order, taxpayers may continue to use ITC according to current portal functionality.
Implementation of MOU between India and Mozambique for import of pigeon peas and other pulses grown in Mozambique
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Certificate of Origin requirement for Mozambique pulses imports enables NOC-based customs clearance under MOU, subject to port restrictions.
Imports of pigeon peas and other pulses from Mozambique under the MOU are allowed for the 2019-20 fiscal year subject to conditions: import only through five specified ports; mandatory Certificate of Origin from the Institute de Cereais de Moc ambique with authorised signatures and stamps; the issuing authority must send a scanned copy to DGFT email addresses; the Indian importer must also send the scanned certificate to DGFT to obtain an NOC, which DGFT will grant after comparing the documents, enabling Customs clearance.
Guidelines for determination of allotment and trading lot size for Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs)
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Trading lot size rules set minimum lot based allotment and require exchanges to fix trading lot units for listed REITs/InvITs.
Guidelines set minimum allotment and trading lot rules for publicly offered REITs and InvITs: initial allotment lots must meet prescribed minimum values and consist of a defined number of units, allotments shall be in multiples of such lots, and follow on offers must follow lot based minimums tied to the trading lot. Exchanges must determine trading lot unit counts for listed trusts within six months. InvITs with aggregate consolidated borrowings and deferred payments above the designated threshold must disclose asset cover, debt equity ratio, debt service coverage ratio, interest service coverage ratio and net worth.
Guidelines on reply to query regarding producing / debiting of original document
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Submission of original documents: submit originals to the customs officer before replying to queries to avoid processing delays.
Where an Out of Charge officer raises a query on a Bill of Entry requiring production or debiting of original certificates or documents, the importer or Customs broker must first submit the original document to the concerned officer for verification/debiting and only thereafter submit the electronic reply to the query, to enable timely processing of the Bill of Entry and avoid repeat queries.
Clarifications on refund related issues under GST
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Refund of accumulated input tax credit: claim process requires officer calculation and electronic credit ledger debit before payment.
Clarifies procedures for refunding accumulated input tax credit where ITC reversals or specified supplier notifications apply: affected taxpayers may, as a one time measure for the same period of reversal, claim refunds under "any other" in FORM GST RFD 01A with required documentation; the proper officer will calculate admissible refund under CGST Rules, require debit from the electronic credit ledger via FORM GST DRC 03, and upon receipt of proof issue the refund order and payment advice. Late reversals attract interest and refunds follow only after reversal and interest payment. Merchant exporter claims involving supplier notifications follow analogous steps.
Phasing out of physical copies of Merchandise Exports from India Scheme (MEIS)/Service Exports from India Scheme (SEIS) Duty Credit Scrips issued with EDI port as port of registration
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Paperless duty credit scrips: electronic transmission to Customs replaces physical MEIS/SEIS copies for EDI-registered ports.
Paperless Duty Credit Scrips issued by DGFT for EDI-registered ports will be transmitted electronically to Customs and visible in ICES; exporters shall present scrip details (IEC, scrip number) to the proper officer instead of physical security-paper copies, with ownership verified via the DGFT website. All debits will be recorded in ICES, proper officers will verify correctness of electronic debits, no TRA will be issued for paperless scrips (restricting use to EDI ports), and physical scrips with TRA will continue for non-EDI ports.
The Nagaland Goods and Services Tax (Fifth Removal of Difficulties) Order, 2019.-
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Revocation of registration relief allows affected taxpayers served electronically to apply late for revocation under extended deadline.
The Order adds a proviso to section 30(1) of the NGST Act allowing a registered person who was served notice under section 169(1)(c) or (d), could not reply and whose registration was cancelled (for orders passed up to 31.03.2019), to file an application for revocation of cancellation of registration within an extended specified period.
Approval of hospital for the purpose of sub-clause (b) of clause (ii) of the proviso to clause (viii) of sub-section (2) of section 17 of the Income-tax Act, 1961 - M/s Shri Sai Hospital (a unit of Akhilesh Kumar Singh Hospital Private Limited), [PAN: AAJCA8384P], Plot# DS/2, Behind Geological Survey of India, Near Kankarbagh Police Station, West of Rajendra Nagar Over Bridge, Kankarbagh, Patna-800020
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Hospital approval for perquisite exclusion allows employer-paid medical expenses at approved hospital to be non-perquisite under income tax rules.
Approval is accorded to M/s Shri Sai Hospital under sub-clause (b) of clause (ii) of the proviso to clause (viii) of sub-section (2) of section 17 of the Income-tax Act, 1961 read with Rule 3A(1) and 3A(2), permitting employer-paid medical expenses for specified diseases or ailments at the approved hospital to be excluded from perquisite treatment under sections 15, 16 and 17, subject to non-transferability, exclusion of Indian systems/homeopathy, inspection, continued statutory compliance, and possible modification or withdrawal for misrepresentation or failure to meet conditions.
Approval of hospital for the purpose of sub-clause (b) of clause (ii) of the proviso to clause (viii) of sub-section (2) of section 17 of the Income-tax Act, 1961 - M/s Big Hospital (a unit of M/s Big Healthcare Pvt. Ltd.), [PAN: AAFCB8633C], Sheetala Mata Mandir Road, Near-Sump House, Agamkuan, Patna- 800030
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Hospital approval under Income Tax rules: employer-paid medical expenses for listed conditions excluded from perquisite taxation.
Approval is accorded to M/s Big Hospital for the purposes of sub clause (b) of clause (ii) of the proviso to clause (viii) of sub section (2) of section 17 of the Income tax Act, 1961, under Rule 3A(1) and 3A(2). Employer payments for medical treatment of an employee's family at the approved hospital for specified diseases and ailments will not be treated as a perquisite for sections 15, 16 and 17, subject to the enumerated disease categories, exclusion of Indian systems of medicine and homeopathy, non transferability, inspection rights, continued compliance, and withdrawal on misrepresentation.
