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Circulars
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Launch of functionalities/features on Customs Brokers Licensing Management System (CBLMS)
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Customs Broker licensing management expands through digital succession, offence processing, profile updates, electronic NOCs, document issuance and account security.
CBLMS introduces online facilities for continuation of a proprietorship Customs Broker licence by an eligible major legal heir holding a G card, through a two-stage application process. Its offence module enables access to notices and orders, submission of replies, personal-hearing management, online penalty payment, notifications and case-history access. The portal also supports profile and address modifications, employee and other policy section details, electronic NOCs, issuance of downloadable official documents, notifications, user manuals and account lockout after repeated incorrect password attempts.
Clarification on availability of input tax credit on ducts and manholes used in network of optical fiber cables (OFCs) in terms of section 17(5) of the APGST Act, 2017
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Input tax credit availability: ducts and manholes in OFC networks treated as plant and machinery permitting ITC for telecom services.
Ducts and manholes used as conduits and network nodes for optical fiber cable networks are treated as plant and machinery under the Explanation to the GST provision and therefore availment of input tax credit on such ducts and manholes is not barred by the blocked credit clauses that restrict ITC for immovable property or related works contract receipts.
Clarification regarding tax ability of the transaction of providing loan by an overseas affiliate to its Indian affiliate or by a person to a related person
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GST treatment of related-party loans clarified: interest-only lending is exempt, while loan-processing fees remain taxable.
Taxability of loans between related persons or between an overseas affiliate and its Indian affiliate is clarified under GST. A loan granted between related persons in the course or furtherance of business is a supply under Schedule I, but where the only consideration is interest or discount, the transaction of extending deposits, loans or advances is exempt from GST. Where no processing fee, administrative charge, service fee or loan-granting charge is levied over and above interest or discount, the lending arrangement is not to be treated as a supply of processing, facilitating or administering the loan.
Entitlement of ITC by the insurance companies on the expenses incurred for repair of motor vehicles in case of reimbursement mode of insurance claim settlement
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Input tax credit entitlement for insurers on motor vehicle repair expenses confirmed where insurer bears approved repair liability through reimbursement.
ITC is available to general insurance companies for motor vehicle repair services reimbursed by them because the insurer, by reimbursing approved repair cost, is the recipient to that extent. Where separate invoices distinguish approved claim cost and excess amounts, ITC may be claimed on the invoice issued to the insurer; if a single invoice in the insurer's name covers full amount but insurer reimburses only approved cost, ITC is limited to the reimbursed approved cost. Absence of invoice in insurer's name precludes ITC.
04/2024 - 04-07-2024 Companies Law
Filing of Forms [BEN-2, MGT-6] due to migration from V2 Version to V3 Version in MCA 21 Portal from 4th July, 2024 to 14th July, 2024
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Filing extension for BEN-2 and MGT-6 due to portal migration; additional time granted without extra fees.
Ministry of Corporate Affairs will introduce eForm MGT-6 and BEN-2 in MCA-21 Version 3.0 on 15 July 2024, rendering these forms unavailable in Version 2.0 during the migration window from 4 July 2024 to 14 July 2024. Where due dates for filing BEN-2 or MGT-6 fall within that migration period, stakeholders are allowed an additional 15 days to file without payment of additional fees, the concession having been approved by the Competent Authority.
Reduction in denomination of debt securities and non-convertible redeemable preference shares
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Reduction in denomination of debt securities expands retail access; permits smaller private placements with prescribed safeguards.
Issuers may offer debt securities and non-convertible redeemable preference shares on private placement at a face value of Rs. Ten Thousand if they appoint at least one Merchant Banker, issue interest/dividend-bearing instruments with fixed maturity and no structured obligations, and, where applicable, employ permitted credit enhancements. Credit Rating Agencies must verify that support is unconditional, irrevocable and legally enforceable and that the support provider has a lower probability of default than the issuer. Trading lots shall equal face value and the amendments apply to private placement issues proposed to be listed from the circular's issuance.
Carriage of coastal cargo from one Indian port to another Indian port, in vessels carrying out coastal run- reg.
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Carriage of coastal cargo: consignors must present Bills of Coastal Goods at gate for preventive official processing and manifest compliance.
Consignors of coastal goods must present a Bill of Coastal Goods at the Green Gate and comply with the prescribed circular procedures, with BCG processing handled by the customs preventive official to expedite gate-in for vessels carrying both EXIM and coastal cargo. Vessels exclusively carrying coastal goods are exempt from filing BCGs but must file coastal arrival and departure manifests for cargo unloaded, carried forward, or loaded.
