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Circulars
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Corrigendum to Circular No. 237/31/2024-GST dated 15th October, 2024 issued vide F. No. CBIC-20001/6
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Refund restriction clarification: pre-deposit refunds for appeals decided for taxpayers remain exempt from the new restriction.
Clarifies that the refund restriction in the Finance (No. 2) Act, 2024 does not apply to refunds of amounts paid as pre-deposit when filing appeals under the CGST appellate provisions where those appeals are decided in the taxpayer's favour.
Clarification of various doubts related to Section 128A of the CGST Act, 2017
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Waiver of interest or penalty: taxpayers may obtain relief for specified past GST demands by paying full tax and complying.
The circular sets out eligibility, filing and processing rules for a waiver of interest or penalty relating to certain past GST demands: taxpayers must file designated electronic applications for each notice/order, withdraw or document withdrawal of pending appeals/writs, and pay the full tax demand (after deducting amounts no longer payable due to retrospective ITC provisions) by the notified deadline to be eligible. Payments may be made from cash or credit ledgers subject to specified exceptions; officers will examine applications, allow hearings, and issue acceptance or rejection orders within prescribed timelines, with deemed approval where timelines lapse.
Clarifying the issues regarding implementation of provisions of sub-section (5) and sub-section (6) in section 16 of CGST Act, 2017
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Retrospective input tax credit entitlement: procedures enable rectification and claiming credit, while refund of paid tax or reversed credit is barred.
Retrospective amendments create an entitlement to claim input tax credit for specified prior financial years and upon revocation of registration cancellation, overriding the time bar in subsection (4), while section 150 bars refunds for tax paid or credits reversed. Tax authorities must apply the retrospective entitlement at all stages-investigation, notices, adjudication, revision and appeals-and taxpayers with final orders may seek rectification under a notified special procedure that prescribes electronic filing, annexures of eligible credit, processing by the original officer, electronic summary uploads, and appeal rights against rectified orders.
Clarification regarding the scope of “as is / as is, where is basis” mentioned in the GST Circulars issued on the basis of recommendation of the GST Council in its meetings.
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Regularization on as is basis accepts lower or nil tax as full discharge; no refunds to higher-paying taxpayers.
The circular clarifies that regularisation on an "as is" or "as is, where is" basis accepts payment of tax at a lower rate or nil as a full discharge of tax liability for the period regularised; taxpayers who paid a higher rate are not entitled to refunds, and the tax position declared in returns is the operative record. Where Council regularisation favours a higher rate, non-payment is not regularised and the tax will be recovered from non-payers.
Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 54th meeting held on 9th September, 2024, at New Delhi
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GST classification and rates updated: HS code and rate changes for extruded snacks, rail AC units, and vehicle seats.
Clarification updates GST classification and applicable rates: extruded or expanded savoury products under HS 1905 90 30 attract 12% from the notification's effective date while un fried or un cooked snack pellets by extrusion remain at 5% and prior periods are liable to 18%. Roof Mounted Package Unit air conditioners for railways are classified under HS 8415. Seats for two wheelers are classifiable under HS 8714 and car seats under HS 9401, with car seats moved to the higher rate prospectively to align with two wheeler seat rates.
Clarifications regarding applicability of GST on certain services
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GST applicability on educational affiliation, aviation training, helicopter transport and ancillary services clarified and tax liabilities regularized.
Clarifies GST applicability and regularises past liabilities across sectors: affiliation services by universities/boards to colleges/schools (taxable at 18%; exemption for government schools from 10.10.2024; past liability regularised for specified periods), DGCA approved flying training exempt as educational services, helicopter seat share transport taxed at 5% (charter at 18%) with regularisation, GTA ancillary services treated as composite supply when provided in course of transport, exemption and regularisation for specified imports by foreign airlines, PLC treated as part of construction composite supply, exemption and regularisation for electricity utility ancillary services, and regularisation for film distribution theatrical rights.
Clarification regarding regularization of refund of IGST availed in contravention of rule 96(10) of CGST Rules, 2017, in cases where the exporters had imported certain inputs without payment of integrated taxes and compensation cess
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IGST refund regularisation requires prescribed guidelines where export inputs were imported without payment of integrated tax and cess.
