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    Clarifications on various issues pertaining to special procedure for the manufacturers of the specified commodities as per Notification No. 04/2024 - ...
    Reduction of Government Litigation - fixing monetary limits for filing appeals or applications by the Department before GSTAT, High Courts and Supreme...
    Recognition of BSE Limited as Research Analyst Administration and Supervisory Body (RAASB) and Investment Adviser Administration and Supervisory Body ...
    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
    Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the TNGST Act, 2017 by the suppliers
    Clarification on time limit under Section 16(4) of TNGST Act, 2017 in respect of RCM supplies received from unregistered persons
    Clarification on valuation of supply of import of services by a related person where recipient is eligible to full input tax credit
    Clarifications on various issues pertaining to special procedure for the manufacturers of the specified commodities as per Tamilnadu Government Notifi...
    Reduction of Government Litigation - fixing monetary limits for filing appeals or applications by the Department before GSTAT, High Courts and Supreme...
    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 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 Ci...
    Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 53rd meeting held on 22nd June, 2024...
    Processing of refund applications filed by Canteen Stores Department (CSD)
    Mechanism for refund of additional Integrated Tax (IGST) paid on account of upward revision in price of the goods subsequent to exports
    Clarification on various issues pertaining to taxability and valuation of supply of services of providing corporate guarantee between related persons.
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Clarifications on various issues pertaining to special procedure for the manufacturers of the specified commodities as per Notification No. 04/2024 - State Tax dated 05.03.2024
Show AI Summary
Packing-machine compliance requires final-packing details, certified electricity ratings where needed, and principal manufacturer responsibility for unregistered job workers.
The special procedure requires manufacturers to report final-packing machine details in FORM GST SRM-I. Make and model are optional, but machine number is mandatory and may be self-assigned where unavailable. Electricity-consumption rating may be certified by a practicing Chartered Engineer where machine records do not provide it. The procedure excludes Special Economic Zone units and specified manual packing operations. It applies to job workers and contract manufacturers, while the principal manufacturer bears compliance responsibility for an unregistered job worker or contract manufacturer.
Reduction of Government Litigation - fixing monetary limits for filing appeals or applications by the Department before GSTAT, High Courts and Supreme Court
Show AI Summary
Monetary thresholds for departmental GST appeals reduce litigation while preserving merits review and exceptions for recurring legal issues.
Departmental GST appeals, applications and special leave petitions are subject to prescribed monetary thresholds, while every proposed appeal must also be considered on merits. The disputed amount is determined according to whether the dispute concerns tax, interest, penalty, late fee or erroneous refund; composite orders are assessed on the aggregate disputed amount. Thresholds do not apply to constitutional or statutory validity issues, valuation, classification, refunds, place of supply, recurring or interpretative issues, adverse strictures or costs, and matters requiring contest in the interest of justice or revenue. Non-filing solely on monetary grounds creates no precedent or departmental acquiescence.
Recognition of BSE Limited as Research Analyst Administration and Supervisory Body (RAASB) and Investment Adviser Administration and Supervisory Body (IAASB)
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Recognition of RAASB and IAASB enables BSE to administer RA/IA registration and impose administrative fees while ensuring fee neutrality.
BSE Limited is recognised as RAASB and IAASB for five years from July 25, 2024, and must adopt bye-laws, SOPs and guidance to supervise Research Analysts and Investment Advisers. Applicants for registration or renewal will pay administrative fees specified by RAASB/IAASB; SEBI's amended RA fee schedule takes effect from July 25, 2024, and total fees payable to SEBI and RAASB/IAASB will remain fee-neutral. Applications filed before July 25, 2024 will follow the previous SEBI fee structure, and other terms of SEBI's May 2, 2024 circular continue to apply.
Clarification on taxability of salvage/ wreck value earmarked in the claim assessment of the damage caused to the motor vehicle
Show AI Summary
Salvage ownership determines GST liability: insurers are taxable only when full claim settlement transfers salvage ownership for disposal.
GST treatment of motor-vehicle salvage depends on ownership under the insurance contract. Where a total-loss claim is settled after deducting salvage or wreck value, the salvage remains the insured's property and the insurer makes no supply or incurs GST liability on that value. Where the insurer settles the full insured declared value without deducting salvage value, ownership passes to the insurer. The insurer's subsequent disposal or sale of the salvage is an outward supply subject to GST.
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 for life insurance premium portions excluded from taxable value.
Input tax credit reversal is not required for the portion of premium under taxable life insurance policies that is excluded from taxable value as an investment or savings component. Such exclusion is a valuation mechanism and does not make that portion attributable to an exempt or non-taxable supply. As life insurance services remain taxable, credit-reversal provisions applicable to exempt supplies do not apply to the excluded premium amount.
Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company
Show AI Summary
ESOP share reimbursements at cost avoid GST, while foreign holding company markups attract reverse-charge tax liability.
Cost-to-cost reimbursement by a domestic subsidiary to its overseas holding company for ESOP, ESPP or RSU shares issued directly to employees is not an import of services and is outside GST, since securities are neither goods nor services. Stock-based benefits forming part of employment remuneration are likewise outside supply. However, any additional fee, markup or commission charged by the holding company is consideration for facilitation or arrangement services and attracts GST under reverse charge in the hands of the domestic subsidiary.
Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the TNGST Act, 2017 by the suppliers
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Post-supply discount tax credit notes require verifiable recipient input tax credit reversal before taxable value may be reduced.
Post-supply discounts through tax credit notes may be excluded from taxable value only where the discount was pre-agreed, linked to relevant invoices, and the recipient reverses attributable input tax credit. Pending portal-based verification, suppliers may obtain a Chartered Accountant or Cost Accountant certificate confirming reversal, with credit note, invoice, reversal amount, and supporting return or payment-document details. For discounts within the specified annual tax threshold, a recipient undertaking or certificate may be used. These records are admissible evidence in compliance proceedings, including for past periods.
Clarification on time limit under Section 16(4) of TNGST Act, 2017 in respect of RCM supplies received from unregistered persons
Show AI Summary
Reverse-charge input tax credit timing follows the recipient-issued invoice year, subject to tax payment, interest, and statutory conditions.
For reverse-charge supplies received from unregistered persons, the relevant financial year for the input tax credit limitation is the year in which the registered recipient issues the self-invoice. The recipient must issue the invoice, pay reverse-charge tax in cash, and possess the prescribed tax-paying document before availing credit. Credit is subject to the applicable section 16(4) deadline, payment of tax, and other input tax credit conditions and restrictions. Delayed invoice issuance or tax payment may attract interest and penal action.
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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Full input tax credit permits nil deemed valuation for related-party imported services under reverse charge.
For imported services supplied by a foreign affiliate to a related domestic entity eligible for full input tax credit, the value declared by the domestic recipient in its invoice may be deemed to be the open market value. Where no invoice is issued by the domestic recipient for a service received from the foreign affiliate and full input tax credit is available, the value may be treated as declared at nil and deemed to be the open market value.
Clarifications on various issues pertaining to special procedure for the manufacturers of the specified commodities as per Tamilnadu Government Notification No. II(2)/CTR/17(c-3)/2024 dated 09.01.2024
Show AI Summary
Special procedure for specified-commodity manufacturers clarifies machine disclosures, engineer certification, exclusions, and compliance by job workers and principals.
FORM GST SRM-I requires specified-commodity manufacturers to report packing-machine details, with optional make and model information but a mandatory machine number. Where electricity-consumption rating is unavailable from machine specifications or records, it may be calculated and certified by an eligible practicing Chartered Engineer, and the certificate must be uploaded with the form. The procedure excludes Special Economic Zone units and manual packing operations. It applies to all persons involved in job work or contract manufacturing; where such manufacturer is unregistered, the principal manufacturer bears compliance responsibility.
Reduction of Government Litigation - fixing monetary limits for filing appeals or applications by the Department before GSTAT, High Courts and Supreme Court
Show AI Summary
Monetary thresholds for departmental GST appeals require merit-based review while preserving challenges in excluded and recurring matters.
Departmental GST appeals are subject to monetary thresholds before the GST Appellate Tribunal, High Court and Supreme Court, but filing remains contingent on the merits of each case. The disputed amount is determined according to whether tax, interest, penalty, late fee or refund is in issue, with aggregation applying in composite orders. Thresholds do not apply to constitutional or statutory-validity issues, recurring interpretive disputes, adverse strictures or costs, and cases requiring contest in the interests of justice or revenue. Non-filing solely on monetary grounds creates neither precedent nor departmental acquiescence.
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
Time of supply in hybrid annuity highway contracts follows invoice or payment timing, treating construction and maintenance as continuous services.
Hybrid Annuity Model highway contracts are treated as a single continuous supply of services comprising construction and operation and maintenance, rather than separate contracts based on payment terms. Where invoices are issued by the specified contractual date or event-completion date, time of supply is the earlier of invoice issuance and payment receipt. If invoicing is delayed, it is the earlier of service provision, treated for continuous supplies as the contractual payment due date, and payment receipt. Interest included in annuity instalments is included in taxable value.
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 TNGST Act, 2017
Show AI Summary
Input tax credit for optical fiber network ducts and manholes remains available as plant and machinery.
Input tax credit on ducts and manholes forming part of an optical fiber cable network for telecommunication services is not restricted under section 17(5)(c) or (d) of the TNGST Act. These components house cables, operate as network nodes, and facilitate cable installation and maintenance. They form part of plant and machinery used for making outward supplies and do not fall within exclusions relating to land, buildings, civil structures, telecommunication towers, or pipelines 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 transactions: interest-only lending remains exempt, while separately charged processing or administrative fees attract GST.
