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Circulars
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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 17-07-2023
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Extended warranty as separate supply: warranty sold separately is taxable as a service and supplier must discharge GST.
Clarification extends prior guidance so that GST and ITC rules for replacement of parts apply equally where goods themselves are replaced under warranty, reading references to 'parts' as 'goods or its parts'. Replenishment by a manufacturer to a distributor, provided without separate consideration via delivery challan after the distributor replaced goods from its stock on the manufacturer's behalf, attracts no GST and requires no reversal of ITC by the manufacturer. Extended warranty supplied by a person different from the goods supplier, or supplied after original supply, is a separate supply treated as a service and taxed accordingly with the extended-warranty supplier responsible for 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 must pay GST when salvage vests with insurer on full settlement.
GST on salvage/wreck value hinges on ownership and the presence of a supply. If the insurer deducts salvage value as a pre agreed deductible under the contract, ownership remains with the insured and the insurer has no GST liability on that salvage. If the insurer pays full IDV without deducting salvage, the salvage vests in the insurer and the insurer must discharge GST on its disposal or sale.
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
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Valuation exclusion in life insurance premiums does not require reversal of input tax credit under GST rules.
The portion of life insurance premium excluded from taxable value under Rule 32(4) is a valuation exclusion and is not a non-taxable or exempt supply; therefore, reversal of input tax credit under Section 17(1)/(2) read with Rules 42 and 43 is not required in respect of that excluded amount.
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 ESOP/ESPP/RSU: cost to cost reimbursements not taxable, but additional fees attract GST on reverse charge.
Transfers of ESOP/ESPP/RSU by a foreign holding company directly to employees of an Indian subsidiary, with the subsidiary reimbursing the market cost on a strict cost to cost basis, are not supplies of goods or services under GST and are not taxable. Any additional fee, markup or commission charged by the foreign holding company constitutes consideration for facilitating services and is taxable as import of services, with GST payable by the domestic subsidiary on reverse charge basis.
Clarification on mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the CGST Act, 2017 by the suppliers
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Proportionate ITC reversal verification: suppliers may use CA/CMA certificates or recipient undertakings as admissible evidence pending portal facility.
Where portal verification of recipients' proportionate reversal of input tax credit is unavailable, suppliers issuing post supply tax credit notes may rely on a CA/CMA certificate from the recipient detailing credit note and invoice references, ITC reversal amounts and the GST return or FORM DRC-03/other document evidencing reversal, and containing a UDIN. For smaller-value cases, a recipient's undertaking with equivalent details may be accepted. Such certificates/undertakings shall constitute admissible evidence of compliance and must be produced to tax officers when required, including for past periods.
Clarification on time limit under Section 16(4) of CGST Act, 2017 in respect of RCM supplies received from unregistered persons
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Time limit for input tax credit under reverse charge clarified - relevant year is year of recipient issued invoice, subject to tax payment.
Where a registered recipient must issue the invoice and pay tax under the reverse charge mechanism for supplies from unregistered persons, the relevant financial year for the time limit to avail input tax credit is the financial year in which that recipient-issued invoice is issued; availment remains subject to payment of tax, fulfilment of other statutory conditions for ITC, payment of interest for delayed tax, and possible penal consequences for delayed issuance or payment.
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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Deemed open market value: invoice value governs valuation of imported related party services where recipient claims full input tax credit.
The circular clarifies that where a registered person in India imports services from a related person abroad and the recipient is eligible for full input tax credit, the value declared in the invoice shall be deemed the open market value for valuation. This applies to reverse charge imports where the Indian recipient must issue a self-invoice and pay tax; if no supplier invoice exists the recipient's declared nil value may be treated as the open market value.
Clarification on the provisions of Clause (ca) of Section 10(1) of the Integrated Goods and Service Tax Act, 2017 relating to place of supply of goods to unregistered persons
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Place of supply for goods to unregistered persons now follows the delivery address on the invoice where billing and delivery differ.