IGST refund regularisation is clarified for exporters who availed refund while importing specified inputs without payment of integrated tax and compensation cess, in contravention of rule 96(10) of the CGST Rules, 2017. State tax officers are directed to follow the referenced central GST guidelines to ensure uniform implementation.
Clarification on place of supply of data hosting services provided by service providers located in India to cloud computing service providers located outside India
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Place of supply for cross-border data hosting services is clarified through uniform application of central GST guidance.
Place of supply for data hosting services supplied by providers in India to cloud computing service providers outside India is governed by central GST guidance adopted for uniform implementation. Field formations are instructed to follow the referenced guidelines on this issue to ensure consistent application of place-of-supply provisions across tax administration.
Clarification on availability of input tax credit in respect of demo vehicles-reg.
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Input tax credit on demo vehicles requires field officers to follow centrally issued implementation guidelines uniformly.
Input tax credit on demo vehicles is addressed through directions for uniform implementation of the Tripura State Goods and Services Tax Act, 2017. Specified State tax officers are directed to follow the guidelines contained in an enclosed central clarification concerning the availability of such credit. The supplied text does not state the substantive eligibility conditions or limitations governing the credit.
Clarification in respect of advertising services provided to foreign clients
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Advertising services to foreign clients: State tax officers must follow central guidelines for uniform GST implementation.
Advertising services provided to foreign clients are governed by a State GST clarification promoting uniform implementation of applicable GST provisions. State tax officers are directed to follow the annexed Central GST guidelines, issued for consistent administration of the Tripura State GST Act.
Clarification regarding applicability of GST on certain services
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GST applicability clarifications must be uniformly implemented by field officers under adopted central guidelines for State tax administration.
GST applicability clarifications issued through the referenced central circular are adopted for uniform implementation within the State tax administration. All specified State tax officers are directed to follow the annexed guidelines concerning GST on certain services. The instruction functions as an administrative direction for field formations and does not itself set out the substantive service-specific clarifications.
Instructions regarding applications submitted for GST registration.
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GST registration verification requires legible, address-consistent documents while prioritising timely certificates for genuine applicants after due scrutiny.
GST registration applications must undergo proper scrutiny to prevent fake registrations without causing unnecessary delay or trivial queries for genuine taxpayers. Uploaded documents must be legible, and addresses in property records, tax receipts, municipal records, or electricity bills must match the address declared in the application. Rent or lease agreements, no-objection certificates, and consent letters for rented premises must be registered or notarised. Supporting proof is required where the trade name differs from the legal name. Online applications must be prioritised and, after verification, registration certificates issued as far as possible within seven days.
Clarification with respect to advertisement code for Research Analysts (RAs)
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Advertisement code: research reports become advertisements when they promote a research analyst's products or services.
Research reports and recommendations are not advertisements by default, but a research report shall be construed as an advertisement if it contains content that expressly or impliedly promotes products or services offered by the Research Analyst. The advertisement code applies to printed materials, any literature used in publications or displays, electronic and wireless communications including social media and messaging platforms, and audio visual forms; a research report is an advertisement irrespective of its mode of dissemination when it promotes the RA's offerings.
Digitization of Customs Bonded Warehouse procedures relating to obtaining Warehouse Licenses, Bond to Bond Movement of warehoused goods and uploading of Monthly returns
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Customs bonded warehouse digitisation enables online licensing, goods transfers, monthly return uploads, and continued physical movement records.
Digitisation of customs bonded warehouse procedures through the ICEGATE Warehouse Module enables online warehouse-licence applications, transfer requests for warehoused goods, and uploading of monthly returns. Transfer workflows cover ownership changes, warehouse changes, or both, with validation of goods details, buyer particulars, triple-duty bond requirements and officer acceptance. Physical transfer forms remain mandatory alongside online processing until integrated. Licensees must upload Form A and Form B monthly returns accurately for reconciliation, and the port-of-import officer must ensure the required warehousing bond and security are furnished.
Public Notice 91-2024:Reg
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Customs cargo custodianship and service-provider approval governs liquid cargo handling, subject to regulatory compliance and review.