Loans, credit or advances between related persons constitute supplies, but interest or discount charged for extending them is exempt from GST. Where no amount other than interest or discount is charged, no separate loan-processing, facilitation or administrative service may be imputed merely because the parties are related, and no notional open-market value applies. Separately charged processing fees, administrative charges, service fees or loan-granting charges are consideration for taxable 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 on approved reimbursement claims when invoices identify them as recipients.
Input tax credit is available to a general insurer for motor-vehicle repair services in reimbursement-mode claim settlements, to the extent of its approved repair liability, where the garage issues the invoice in the insurer's name. The insurer remains the recipient to that extent even if the insured first pays the garage and is later reimbursed. Where repair charges exceed the approved claim cost, credit is restricted to the amount reimbursed by the insurer. Credit is unavailable where the repair invoice is not issued 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. 11/2023 (PP6-GST/82/2023) dated 14.08.2023
Show AI Summary
Extended warranty taxation distinguishes composite goods supplies from separate service supplies and preserves ITC treatment for warranty replacements.
Warranty replacement treatment applies to replacement of entire goods as well as individual 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 the replenishment and the manufacturer need not reverse input tax credit. Extended warranty supplied by the same supplier at the original sale forms part of a composite supply of goods; where supplied by another person, or after the original sale, it is a separate supply of services.
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 clarification: specified goods' applicable rates confirmed and past-period doubts regularized on an as-is-where-is basis.
Clarifications address classification and GST rates for specified goods and regularisation of past-period doubts. Solar cookers using solar and grid power are classified under the relevant machinery heading and attract the prescribed rate. All sprinklers, including fire water sprinklers, attract the prescribed rate and past-period issues are regularized on an as-is-where-is basis. Parts of poultry keeping machinery are explicitly included in the rate schedule and regularized retrospectively. The definition of pre-packaged and labelled excludes agricultural produce in packages over twenty-five kilogram or litre, altering levy applicability, with past-period regularisation. Supplies to or by government agencies for approved subsidy programmes are regularized subject to certification and Input Tax Credit reversal conditions.
Processing of refund applications filed by Canteen Stores Department (CSD)
Show AI Summary
Refund entitlement for CSD on inward supplies allowed via new electronic procedure with eligibility and validation requirements specified.
CSDs may file refund claims electronically in FORM GST RFD-10A for fifty per cent of tax paid on inward supplies received for subsequent supply to Unit Run Canteens or authorized customers; claims must be filed quarterly (or clubbed), supported by supplier- and CSD-GSTIN-bearing invoices, an undertaking and declaration, and are permissible only where suppliers have reported the invoices in GSTR-1 and filed GSTR-3B. Proper officers will validate GSTINs and returns, match invoices with portal records (including GSTR-2B), restrict sanctioned refunds to 50% of applicable taxes with portal auto-population (editable downward only), verify ITC reversal where applicable, and issue orders in FORM GST RFD-06.
Mechanism for refund of additional Integrated Tax (IGST) paid on account of upward revision in price of the goods subsequent to exports
Show AI Summary
Refund of additional IGST for post-export price revisions allowed via FORM GST RFD-01, processed by the jurisdictional GST officer.
Procedure for refund of additional IGST paid on account of upward revision in export prices: exporters may file FORM GST RFD-01 electronically for refund processed by the jurisdictional GST officer under rule 89, uploading Statements 9A and 9B and documentary evidence including shipping bills, invoices and proof of payment and foreign exchange remittance; GSTN will provide validated shipping bill and customs refund data to assist verification and the proper officer will scrutinize reporting in outward supplies and GSTR-3B before issuing refund sanction and payment orders.
Clarification on various issues pertaining to taxability and valuation of supply of services of providing corporate guarantee between related persons.
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Valuation of corporate guarantee: annual deemed value or actual consideration governs GST liability on issuance and renewals.
For guarantees issued or renewed on or after the amendment, valuation of the service of providing a corporate guarantee to a banking company or financial institution for a related recipient is the higher of actual consideration and a deemed annual benchmark based on the amount guaranteed multiplied by the number of years the guarantee covers; proportionate valuation applies for periods shorter than a year, and tax is payable on issuance and on each renewal. The value is determined by the amount guaranteed irrespective of actual loan disbursal, and where full input tax credit is available the invoice value is deemed the value of supply.

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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

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GST treatment of related party loans: interest only consideration exempt, separate processing fees are taxable services.
Under the CGST Act, supply between related persons is treated as supply, but services of extending loans where consideration is only interest or discount ... Summary

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Acts Income Tax