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    Monthly Public Notice containing therein list of EGM errors
    Clarifications regarding applicability of GST on certain services
    Clarification regarding GST rate on imitation zari thread or yarn based on the recommendation of the GST Council in its 52nd meeting held on 7th Octob...
    Clarification on issues pertaining to taxability of personal guarantee and corporate guarantee in GST
    Clarification on issues pertaining to taxability of personal guarantee and corporate guarantee in GST
    Amendment in Para 4.49 (b) of the Handbook of Procedures, 2023
    Filings under section 124 and section 125 of the Companies Act 2013 read with IEPFA (Accounting, Audit, Transfer and Refund) Rules 2016 in view of tra...
    Master Directions on Fraud Risk Management in Commercial Banks (including Regional Rural Banks) and All India Financial Institutions
    Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 53rd meeting held on 22nd June, 2024...
    Clarifications regarding applicability of GST on certain services
    Clarification on time of supply of services of spectrum usage and other similar services under GST.
    Clarification on time of supply in respect of supply of services of construction of road and maintenance thereof of National Highway Projects of Natio...
    Clarification on place of supply applicable for custodial services provided by banks to Foreign Portfolio Investors
    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 th...
    Clarification regarding taxability of the transaction of providing loan by an overseas affiliate to its Indian affiliate or by a person to a related p...
    Entitlement of ITC by the insurance companies on the expenses incurred for repair of motor vehicles in case of reimbursement mode of insurance claim s...
    Clarification in respect of GST liability and input tax credit (ITC) availability in cases involving Warranty/Extended Warranty, in furtherance to Cir...
    Clarification on taxability of salvage/wreck value earmarked in the claim assessment of the damage caused to the motor vehicle.
    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 inc...
    Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company.
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Monthly Public Notice containing therein list of EGM errors
Show AI Summary
Export General Manifest compliance requires correction of EGM errors and pending filings to prevent delays in post-export incentives.
EGM filing requires the person in charge of a conveyance carrying export goods to deliver the manifest to the proper officer before departure from the Customs station. Incorrect or pending EGM filing may delay post-export benefits and incentives. Exporters and Customs Brokers must review identified Shipping Bills, coordinate with the concerned airlines to rectify EGM errors or complete pending EGM filing, and may raise implementation-related difficulties with Customs export officers.
Clarifications regarding applicability of GST on certain services
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GST applicability clarified for composite supplies, pure agent treatment, job work maltification, leasing exclusion and governmental exemptions.
Clarifies that concessional input credit and 5% transport rate apply only to passenger transport and renting with operator, excluding leasing without operator; bundled electricity with renting/maintenance is a composite supply taxed at the principal supply rate unless supplied by a pure agent on actual basis; job work converting barley to malt is job work in relation to food products and attracts the food job work rate; DMFTs are Governmental Authorities eligible for exemptions; horticulture services to CPWD with goods value 25% are exempt under the cited state notification.
Clarification regarding GST rate on imitation zari thread or yarn based on the recommendation of the GST Council in its 52nd meeting held on 7th October, 2023
Show AI Summary
GST rate on imitation zari thread clarified: metallised polyester/plastic-film yarn included under reduced treatment; no inversion refunds.
Imitation zari thread or yarn made from metallised polyester film or plastic film that meets the HS description of yarn combined with or covered by metal is covered by the imitation zari entry in Schedule I and attracts the reduced GST rate; amendments to the State notification implement this, and no refund is permitted for polyester (metallised)/plastic film on account of tax inversion.
Clarification on issues pertaining to taxability of personal guarantee and corporate guarantee in GST
Show AI Summary
Taxability of guarantees: personal guarantees may be taxable zero where no consideration; corporate guarantees valued per prescribed rule.
