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Clarification in respect of the omission of rule 96 (10) of the West Bengal Goods and Services Tax Rules, 2017.
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Export refund restrictions are treated as retrospectively omitted, with corresponding treatment for other omitted rules and pending proceedings.
The omission of rule 96(10) is clarified as effective retrospectively from 23 October 2017. Field formations are advised to deal with pending proceedings concerning the restriction in accordance with the Supreme Court's decision in Goodluck India, and corresponding treatment applies, with necessary modifications, to the omission of rules 89(4A) and 89(4B). Section 6 of the General Clauses Act, 1897, does not apply to the omission of a rule; pending proceedings can continue only where an express provision or another legal device in the statute or rules preserves them.
Clarification in respect of receipt of payment for export of goods or services
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Export payment compliance covers repatriable rupee receipts, permitted set-offs and reinsurance commission retention, with refund recovery for unrealised goods proceeds.
Receipt of export-of-service consideration in convertible foreign exchange or through repatriable rupee accounts, including Special Non-Resident Rupee (SNRR), INR Nostro and comparable accounts, satisfies the payment condition for export of services under section 2(6)(iv) of the Integrated Goods and Services Tax Act, 2017. Export receivables set off against import payables satisfy the same payment condition when the set-off complies with RBI directions. For exported goods, non-realisation of sale proceeds within the period prescribed under the Foreign Exchange Management Act, including extensions, requires deposit or recovery of the refund attributable to the unrealised amount, with applicable interest, within 30 days of expiry. Recovery under rule 96B of the West Bengal Goods and Services Tax Rules does not apply to the extent the realisation requirement is written off by the RBI or an authorised dealer bank.
Clarification on Input Tax Credit admissibility to authorised agents appointed by manufacturers for sale of motor vehicles, pursuant to the Trade Circular No. 24/2024 dated 04.10.2024
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Demo vehicle input tax credit is not blocked under motor vehicle restrictions for agents facilitating manufacturers' direct customer sales.
Input tax credit on demo vehicles purchased by authorised dealers operating under the dealer-agency model is not blocked under section 17(5)(a) of the West Bengal Goods and Services Tax Act, 2017. The earlier clarification denying credit because the dealer supplied marketing or facilitation services rather than vehicles on its own account has been withdrawn. In this model, the manufacturer sells new vehicles directly to customers, while the dealer purchases and maintains demo vehicles for demonstration and test drives. The expression "such motor vehicles" is interpreted to include vehicles used to further the supply of similar vehicles, rather than only the particular vehicle sold.
Clarification on issues related to provisions of section 17(4) of the West Bengal Goods and Services Tax Act, 2017
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Input tax credit apportionment for banking and financial institutions links registration eligibility, same-PAN supplies and reporting to the optional method.
Banking and financial institution registrations engaged in accepting deposits or extending loans or advances may opt for the 50% eligible input tax credit method under section 17(4); if one eligible registration opts, all registrations of the same entity engaged in those services must follow it. The exception for supplies from another registered person with the same PAN applies only where that supplier has also opted for section 17(4). Eligible credit is apportioned and reported in GSTR-3B, while credit that may become eligible later is temporarily reversed or, where IMS applies, its document is kept pending.
Implementing certain recommendations of the GST Council in its 57th meeting held on 08.10.26 at New Delhi, prior to the legislative amendments
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GST enforcement reforms suspend arrests, restrict transit interception, and bar low-value show-cause notices pending statutory amendments.
Pending statutory amendment, GST field formations must not make further arrests. Transit conveyances may be intercepted only on specific intelligence authorised in writing by an officer of at least Joint Commissioner rank. Inspection and detention generally depend on jurisdiction over the supplier or recipient; where neither falls within that jurisdiction, the conveyance must proceed and information be sent to the jurisdictional officer. Absence of both an e-way bill and origin or destination documentation permits inspection, detention or seizure irrespective of jurisdiction. Transit confiscation is prohibited, and show-cause notices cannot be issued below the aggregate threshold of Rs. 10,000.
Compliance with RERA for CDs having real estate projects and disclosure of CIRP at project and office sites of the CD
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Real estate insolvency requires regulatory compliance, collection of available project information and prominent disclosure at project sites and offices.
During the corporate insolvency resolution process (CIRP) of a corporate debtor with one or more real estate projects, the interim resolution professional (IRP) or resolution professional (RP) must ensure compliance with the applicable Real Estate (Regulation and Development) Act, 2016, and related rules and regulations. The RP may invite the concerned RERA to provide written views on the regulatory compliance, feasibility and implementation of resolution plans under consideration by the committee of creditors. Any views furnished must be placed before the committee and made available to prospective resolution applicants.
