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Export-Import Bank of India’s GOI-supported Line of Credit of USD 2.50 mn to the Government of Co-operative Republic of Guyana, for installation of Solar Photo Voltaic Power Plant at Cheddi Jagan International Airport
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Government-supported Line of Credit enables export of Indian goods and services for Guyana solar project, subject to Foreign Trade Policy.
A Government-supported Line of Credit by Export-Import Bank of India to Guyana finances a solar photovoltaic project, permitting export of eligible goods and services only if they comply with the Foreign Trade Policy and Exim Bank financing criteria. At least 75 per cent of contract value must be supplied from India, with remaining procurement allowed from outside India. Shipments must be declared in export documentation per Reserve Bank instructions, and agency commission is not payable under the LoC though exporters may use their own funds or EEFC balances for commission payments subject to existing rules.
Clarification on time of supply of services of Spectrum usage and other similar services under GST
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Time of supply for spectrum usage services: GST payable when payment is due or made under reverse charge.
Clarification addresses the time of supply for GST on government spectrum allocation where the supplier is DoT and the recipient is the telecom operator subject to reverse charge. Spectrum usage provided under deferred instalment contracts qualifies as a continuous supply; for reverse-charge supplies time of supply is the earlier of payment (or bank debit) or sixty days after issue of supplier's invoice. Frequency Assignment Letters are bid-acceptance documents, and tax invoices must be issued on or before each contractually ascertainable payment due date. GST is payable when upfront payment is made or due, or for deferred instalments as and when each instalment is due or paid.
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
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Time of supply in HAM contracts: invoice date or payment receipt, whichever is earlier, subject to invoicing timelines.
HAM concession agreements are single continuous supplies covering construction and O&M; time of supply is the invoice date or receipt of payment, whichever is earlier, where the invoice is issued on or before the contract specified due date/event; if invoice is not issued timely, time of supply is the date of provision of service or receipt of payment, whichever is earlier. Interest components in installments/annuities are includible in the taxable value under section 15(2)(d).
Clarification on place of supply applicable for custodial services provided by banks to Foreign Portfolio Investors
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Place of supply for custodial services to foreign portfolio investors follows the default GST rule, not account-holder treatment.
Custodial services provided by banks or financial institutions to Foreign Portfolio Investors are not treated as services supplied to an account holder under section 13(8)(a) of the IGST Act. Such services, consisting of safekeeping securities and related incidental functions, fall outside that provision and their place of supply is to be determined under the default rule in section 13(2) of the IGST Act.
05/2024 - 06-07-2024 Companies Law
Extension of time for Filing of PAS-7
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Extension of time for PAS-7 filing: web-form on MCA portal allows filing without additional fees until the stated deadline.
Extension of time is provided for filing Form PAS-7 to report details of pre-Act share warrants under Rule 9(2)(a) of the Companies (Prospectus and Allotment of Securities) Rules, 2014. A Web-Form PAS-7 has been deployed on the MCA-21 online portal, and stakeholders may submit the requisite details without payment of additional fees through the Web-Form until 05.08.2024 to meet the Registrar reporting requirement.
Procedure to be followed in case of selection of ICD rail bound container for scanning at DTCS-01 near PUB
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Rail-bound ICD container scanning may shift to in-port facilities without additional permission when selected for external scanning.
Rail-bound ICD containers under transshipment selected for scanning at DTCS-01 near PUB may be scanned at DTCS-02 or MXCS within the port, without further permission from the Container Scanning Division. The procedure takes immediate effect, modifies prior instructions to that extent, and operates as a standing order for concerned customs officers and staff. Unaddressed procedural disputes may be resolved by reference to applicable public notices.
Authorised Officers under Section 25 read with Section 47 (5) of Food Safety Standards (FSS) Act, 2006 and Regulation 13 (1) of FSS (Import) Regulation, 2017
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Authorised Officers designation under FSS Act expands food import points of entry; officers notified for clearance.