Personal guarantees by directors are supply between related persons even without consideration; due to regulatory prohibition on paying consideration to such guarantors, their open market value may be treated as zero and thus taxable value zero unless remuneration is in fact paid. Corporate guarantees between related companies, including holding-subsidiary guarantees, are supply and their taxable value is to be determined by the prescribed valuation rule; a newly inserted sub-rule governs valuation of such corporate guarantees and applies irrespective of input tax credit availability. The valuation sub-rule does not apply to personal guarantees.
Clarification on issues pertaining to taxability of personal guarantee and corporate guarantee in GST
Show AI Summary
Taxability of guarantees: personal guarantees may have zero taxable value; corporate guarantees are valued under related-party rules.
Personal guarantees by directors for company borrowings constitute a supply of service between related persons and are valued at open market value; where regulatory mandates bar any consideration the open market value may be zero and taxable value nil, except where remuneration is in fact paid. Corporate guarantees by related companies or by a holding company for a subsidiary are treated as supplies between related persons and must be valued under the amended related-party valuation provision, which applies regardless of input tax credit availability; that amended provision does not apply to personal guarantees.
Amendment in Para 4.49 (b) of the Handbook of Procedures, 2023
Show AI Summary
Composition fee for value-add shortfall reduced, lowering penalty obligation for exporters under authorisation when value addition is below minimum.
Amendment revises Para 4.49(b) of the Handbook of Procedures, 2023: where the Export Obligation is fulfilled in quantity but Value Addition falls below the minimum prescribed, the Authorisation holder must deposit a reduced composition amount calculated as a percentage of the FOB value shortfall, payable in Indian Rupees online via the DGFT website; the change lowers the composition fee to streamline compliance.
06/2024 - 16-07-2024 Companies Law
Filings under section 124 and section 125 of the Companies Act 2013 read with IEPFA (Accounting, Audit, Transfer and Refund) Rules 2016 in view of transition from MCA 21 version 2 to version 3
Show AI Summary
IEPF filings transition relief: additional filing fees and specified e verifications waived, with one time relaxation for rule seven compliance.
The Ministry of Corporate Affairs has waived additional filing fees for specified IEPF e forms (IEPF 1, IEPF 1A, IEPF 2, IEPF 4) and for e verification of claims in e form IEPF 5 during the MCA21 V2 to V3 transition, and granted a one time relaxation for e verification under the third proviso to sub rule (3) of rule 7 of the IEPFA Rules to enable stakeholders to regularise filings without the additional fee.
Master Directions on Fraud Risk Management in Commercial Banks (including Regional Rural Banks) and All India Financial Institutions
Show AI Summary
Fraud Risk Management in banks: mandatory EWS, red flagging, natural justice procedures, and RBI/CFR reporting timelines.
These Directions require banks to adopt a Board approved Fraud Risk Management Policy, establish EWS and Red Flagging frameworks integrated with core systems and analytics, investigate red flagged accounts via internal or external audit, adhere to principles of natural justice (SCN, 21 days, reasoned order), report red flagged accounts meeting CRILC threshold to RBI within seven days and all frauds to RBI via FMRs within 14 days, use the Central Fraud Registry for risk management, complete classification within 180 days, and ensure staff accountability and prescribed reporting to LEAs and other authorities.
Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 53rd meeting held on 22nd June, 2024, at New Delhi
Show AI Summary
GST classification clarifications confirm applicable rates on specified goods and regularise past-period issues subject to conditions.
Clarification under section 168(1) classifies dual-energy solar cookers under heading 8516 and confirms the applicable rate; treats all sprinklers, including fire water sprinklers, as falling within the sprinkler entry and applicable rate with past-period regularisation; amends the tariff entry to explicitly include parts of poultry-keeping machinery with the applicable rate and past-period regularisation; narrows the scope of "pre-packaged and labelled" to exclude agricultural farm produce in packages over twenty-five kilogram or litre so such supply will not attract the specified levy, with past-period regularisation; and regularises past supplies of pulses and cereals made to or by government-engaged agencies under approved programmes subject to a Deputy Secretary certificate and reversal or disallowance of input tax credit.