Introduction of revised Form CA for filing of claims by real estate allottees
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Real estate allottee claims require a dedicated section of the insolvency claim form, including non-binding preferences for resolution plans.
Revised Form CA applies to claims filed by financial creditors in a class under regulation 8A of the corporate insolvency resolution process regulations on or after 30 October 2026. Claims filed in the earlier form before that date need not be resubmitted. Part II requires allottee identification, project and unit details, purchase value, payments and amounts claimed, including principal and interest, possession status and supporting documents. Allottee preferences are informational only: they do not confer an entitlement, bind the successful resolution applicant or create an obligation to provide the preferred option.
Extension of timeline with respect to compliance of Digital Accessibility Circulars
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Digital accessibility compliance deadlines are extended for regulated entities to appoint IAAP auditors, audit platforms and remediate findings.
Digital accessibility compliance deadlines for SEBI-regulated entities are extended to 31 January 2027 for appointing an IAAP auditor, conducting accessibility audits of digital platforms and remediating audit findings. The earlier digital accessibility directions concern the Rights of Persons with Disabilities Act, 2016 and the rules made under it, and require mandatory compliance by all regulated entities. All other provisions of the earlier digital accessibility circulars remain unchanged and must be complied with by regulated entities.
Rationalisation of periodicity of KYC review for FPIs
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KYC review periodicity for foreign portfolio investors is extended while registration continuance no longer requires change declarations.
KYC review for FPIs follows a risk- and category-based schedule. Category I FPIs in non-high-risk jurisdictions, and high-risk Category I FPIs registered under Regulation 5(a)(i), are reviewed every eight years; other specified FPIs are reviewed every two years. Registration continuance requires fee payment to the DDP at least 15 days before expiry and no longer requires change intimation or a no-change declaration. GS-FPI and SWAGAT-FI KYC periodicity remains unchanged.
Clarification regarding classification and applicability of GST on the supply of certain goods based on the recommendations of the GST Council in its 57th meeting held on 8th October 2026, at New Delhi.
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GST classification and input tax credit rules clarify toy coverage and limit credit restrictions on second-hand vehicle suppliers.
Sublimation paper is classified under Customs Tariff heading 4809 and attracts 18% GST. Seaweed extract-based bio-stimulants registered under Schedule VI to the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985 are classified under heading 3101 rather than as plant-growth regulators under heading 3808; an explanation has been inserted in the relevant GST rate entry. Non-electronic toys, including their parts and accessories, attract 5% GST; electronic toys, including their parts and accessories, attract 18% GST. For old and used motor vehicles supplied under the margin scheme, the condition restricting input tax credit (ITC) for concessional GST and Compensation Cess rates applies only to tax paid on the procured second-hand vehicles. Subject to the Uttar Pradesh GST Act, 2017, suppliers may claim ITC on other inputs and input services used in the business, including spares, repair and maintenance, technology services, rent, marketing and advertising.
Clarifications regarding applicability of GST on certain services.
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GST on co-lending services applies to NBFC charges specified in agreements with banks for lending-related activities.
For an exemption claim, a certificate from the head of the concerned entity or institution stating that the activity is research and development rather than consultancy may be accepted. Imports of services without consideration by an Indian establishment of a foreign shipping company from a related person or its establishment outside India are exempt from 1 November 2026. GST payment for such imports from 1 July 2017 to 31 October 2026 is regularised on an as-is-where-is basis. Lending services supplied by an NBFC to a bank under a co-lending arrangement are taxable under GST. Their value is the amount specified in the contractual agreement between the NBFC and the bank.
Clarification on Issues pertaining to Input Service Distributor.
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Input service distributor allocation requires recipient eligibility compliance, timely distribution, and exclusion of transferred credit from the transferor's net ITC.
Credit becomes available for distribution when invoice details have been received in FORM GSTR-6A and the ISD ascertains that the credit is prima facie eligible for availment. The ISD must distribute it in the month of that ascertainment, separately identify eligible and ineligible credit, and include the details in FORM GSTR-6. Although the ISD makes this initial assessment, the recipients are responsible for satisfying the eligibility conditions under sections 16 and 17 and the applicable rules.
Clarification on issues related to demand, adjudication and appeal proceedings under the UPGST Act, 2017.
Clarification regarding deletion of Rule 96(10) of the Uttar Pradesh Goods and Services Tax Rules, 2017.
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Export refund restrictions linked to input exemptions are retrospectively removed, with pending proceedings addressed under the applicable legal framework.
Deletion of Rule 96(10) of the Uttar Pradesh GST Rules is clarified to apply retrospectively from 23 October 2017, when the restriction took effect. Field formations are advised to deal with pending proceedings concerning Rule 96(10) in accordance with the Supreme Court decision in Goodluck India Ltd. A similar procedure applies, with necessary modifications, to the deletion of Rules 89(4A) and 89(4B). Pending proceedings can continue only where an express provision or other legal arrangement preserves them.