Implementation of the Sea Cargo Manifest and Transshipment Regulations (SCMTR) - Reg.
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Sea Cargo Manifest transition extended to allow parallel filing, urging stakeholders to adopt new SCMTR formats for compliance.
Extension permits continued acceptance of legacy manifest formats until 31st August 2024 to enable phased migration to new SCMTR formats and systems. Stakeholders must begin parallel filing in the new format immediately; amendments may continue in the old format during this phase. Complete details must be filed in the new format for matching and completeness analysis. DGoS will issue guidance on registration and filing requirements, troubleshoot errors, and make message filing mandatory location-wise via local public notices.
Clarification on taxability of salvage/ wreck value earmarked in the claim assessment of the damage caused to the motor vehicle
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GST liability on salvage value in motor vehicle insurance claims turns on whether ownership stays with the insured or passes to the insurer.
GST liability on salvage or wreck value in motor vehicle insurance claim settlements depends on the insurance contract. If salvage value is deducted from the claim as a pre-agreed deductible and ownership remains with the insured, the insurer is not liable to pay GST on that salvage value. If the claim is settled for the full insured declared value without deduction and the salvage passes to the insurer, GST is payable on the outward supply arising from disposal or sale of the salvage.
Clarification on the requirement of reversal of input tax credit in respect of the portion of the premium for life insurance policies which is not included in tax value
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Input tax credit reversal on life insurance premium excluded from taxable value is not required under GST rules.
The portion of premium in life insurance policies excluded from taxable value under Rule 32(4) of the Andhra Pradesh GST Rules, 2017 is not to be treated as a non-taxable supply or exempt supply. Mere exclusion from taxable value does not make that portion exempt, and therefore input tax credit reversal is not required under Section 17 read with Rules 42 and 43 in respect of such amount.
Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company
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ESOP and RSU GST treatment clarified for foreign holding company share allocations and cost-to-cost reimbursements.
Clarification is issued on the GST treatment of ESOP, ESPP and RSU arrangements where a foreign holding company directly allocates shares or securities to employees of an Indian subsidiary as part of the compensation package. The circular explains that the transfer of shares or securities is not a supply of goods or services under GST, and that employee participation under the employment contract is outside GST under Schedule III. Cost-to-cost reimbursement by the subsidiary is not treated as import of services, but any additional fee, markup or commission charged by the foreign holding company is taxable as a facilitation or arranging service on reverse charge basis.
Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the APGST Act, 2017 by the suppliers
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Reversal of Input Tax Credit: interim certificate requirement for post supply discounts to validate exclusion from taxable value.
Where suppliers issue tax credit notes post supply, the discount is excludable from taxable value only if it meets the Section 15(3)(b) conditions including proportionate reversal of input tax credit by the recipient; until portal verification exists, suppliers must obtain a CA/CMA certificate (with UDIN) from the recipient detailing credit notes, relevant invoices, ITC reversal amounts and supporting FORM GST DRC 03/return evidence, or where tax involved is below a low threshold, an undertaking from the recipient; such documents constitute admissible evidence and must be produced to tax officers on demand.
Clarification on time limit under Section 16(4) of HGST Act, 2017 in respect of RCM supplies received from unregistered persons
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Reverse charge input tax credit timing: ITC tied to the financial year of recipient-issued invoice, subject to tax payment and conditions.
Where a registered recipient must self-issue an invoice and pay tax in cash under the reverse charge mechanism for supplies from unregistered persons, the relevant financial year for the time limit to avail input tax credit is the financial year in which the recipient issues that invoice, provided tax is paid and other statutory conditions for ITC are fulfilled; delayed issuance and delayed tax payment attract interest and may attract penal consequences.
Clarification on valuation of supply of import of services by a related person where recipient is eligible to full input tax credit
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Valuation of import of services: invoice-declared value deemed open market value where recipient claims full input tax credit.
Where a registered person in India imports services from a related person outside India and is eligible for full input tax credit, the value declared in the recipient's invoice/self-invoice shall be deemed to be the open market value under the second proviso to Rule 28(1). The recipient must pay tax under reverse charge and issue a self-invoice; if no invoice is issued and the recipient declares Nil, that Nil declaration may be treated as the open market value for valuation purposes.