Clarification with regard to the time allowed for filing of return of income subsequent to the insertion of Clause (ba) in sub-section 1 of section 12A of the income –tax Act , 1961
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Return filing deadline under section 139 clarifies eligibility for section 11 exemption for registered trusts when timely filed.
The insertion of clause (ba) in sub section (1) of section 12A requires that a person in receipt of income chargeable to tax must furnish the return of income within the time allowed under section 139 for a trust registered under section 12AA to avail exemption under section 11; returns required by sub section (4A) must therefore be filed within the time allowed under section 139 and assessments denying exemption solely for belated filing should be rectified.
Clarification in respect of utilization of input tax credit under GST
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Input tax credit priority: integrated tax must be exhausted before central or state credits, with portal transition allowed.
The amended NGST framework mandates that integrated tax input credit be completely exhausted before any central tax or state/union territory tax credit may be utilised. A rules provision allows integrated tax credit to be applied toward central and state/UT tax liabilities in any order or proportion subject to mandatory exhaustion of integrated credit first. Taxpayers may continue to follow the existing common portal functionality until the new order of utilization is implemented, and are urged to publicise the clarification and report implementation difficulties.
Clarification in respect of transfer of input tax credit in case of death of sole proprietor.
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Transfer of input tax credit on proprietor's death: transferee may claim unutilised credit after prescribed electronic filing.
Where a sole proprietor dies and the business is continued by a transferee or successor, unutilised input tax credit in the electronic credit ledger may be transferred to the transferee. The transferee must obtain registration effective from the date of transfer and indicate death of the proprietor; legal heirs may seek cancellation of the deceased's registration and must supply the transferee's GSTIN. The transferee must file the prescribed electronic request to transfer unutilised credit before applying for cancellation; upon acceptance the credit is credited to the transferee's electronic credit ledger. Transferor and transferee are jointly and severally liable for tax, interest and penalty arising from the transferor.
Clarifications on Verification of applications for grant of new registration.
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Registration verification: Fresh GST registrations may be rejected if prior registration was cancelled and revocation not sought.
Proper officers must verify whether applicants seeking a new GST registration on the same PAN had prior registrations cancelled for continued statutory violations and whether they have applied for revocation; failure to apply for revocation where cancellation grounds persist shall be treated as a deficiency and may warrant rejection of the fresh registration after portal-based comparison of prior and current application data and consideration of explanations furnished.
Clarifications on refund related issues under GST.
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Refund of Unutilized Input Tax Credit - portal workaround permits alternative filing and electronic credit ledger debit for processing.
Provides procedural clarifications for refund claims of unutilized ITC affected by lapsing notifications and portal validation: taxpayers who reversed required ITC in GSTR 3B but face portal limits may file RFD 01A under "any other" for the same period with full supporting documents; the proper officer will calculate admissible refund per refund rules, require electronic credit ledger debit via DRC 03, then issue RFD 06 and RFD 05. Those yet to reverse may use DRC 03; late reversals attract interest from the original due date until reversal. Merchant exporters and cases involving re credited ITC after deficiency memos follow analogous filing and processing steps.
Clarification on Nature of Supply of Priority Sector Lending Certificates (PSLC).
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Inter-state supply: IGST applies to trading of Priority Sector Lending Certificates, with credit where CGST/SGST already paid.
Supply of Priority Sector Lending Certificates (PSLC) between banks on the RBI e Kuber portal is treated as a supply of goods in the course of inter State trade or commerce, making IGST payable on such transactions; however, banks that have already paid CGST/SGST for a supply need not pay IGST for that supply.
Clarification on various doubts related to treatment of sales promotion schemes under GST.
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Treatment of sales promotion schemes under GST clarifies when free samples, discounts, and buy one get one offers affect taxability and ITC.
Goods or services supplied without consideration do not constitute supply under GST except where Schedule I applies; ITC is disallowed for inputs, input services and capital goods used for gifts or free samples unless distribution amounts to a supply under Schedule I. Buy one get one offers are treated as multiple supplies for a single price and taxability depends on whether the arrangement is a composite or mixed supply; ITC is available for inputs used in such offers. Invoice discounts and pre established volume discounts may be excluded from taxable value if statutory conditions are met; secondary post supply discounts via credit notes do not qualify for exclusion and do not affect ITC availability for the supplier.
Clarification regarding tax payment made for supply of warehoused goods while being deposited in a customs bonded warehouse for the period July, 2017 to March, 2018.
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Inter State characterization of warehoused goods: one time deeming treats central and state tax paid as compliance if equal to integrated tax.
Supplies of goods in customs bonded warehouses were inter State supplies but, due to portal limitations, were reported as intra State and taxed as central and state tax. As a one time exception, suppliers who paid central tax and state tax during the period in question will be deemed to have complied with tax payment obligations provided the sum of central and state tax paid equals the integrated tax due on those supplies.

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Clarification with regard to the time allowed for filing of return of income subsequent to the insertion of Clause (ba) in sub-section 1 of section 12A of the income –tax Act , 1961

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Return filing deadline under section 139 clarifies eligibility for section 11 exemption for registered trusts when timely filed.
The insertion of clause (ba) in sub section (1) of section 12A requires that a person in receipt of income chargeable to tax must furnish the return of ... Summary

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Acts Income Tax