Clarification on Input Tax Credit admissibility to authorised agents appointed by manufacturers for sale of motor vehicles, pursuant to the circular No. GST/2024-25/92/State Tax Dated:27 September, 2024
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Demo vehicle input tax credit is not blocked for authorised dealers facilitating manufacturers' sales under the dealer-agency model.
Input tax credit on demo vehicles purchased by authorised dealers under the dealer-agency model is not blocked under section 17(5)(a) of the Uttar Pradesh Goods and Services Tax Act, 2017. The earlier clarification denying credit where dealers merely provided marketing or facilitation services and did not sell vehicles on their own account is withdrawn. The restriction applies to passenger motor vehicles with an approved seating capacity of not more than 13 persons, including the driver, subject to exceptions for taxable further supply, passenger transportation and driving training.
Clarification on issues related to provisions of section 17(4) of the Uttar Pradesh Goods and Services Tax Act, 2017
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Input tax credit apportionment for banking and financial services depends on registration activity, common election and eligible same-PAN supplies.
Section 17(4) is optional for a registration of a banking company or financial institution, including a non-banking financial company, engaged in accepting deposits or extending loans or advances. Once one eligible registration opts, all eligible registrations of the same entity must comply. The fifty percent restriction does not apply to qualifying inputs, input services and capital goods received from another registered person with the same PAN, provided both registrations have opted. Qualifying same-PAN credit is availed, while fifty percent of the remaining eligible credit is availed and the balance permanently reversed.
Clarification on various issues pertaining to the amount paid as pre-deposit as per sub-section (6) of section 107 or sub-section (8) of section 112 of the UPGST Act.
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GST appeal pre-deposits depend on disputed tax, with refund conditions addressing favourable decisions, further appeals and remand.
The admitted amount covers tax, interest, fine, fee and penalty arising from the challenged order that the taxpayer accepts as payable and does not intend to contest; it must be paid in full before appeal. The pre-deposit is 10% of the remaining tax in dispute, with a further 10% required at the Tribunal stage in addition to the amount paid for the first appeal. Where the Appellate Authority modifies the liability, the Tribunal-stage pre-deposit is calculated on the disputed tax confirmed by that authority.
Applicability of CBIC Circular No. 257/03/2026-GST dated 26.10.2026 regarding Guidelines for Handling Applications for GST Registration under the OGST Act, 2017
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GST registration notices require timely issuance where the system identifies an application for physical verification or verification is considered necessary.
The proper officer may issue an electronic notice in FORM GST REG-03 where an application has not been identified by the system for physical verification of the place of business. Where the system identifies the application for physical verification, or the proper officer considers verification necessary, the notice must be issued within thirty days of submission of the application. Implementation difficulties may be brought to the attention of the Commissioner of State Tax, Odisha.
Applicability of CBIC Circular Nos. 258/04/2026-GST to 264/10/2026-GST dated 26.10.2026 regarding Clarifications on Various GST Issues under the OGST Act, 2017
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GST clarifications apply to state administration across tax demands, appeal pre-deposits, input tax credit and export payment issues.
Central GST clarifications issued on 26 October 2026 apply mutatis mutandis in implementing the Odisha Goods and Services Tax Act, 2017, to promote uniformity. They cover demand, adjudication and appeal proceedings, as well as amounts paid as pre-deposit under sections 107(6) and 112(8) of the Central GST Act. The clarifications also address Input Service Distributors and the provisions of section 17(4) of the Central GST Act. Further topics include input tax credit admissibility for authorised agents appointed by manufacturers for the sale of motor vehicles, receipt of payment for exports of goods or services, and the omission of rule 96(10) of the Central GST Rules.
Implementation of India-New Zealand Free Trade Agreement (FTA) in Customs EDI System for Exports
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Certificate of origin declarations in shipping bills become mandatory for preferential tariff claims on exports to New Zealand.
Customs EDI filing for exports to New Zealand requires item-level Certificate of Origin declarations in Shipping Bills for preferential tariff treatment under the India-New Zealand Free Trade Agreement. Every item must carry Info_Type "ORC", Info_Qfr "EPT", and Info_CD "FTANZD"; exports outside a preferential trade agreement must use Info_CD "NCPTI". Non-declaration prevents Shipping Bill filing. Certificate of Origin numbers and dates must exactly match those issued by the designated issuing authority.

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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 extended; taxpayers may seek electronic rectification under prescribed procedure, refunds restricted.
Clarifies implementation of retrospectively inserted sub-section (5) and sub-section (6) of section 16 of the CGST Act extending entitlement to input tax ... Summary

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Acts Income Tax