Clarification on the provisions of clause (ca) of Section 10(1) of the Integrated Goods and Service Tax Act, 2017 relating to place of supply of goods to unregistered persons
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Place of supply for unregistered recipients follows the delivery address recorded on the invoice, not the billing address.
Clause (ca) to Section 10(1) of the IGST Act makes the invoice-recorded address of an unregistered person the determinative place of supply, and where invoice records no address the supplier's location applies; recording the State name suffices. For supplies (including via e-commerce) where billing and delivery addresses differ, the delivery address recorded on the invoice shall determine the place of supply, and suppliers may record the delivery address as the recipient's invoice address for that purpose.
Clarifications on various issues pertaining to special procedure for the manufacturers of the specified commodities as per Notification No. 03/GST-2, dated 24.01.2024
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Special procedure compliance for manufacturers requires machine identification, certified electricity ratings, and principal liability for unregistered job workers.
The circular clarifies compliance under the special procedure of Notification No. 03/GST-2: make and model in Table 6 of FORM GST SRM-I are optional (year may substitute for make), machine number is mandatory and may be assigned if absent; electricity consumption must be declared from machine records or certified per-hour by a Practicing Chartered Engineer in FORM GST SRM-III and uploaded; sale price is to be entered where no MRP exists in Table 9; SEZ units and manual packing/sealing are excluded; report final packing machine in Table 6; job workers are covered but the principal manufacturer bears liability if the job worker is unregistered.
Reduction of Government Litigation - fixing monetary limits for filing appeals or applications by the Department before GSTAT, High Courts and Supreme Court
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Monetary limits for government appeals restrict departmental appeals, subject to specified exclusions and merit-based exceptions.
Fixes monetary thresholds below which State tax officers shall not file appeals or Special Leave Petitions under the HGST Act, prescribes principles for computing the amount in dispute (tax, interest, penalty, late fee, or refund), applies aggregation rules for composite orders, and lists exclusions requiring appeals on merits irrespective of thresholds. It mandates recording reasons for non-filing, clarifies non-precedential effect of non-filing and absence of departmental acquiescence, and requires departmental counsel to inform tribunals or courts that non-filing was due to monetary limits.
Release of foreign exchange for Miscellaneous Remittances
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Form A2 requirement: all cross border remittances must be supported by Form A2, irrespective of transaction value.
Authorised Dealers must obtain Form A2, physical or digital, for all cross border remittances irrespective of transaction value, replacing prior permissive practice that allowed release of foreign exchange on a simple letter for lower value transactions. The earlier circulars permitting limited documentary requirements are withdrawn. Authorised Dealers must continue to ensure transactions do not contravene the Foreign Exchange Management Act and inform their constituents; the directions are issued under the Act and do not affect other statutory permissions.
Online submission of Form A2: Removal of limits on amount of remittance
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Online Form A2 remittances allowed without amount limits, subject to FEMA conditions and KYC compliance.
All Authorised Dealers may accept remittances on the basis of online or physical submission of Form A2 with no limit on the remitted amount, subject to Section 10(5) of FEMA 1999. Authorised Dealers must adopt Board approved guidelines, comply with FEMA and the Master Direction on KYC, and continue reporting transactions in FETERS; directions are issued under sections 10(4) and 11(1) of FEMA without prejudice to other legal permissions.
Revised Monetary Limits for Adjudication of Show Cause Notices in Central Excise for commodities classified under Chapter 24 of Schedule IV of Central Excise Act, 1944
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Adjudication monetary limits align central excise and GST show cause notices on tobacco to a single adjudicating authority.
A tiered adjudication scheme sets monetary limits for issuing show cause notices and adjudication of central excise duty/CENVAT credit for Chapter 24 commodities: Superintendents up to twenty lakh, Deputy/Assistant Commissioners above twenty lakh up to two crore, and Additional/Joint Commissioners above two crore. The limits apply to notices issued from 01.07.2017 pending adjudication; otherwise prior circular limits prevail. Central Excise notices arising alongside GST notices will be assigned to the CGST adjudicating authority so the same or a senior authority decides both matters, with specified assignment powers for senior Commissioners and DGGI officers.

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Clarification on valuation of supply of import of services by a related person where recipient is eligible to full input tax credit

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Valuation of import of services: invoice-declared value deemed open market value where recipient claims full input tax credit.
Where a registered person in India imports services from a related person outside India and is eligible for full input tax credit, the value declared in ... Summary

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Acts Income Tax