Place of supply for goods to an unregistered person is the location as per the recipient's address recorded in the invoice; if no recipient address is recorded the place of supply is the supplier's location. Recording only the recipient's State on the invoice is sufficient to constitute an address. Where billing and delivery addresses differ, the delivery address recorded on the invoice determines the place of supply, and suppliers may record the delivery address as the recipient's address for that purpose.
Clarifications on various issues pertaining to special procedure for the manufacturers of the specified commodities as per Notification No. 04/2024-Central Tax dated 05-01-2024
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Special procedure compliance: manufacturers must record machine identity and obtain Chartered Engineer-certified electricity ratings for SRM filings.
The Goa tax authority adopts the CBIC Circular on the revised special procedure for specified manufacturers, directing uniform application under the Goa GST Act. FORM GST SRM-I requires a mandatory machine number (assignable if unavailable) while make/model are optional; electricity consumption must be certified by a Practicing Chartered Engineer in FORM GST SRM-III and uploaded. The procedure excludes SEZ units and manual packing operations, requires reporting of the final-packing machine where multiple machines are used, and makes all persons in the manufacturing chain liable, with the principal manufacturer responsible if a 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 thresholds for government appeals limit departmental litigation and set exclusions for constitutional, valuation, classification, refunds and recurring issues.
Fixes monetary limits below which the tax department shall not file appeals or applications before GSTAT, High Courts or the Supreme Court, prescribes computation principles for disputed tax, interest, penalty, late fee or refund amounts (including aggregation for composite orders), requires recording reasons for non-filing so such decisions carry no precedent value or imply acquiescence, and lists exclusions-including constitutional questions, valuation, classification, refunds, place of supply, recurring issues, adverse comments or costs-where appeals must be decided on merits regardless of the thresholds.
Launch of Exchange Rate Automation Module (ERAM) - Reg.
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Exchange Rate Automation standardizes CBIC exchange rate publication and integration with customs EDI, making rates effective from midnight following publication.
An automated Exchange Rate Automation Module integrates SBI-supplied bill rates, adjusted to the nearest five paise, into ICES and publishes them on ICEGATE each scheduled evening; published rates apply from midnight of the following day and are archived for retrospective reference. The Board's prior manual notification process is discontinued. A contingency protocol with designated nodal officers provides for retention of last updated rates during transmission or integration failures, automated alerts, and manual administrative updates if technical issues persist.
Further abeyance of Public Notice No. 05/2024 dated 27.05.2024 until 31.08.2024
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Abeyance of regulatory amendment: Public Notice kept in abeyance; prior wastage norms and SIONs restored for interim reassessment.
DGFT places Public Notice No. 05/2024 in abeyance until 31 August 2024 under powers of the Foreign Trade Policy; prior wastage norms in the Handbook of Procedures 2023 and SIONs M1 to M7 are restored for the interim period while permissible wastages and SIONs are reassessed following representations from the Gem & Jewellery Export Promotion Council.
Waiver of late fees on account of system down for updation of changes vide budget 2024-25
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Late-fee waiver for delayed Bills of Entry applies where ICES unavailability during budget updates prevented timely filing.
Late fees for delayed Bills of Entry are waived where importers could not file because ICEGATE was unavailable during ICES updates for Union Budget 2024-25. The waiver covers belated Bills of Entry relating to Import General Manifests filed between 11:00 AM on 23 July 2024 and 4:00 PM on 24 July 2024. Relevant Deputy Commissioners and Assistant Commissioners must implement the waiver as a standing order.
Waiver of late fee on account of updation of changes vide Budget 2024-25 in System
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Late fee waiver for delayed Bills of Entry applies where system unavailability prevented timely filing during Budget-related updates.
Late fee for delayed filing of Bills of Entry is waived where filing could not be completed because ICEGATE was unavailable during system updates implementing Budget 2024-25 changes. The waiver applies to belated Bills of Entry relating to Import General Manifests filed between 23 July 2024 at 11:00 AM and 24 July 2024 at 4:00 PM. Deputy Commissioners and Assistant Commissioners of the concerned groups must ensure compliance.