Customs Instruction No. 17/2024, incorporating FSSAI Notifications dated 03 May 2024 and 21 June 2024, adds four additional food import entry points and notifies designated authorised officers for import clearance. The Instruction updates and attaches a consolidated list of one hundred and fifty nine Points of Entry and modifies the earlier Instruction No. 07/2024 accordingly. It specifies whether authorised officer functions are to be exercised by FSSAI officials or by customs personnel (superintendent/appraiser/inspector/examiner) across port types and requests sensitisation of officers and reporting of implementation difficulties to the Board.
Circulation of Clarification on place of supply applicable for custodial services provided by banks to Foreign Portfolio Investors
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Place of supply rules for custodial services clarified; circular to be circulated to officials and trade organisations for compliance.
Clarification concerns the place of supply applicable to custodial services provided by banks to Foreign Portfolio Investors; the central circular clarifying these rules is attached and the State Tax Commissioner directs subordinate officers and business organisations to be informed and to act on the guidance for tax characterisation and compliance.
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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Taxability of related party loans: interest only consideration is exempt, but separate processing or administrative fees attract GST.
The circular confirms that supply between related persons exists under the UPGST Act, but services of granting loans/advances where consideration is solely interest or discount are exempt under the notified entry. Processing, administrative, facilitation or loan granting charges distinct from interest constitute taxable consideration for supply of services and attract GST. Where no such additional fees are charged between related parties or affiliates, no separate taxable service arises and open market valuation is not applicable; any additional fees will be subject to GST.
Clarifications on various issues pertaining to special procedure for the manufacturers of the specified commodities as per Notification No.- 25/XI-2-24-9(47)/17- T.C.253-U.P. Act-1-2017-Order-(314)-2024 dated 27 February, 2024
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Special procedure compliance requires machine identification, Chartered Engineer certification of electricity use, and applies to job workers.
Manufacturers must complete FORM GST SRM-I Table 6 with machine identification: make/model optional (year of purchase may substitute), a machine number is mandatory and may be assigned if missing. Declare electricity consumption per machine from markings/records or obtain a certified calculation by a Practicing Chartered Engineer in FORM GST SRM-III and upload with SRM-I; list uploaded documents in Table 10. Report sale price where no MRP in FORM GST SRM-II Table 9. Chartered Engineer must hold a certificate of practice from the Institute of Engineers India. The procedure excludes SEZ units and manual sealing/packing and applies to job workers, with principal liable 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 filing before appellate fora unless merits require contestation.
Fixation of monetary limits governs the Department's authority to file appeals or applications under the UPGST Act: the Commissioner prescribes thresholds below which State Tax officers shall ordinarily refrain from instituting appeals or Special Leave Petitions before appellate fora. The relevant quantum for threshold purposes is the disputed amount of tax, interest, penalty, late fee or refund, aggregated in composite orders. Non-filing pursuant to limits does not create precedent or acquiescence, and specified exclusions require appeals to be taken on merit regardless of thresholds.
Circulation of 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 imported services by related persons clarified for recipients eligible to full input tax credit, guidance issued for uniform application.
Clarification explains valuation of imported services supplied by related persons where the recipient is eligible to full input tax credit, affirming that valuation must follow existing GST valuation principles, including consideration of related party adjustments, markup and arm's length assessment as applicable. The State Tax Commissioner has circulated the Department of Revenue circular to subordinate officers and trade organisations for dissemination and uniform application.
Further clarifications in respect of GST liability and input tax credit (ITC) availability in cases involving Warranty/Extended Warranty.
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Extended warranty treated as a separate supply of services when supplied after sale or by a different supplier, attracting GST obligations.
Extends prior circular instructions so that references to replacement of "part(s)" shall be read as "goods or its parts" for warranty replacements; confirms that distributor replacements from own stock later replenished by the manufacturer via delivery challan without consideration attract no GST and require no ITC reversal by the manufacturer; and clarifies that extended warranty supplied by a different person at sale, or supplied after sale, is a separate supply treated as a supply of services, with the warranty supplier liable to discharge GST.