Clarifications regarding applicability of GST on certain services
Show AI Summary
GST exemption scope clarified for railways, SPVs, RERA, digital payment incentives, reinsurance and certain accommodation services.
GST applicability clarified across several service categories: Ministry of Railways supplies to the public and inter division supplies are exempted with past liabilities regularised; SPV supplies permitting use of SPV infrastructure and reciprocal maintenance services are exempted with past period regularisation; statutory collections by RERA are covered by the governmental authority exemption; incentive shares under the RuPay/UPI scheme distributed as decided by NPCI are treated as subsidy and not taxable; reinsurance (including retrocession) of specified exempt and government funded schemes is regularised for past periods; specified accommodation services meeting value and duration criteria are exempted with retrospective regularisation.
Clarification on time of supply of services of spectrum usage and other similar services under GST.
Show AI Summary
Continuous supply of spectrum usage attracts reverse-charge GST when upfront payment or each deferred instalment becomes due or is paid.
Spectrum allocation involving an instalment option is a continuous supply of services, with GST payable by the telecom operator under reverse charge. The Frequency Assignment Letter is a bid-acceptance and allocation instrument, not an invoice-equivalent document for applying the sixty-day reverse-charge rule. GST on upfront payment is payable when payment is made or becomes due, whichever is earlier; for deferred payments, GST is payable when each instalment is due or paid, whichever is earlier. This treatment also applies to similar government allocations of natural-resource usage rights.
Clarification on time of supply in respect of supply of services of construction of road and maintenance thereof of National Highway Projects of National Highways Authority of India (NHAI) in Hybrid Annuity Mode (HAM) model.
Show AI Summary
Continuous supply of services under hybrid annuity road contracts determines tax timing and includes interest in taxable value.
Hybrid Annuity Model road construction and operation-and-maintenance obligations constitute a single continuous supply of services and cannot be split merely because payments are staggered. If an invoice is issued by the contractual specified date or event-completion date, tax liability arises on the earlier of invoice issuance or payment receipt. If not, liability arises on the earlier of the contractual payment due date, treated as the service-provision date, or payment receipt. Interest included in annuity or instalment payments is includible in taxable value.
Clarification on place of supply applicable for custodial services provided by banks to Foreign Portfolio Investors
Show AI Summary
Custodial services to foreign portfolio investors follow the default place-of-supply rule, not deposit account holder treatment.
Place of supply for custodial services supplied by banks or financial institutions to Foreign Portfolio Investors is determined under the default rule in section 13(2) of the Integrated Goods and Services Tax Act, 2017. Such services are not supplied to an account holder for section 13(8)(a), which concerns holders of interest-bearing deposit accounts. Custodial functions, including safekeeping securities, maintaining securities accounts and records, collecting benefits, and communicating issuer actions, are distinct from ordinary banking services to deposit account holders. The recipient's location applies where ascertainable; otherwise, the supplier's location applies.
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 GGST Act, 2017.
Show AI Summary
Input tax credit on optical fiber network ducts and manholes remains available as plant and machinery for telecommunication services.
Input tax credit on ducts and manholes forming part of an optical fiber cable network used to provide telecommunication services is not restricted under the blocked-credit provisions concerning works contract services or construction of immovable property. These components are integral to transmitting telecommunication signals and fall within plant and machinery because they are used for making outward supplies. They are not excluded as land, buildings, civil structures, telecommunication towers or pipelines laid outside factory premises.
Clarification regarding taxability of the transaction of providing loan by an overseas affiliate to its Indian affiliate or by a person to a related person.
Show AI Summary
Related-party loan processing remains outside GST when consideration is only interest or discount, while separate fees are taxable.