JSW JNPT Liquid Terminal Private Limited is appointed as custodian of imported cargo received at the Additional Liquid Cargo Berths LB03 and LB04 until delivery to tank farms, and as a Customs Cargo Service Provider for handling that cargo. The appointments are subject to the Customs Act, the Handling of Cargo in Customs Areas Regulations, 2009, and applicable regulatory directions. They operate for two years, remain subject to review for non-compliance, and require fresh fire and pollution-control documentation in the company's name within six months.
Clarification regarding debiting of Restricted License for import of IT Hardware
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Restricted IT hardware imports require Scheme Code 14 declaration and online licence debiting before electronic assessment can proceed.
Restricted imports of specified IT hardware require a valid restricted-import licence, and Bills of Entry must be filed under Scheme Code 14 with the licence number declared. Electronic assessment cannot proceed until the online licence is debited. Officers must ensure use of Scheme Code 14 and system-based licence debiting. Where the importer omits the applicable Scheme Code, APR or ACL role holders may add the Scheme Code and licence details to the Bill of Entry in ICES.
Digitization of Customs Bonded Warehouse procedures relating to obtaining Warehouse License, Bond to Bond Movement of warehoused goods, and uploading of Monthly Returns
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Digital warehouse licence processing requires prescribed ICEGATE port codes, routing each application to the designated Customs officer.
Digital processing of warehouse licence applications in Bengaluru Customs Zone requires applicants to select the prescribed ICEGATE port code according to the warehouse location and jurisdiction. Bengaluru applicants must use INBLR4 for the AP and ACC Commissionerate or INWFD6 for other jurisdictions, while Mangalore applicants must use INNML1. ICES will create port-code-linked roles for Customs officers, and applications filed using the designated code will be routed to the relevant officer.
Filing of Annual RODTEP Return (ARR)
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Annual RODTEP Return required for exporters claiming RoDTEP; non-filing suspends benefits and attracts composition fees.
Filing of an Annual RODTEP Return (ARR) is required to assess inputs and actual taxes and duties for RoDTEP claims; eligible exporters must submit ARR in the Appendix-4RR format by the prescribed deadline, with non-reporting leading to denial or suspension of benefits and delayed filing subject to composition fees and eventual resumption conditions. Records substantiating ARR must be retained for the prescribed period and ARRs may be assessed or risk scrutinised, with excess claims liable to refund or surrender and potential cessation of benefits for non regularisation.
Association of persons regulated by the Board and their agents with certain persons
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Prohibition on associating with unregistered advisers: regulated entities must terminate associations absent Board permission.
Regulated persons and their agents must not directly or indirectly associate with any person who provides advice or recommendations related to securities or who makes claims of returns or performance in respect of securities unless such person is registered with or permitted by the Board. Associations through a specified digital platform are exempt only where the platform has Board-satisfactory preventive and curative mechanisms. Investor education providers are excluded if they do not engage in the prohibited activities. Regulated entities are advised to terminate existing contracts with such persons within three months.
Inclusion of Mutual Fund units in the SEBI (Prohibition of Insider Trading) Regulations, 2015
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Inclusion of mutual fund units in insider trading rules mandates disclosure and reporting of holdings and transactions by designated persons.
Mutual fund units are brought within the SEBI (Prohibition of Insider Trading) Regulations, 2015, requiring AMCs, trustees and their immediate relatives who are Designated Persons to disclose aggregate holdings quarterly (submitted in the format at Annexure A) and to report transactions in their own funds that exceed SEBI's prescribed value threshold per PAN across schemes in a calendar quarter to the AMC Compliance Officer and stock exchanges using the formats in Annexures B and C; the amendments take effect from November 1, 2024.

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Clarification on RCMC Requirements for Post-Export Remission-Based Schemes under FTP 2023

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RCMC requirement clarified: not necessary for post-export remission schemes, enabling exporters to claim RoSCTL and RoDTEP.
Para 2.57 mandates a Registration Cum Membership Certificate (RCMC) for exporters seeking authorisations or FTP benefits tied to import/export ... Summary

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Acts Income Tax