Waiver of late filing fee due to Budgetary changes in ICES system
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Waiver of late filing fee for bills of entry delayed by ICES budgetary system update restores relief for affected filers.
A waiver of the late fee under the Bill of Entry (Electronic Integrated Declaration and Paperless Processing) Regulation is granted for Bills of Entry filed belatedly due to ICES unavailability while budgetary updates were implemented, covering BEs pertaining to containers arriving at ICD TKD Port from 22.07.2024 until completion of the ICES changes.
Corrigendum to Public Notice No 07/2024 dated 26.07.2024
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Waiver of late filing fee tied to container arrival at ICD TKD Port due to ICES budgetary changes.
The corrigendum amends Public Notice No. 07/2024 to substitute the trigger for the waiver of late filing fee: replace "IGM filed from 11 Hrs of 23.07.2024" with "the container arrived at ICD TKD Port from 22.07.2024", making container arrival the operative criterion for eligibility and aligning the waiver with ICES budgetary changes.
Launch of Steel Import Monitoring System (SIMS) 2.0
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Steel import monitoring: new SIMS portal replaces old system; importers must file registrations on the new platform.
The Ministry of Steel is launching SIMS 2.0 at https://sims.steel.gov.in from 25.07.2024 at 2:00 pm, discontinuing SIMS 1.0 on the DGFT website immediately while preserving access to previously submitted SIMS 1.0 applications for viewing or download; importers must file new SIMS applications on SIMS 2.0 and may use the provided helpdesk telephone numbers and email for assistance.
Certain Clarifications relating to procedure for filing and processing of bill of entry amendment requests for various types and situations
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Bill of Entry amendments must be filed online with e Sanchit documents; some auto approve, others need officer approval.
Amendment requests to Bills of Entry must be filed online via the common portal with supporting documents uploaded in e Sanchit; certain additions to advance/prior BEs (supplementing Bill of Lading details) receive automatic approval by the Customs Automated System and incur no fees, while other amendments require approval by the designated proper officer under defined scenarios (pre assessment FAG approval, post assessment revenue impact FAG review, non revenue PAG approvals, post OOC PAG cancellation and recall, RMS facilitated cases). Conversion between Home Consumption and Warehousing requires prior e office approval by the Additional/Joint Commissioner of PAG. Amendments subject to investigation require the investigating agency's concurrence.
Amendments in Chapter 5 of the Handbook of Procedures (HBP) 2023, related to Export Promotion Capital Goods Scheme to reduce 'Compliance Burden' and enhance 'Ease of doing Business'
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Export Promotion Capital Goods Scheme: installation certificate timelines and composition fee regimes revised to ease compliance.
The Handbook of Procedures is amended to extend the installation certificate submission period from six months to three years with RA granted further extension up to the valid EO period on payment of an annual composition fee; spares provision deleted. Tiered fixed composition fee schedules replace earlier fee rules for extension and regularisation of first block EO, apply retrospectively to FTP (2015-20) authorisations, and non refundability of paid composition fees is reiterated. Extensions beyond six years may be granted as two one year extensions or two years in one go, subject to specified composition fees and PRC levy rules.
Corrigendum -Public Notice No. 12/2024 dated 18.07.2024
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Correction of public notice on export drawback BRC uploads clarifies the applicable notice reference for claim processing.
The corrigendum amends the identifying reference for guidance on exports through New Mangalore Port under claim of drawback and the uploading of BRCs by directing that Public Notice No. 12/2024 dated 18.07.2024 shall be read as Public Notice No. 13/2024; the change is limited to the notice number and does not alter the substantive procedural requirements for drawback claims or BRC uploads.

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Streamlining the procedure of processing of Drawback claims under Section 74 of the Customs Act, 1962 - Reg.

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Drawback claim procedure streamlined: specified documents, deficiency memos, registration and acknowledgment upon compliance.
Prescribes a streamlined procedure for processing drawback claims: mandatory documentary requirements, logging and acknowledgement on receipt, electronic ... Summary

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Acts Income Tax