GST exemption applies to loans, credit or advances where consideration is solely interest or discount, other than interest in credit card services. No separate processing, facilitation or administration service is deemed in loans between an overseas affiliate and its Indian affiliate, or between related persons, merely because no fee other than interest or discount is charged; open market value cannot be used to levy GST on such deemed service. Processing, administrative, service or loan-granting fees charged in addition to interest or discount are taxable consideration for loan-related services.
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.
Show AI Summary
Motor repair ITC allows insurers credit for reimbursed approved repair costs when invoices are issued in their name.
ITC is available to motor insurers for repair services settled through reimbursement where the garage invoice is issued in the insurer's name. The insurer is the recipient to the extent of its approved repair liability, notwithstanding that the insured initially pays the garage. Where repair charges exceed the approved claim cost, credit is limited to the amount reimbursed by the insurer; separate invoicing permits credit on the invoice issued to the insurer. No ITC is available if the repair invoice is not in the insurer's name.
Clarification in respect of GST liability and input tax credit (ITC) availability in cases involving Warranty/Extended Warranty, in furtherance to Circular No. 195/07/2023-GST dated 08.08.2023
Show AI Summary
Extended warranty taxation treats separately supplied or post-sale coverage as services, while warranty stock replenishment remains non-taxable.
Warranty replacement treatment applies to replacement of entire goods as well as parts. Where a distributor replaces goods or parts from its own stock on behalf of a manufacturer and receives replenishment without separate consideration, no GST is payable on replenishment and the manufacturer need not reverse input tax credit. Extended warranty supplied by a person different from the goods supplier is a separate supply of services. Extended warranty supplied after the original sale is also a distinct taxable supply of services.
Clarification on taxability of salvage/wreck value earmarked in the claim assessment of the damage caused to the motor vehicle.
Show AI Summary
Motor-vehicle salvage ownership determines whether insurers incur GST liability when damaged vehicle wreckage is subsequently sold.
GST treatment of motor-vehicle salvage depends on contractual ownership after claim settlement. Where the insurer deducts agreed salvage value from a total-loss claim, salvage remains with the insured; the deduction is a contractual deductible, not consideration for a supply by the insurer, and no GST liability arises for the insurer. Where the insurer settles the claim for the full declared vehicle value without a salvage deduction, salvage becomes the insurer's property. The insurer must discharge outward GST on its subsequent sale or supply of that 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 taxable value.
Show AI Summary
Input tax credit reversal is not required where life insurance premium is excluded from taxable value under prescribed valuation rules.
Input tax credit reversal is not required for the portion of premium excluded from taxable value under rule 32(4) of the Gujarat GST Rules for taxable life insurance policies. Premium allocated towards investment or savings is excluded under the prescribed valuation mechanism, but this exclusion does not make that amount an exempt or non-taxable supply. Since life insurance service remains taxable and is neither nil-rated nor wholly exempt, the input tax credit restrictions applicable to exempt supplies do not apply to the excluded premium portion.
Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company.
Show AI Summary
ESOP reimbursement taxability excludes cost-to-cost share recoveries, but additional facilitation charges attract GST under reverse charge.
GST does not apply where an overseas holding company directly issues ESOPs, ESPPs or RSUs to employees of its domestic subsidiary and the subsidiary reimburses only the cost of the securities on a cost-to-cost basis. Securities are neither goods nor services, and employee compensation under an employment arrangement is outside supply. However, any additional fee, markup, commission or similar recovery above the securities cost is consideration for facilitating or arranging the transaction. GST applies to that additional amount under reverse charge as an import of services by the domestic subsidiary.

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Waiver of late fees due to Non-transmission of EPCG and DEEC (Advance Authorisation) Licences Online from DGFT to ICEGATE System –Reg

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Waiver of late fees for bills of entry due to licence non transmission at Chennai ports between 26 Jun-6 Jul.
Late fees are waived for bills of entry filed against 55 EPCG and DEEC (Advance Authorisation) licences that were not transmitted from DGFT to ... Summary

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Acts Income Tax