Clarification on taxability of salvage/wreck value earmarked in the claim assessment of the damage caused to the motor vehicle
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Salvage ownership determines GST liability: insurer pays GST only when salvage vests with insurer on disposal.
GST liability on salvage/wreck is determined by ownership and the existence of supply. If the insurance contract deducts salvage value from the claim (treating it as a pre agreed deductible and limiting liability to IDV less salvage), the salvage remains the insured's property and the insurer has no GST liability on that value. If the insurer settles the full claim without deducting salvage, the salvage vests in the insurer and any subsequent disposal by the insurer is a taxable supply attracting GST.
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 availability: insurers can claim ITC for reimbursed motor repair costs when invoices are in insurer's name.
Insurance companies are entitled to claim input tax credit on motor vehicle repair services in reimbursement settlements where invoices are issued in the insurer's name, because the insurer is the recipient for the approved repair liability and consideration includes payments made by another person; ITC is limited to the approved reimbursed amount when full invoices exceed approved claim cost, and ITC is unavailable where the invoice is not in the insurer's name.
Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the UPGST Act, 2017 by the suppliers.
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Proportionate reversal of input tax credit: suppliers must obtain verifiable certificates or recipient undertakings to validate post supply discounts.
Suppliers giving post-supply discounts via tax credit notes may exclude those discounts from taxable value only if Section 15(3)(b)(ii) conditions are met, notably proportionate reversal of input tax credit by the recipient. Until portal verification exists, suppliers must obtain a CA/CMA certificate (with UDIN) or, below the prescribed tax threshold, a recipient undertaking, detailing credit notes, linked invoice numbers, ITC reversal amounts and the FORM GST DRC-03/return reference; these documents will serve as admissible evidence for compliance and must be produced to tax authorities when required.
Clarification on time of supply of services of spectrum usage and other similar services under GST
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Time of supply for spectrum services: GST arises when each instalment is due or paid under reverse charge.
Supply of spectrum by DoT to a telecom operator is a continuous supply where payment obligations exceed three months and is taxable on reverse charge. For reverse charge supplies, time of supply is the earlier of payment date recorded by the recipient or sixty days after issue of an invoice/document; where instalment due dates are contractually ascertainable from the NIA/FAL, invoices must be issued on or before each instalment due date. GST is payable on upfront payment when paid or due, and on deferred instalments when each instalment is due or paid, whichever is earlier.
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
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Time of supply for HAM highway services: invoice date or receipt of payment determines tax liability.
Time of supply for HAM concession contracts treating construction plus O&M as a single continuous supply is the invoice issuance date or receipt of payment, whichever is earlier, when the invoice is issued on or before the contractually specified date or event; otherwise the time of supply is the date of provision of service (or contractual due date of payment) or receipt of payment, whichever is earlier. Interest component in installments is includible 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 UPGST Act, 2017
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Input tax credit availability on ducts and manholes clarified as not barred by immovable-property blocked-credit rules.
Ducts and manholes forming part of an optical fiber cable network function as apparatus and infrastructure used to make outward supply of telecommunication services and are not excluded under the Explanation to the blocked-credit provisions; therefore, availment of input tax credit on such ducts and manholes is not barred by the immovable-property blocking rules.
Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company.
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Taxability of employee share schemes: no GST on cost-to-cost reimbursements; GST on additional facilitation fees under reverse charge.
The circular clarifies that securities/shares allotted by a foreign holding company to employees of an Indian subsidiary as part of ESOP/ESPP/RSU are neither goods nor services; where the domestic subsidiary reimburses the foreign holding company on a cost to cost basis, no supply arises and GST is not leviable. If the foreign holding company charges any additional fee, markup or commission beyond cost, that additional amount is taxable as an import of services and GST must be paid by the domestic subsidiary under reverse charge.

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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

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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 ... Summary

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Acts Income Tax