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Circulars
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Clarification on various issues pertaining to GST treatment of vouchers.
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Voucher GST treatment: trading is outside supply, while agency commissions and ancillary services remain taxable.
Transactions in vouchers are outside GST supply: RBI-recognised prepaid vouchers used to settle obligations qualify as money, while other vouchers are actionable claims other than specified actionable claims. Principal-to-principal voucher trading for a margin is therefore not taxable. However, commission or fee earned by agents and distributors for voucher distribution, and consideration for ancillary services such as marketing, customisation or support, is taxable as a supply of services. Unredeemed voucher breakage is not taxable where no underlying supply occurs and no agreement provides for non-redemption charges.
Clarification on place of supply of Online Services supplied by the suppliers of services to unregistered recipients.
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Place of supply for online services follows the unregistered recipient's recorded State, requiring mandatory invoice disclosure and reporting.
For online services supplied to unregistered recipients, the recipient's State name recorded on the tax invoice is deemed to be the address on record, making the recipient's location the place of supply. This requirement applies irrespective of supply value to online money gaming, OIDAR services, and all online services supplied through a supplier's own digital platform or an electronic commerce operator. Suppliers must obtain and record the recipient's State before supply and declare the recipient-based place of supply in FORM GSTR-1/1A. Omission of mandatory invoice particulars may attract penal action.
Clarifications on various issues pertaining to special procedure for the manufacturers of the specified commodities as per Notification No. F.12 (1) FD /Tax/2024-71 dated 09.01.2024
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Special manufacturing procedure clarifies machine disclosures, engineer certification, exclusions for manual packing, and compliance by job workers.
The special procedure requires specified machine particulars in FORM GST SRM-I, with mandatory machine numbers and final-packing machine details. Where electricity consumption data is unavailable, it may be calculated and certified by an eligible practicing Chartered Engineer, with the certificate uploaded with the form. Goods without MRP must report sale price in FORM GST SRM-II. The procedure excludes SEZ units and specified manual packing operations, while applying to manufacturers, job workers and contract manufacturers; a principal manufacturer bears compliance responsibility where the job worker or contract manufacturer is unregistered.
Clarification in respect of input tax credit availed by electronic commerce operators where services specified under Section 9(5) of Rajasthan Goods and Services Tax Act, 2017 are supplied through their platform
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Input tax credit for electronic commerce operators remains available, but specified service tax liabilities require payment through cash ledger.
Electronic commerce operators liable to pay tax on specified services supplied through their platforms under Section 9(5) of the Rajasthan Goods and Services Tax Act, 2017 need not reverse input tax credit proportionately under Sections 17(1) or 17(2). This principle applies to all services notified under Section 9(5). The tax liability on such specified services must be paid entirely through the electronic cash ledger. Input tax credit relating to inputs and input services used to facilitate those supplies cannot be used for that liability, but may be utilised against tax payable on the operator's own platform-related supplies.
Order under section 138(1)(a) of the Income-tax Act, 1961
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Information sharing under Income tax Act: specified authority to provide taxpayer status flags to state agriculture department.
Direction designates the Director General of Income tax (Systems), Delhi as the specified authority to furnish taxpayer information to the Agriculture Production Commissioner & Secretary, Government of Telangana. The State will provide Aadhaar numbers and PANs with assessment year(s); the authority will return a status flag "Y, N, NA" for each identifier and year. Frequency and mode of exchange will be decided by the authority in consultation with the requesting Government. The authority must enter into a Memorandum of Understanding with the notified State authority covering data transfer mode, confidentiality, secure preservation, weeding of data, and timelines, and must forward a copy of the MoU for record.
Amendment in Circular No. 29/2020-Customs dated 22.06.2020 for allowing transshipment of Bangladesh export cargo to third countries through Air Cargo Complex, Kempegowda International Airport, Bengaluru
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Transhipment permission: Bangladesh export cargo may be routed via Kempegowda Bengaluru under prescribed customs procedure.
Transhipment of Bangladesh export cargo by road from LCS Petrapole to Air Cargo Complex, Kempegowda International Airport, Bengaluru is allowed from 15.07.2024, under the procedure prescribed in Circular No. 29/2020-Customs (as amended), and will continue until further direction from the Board.
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 arises when payments are due or paid under upfront or instalment options.
For spectrum allocation services treated as continuous supply of services, GST on reverse charge is payable when payment is made or becomes due, whichever is earlier. Frequency Assignment Letters are contractual bid-acceptance documents and not tax invoices for the sixty-day rule. Where instalment due dates are ascertainable from the contract, tax invoices must be issued on or before each due date, so GST for upfront payment arises on payment or when due, and for deferred instalments arises 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 for continuous HAM highway services: invoice date or receipt of payment, whichever is earlier.
Time of supply for HAM contracts, treated as continuous supply, is the invoice date or receipt of payment, whichever is earlier, when the invoice is issued on or before the contract-specified due date or completion event; if not, time of supply is the date of provision of service (which may be the due date of payment) or receipt of payment, whichever is earlier. Interest included in instalments/annuity is includible in the taxable value under section 15(2)(d) of the WBGST Act.
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: determined under default rule, not as services to an account holder.
Custodial services by banks to Foreign Portfolio Investors are not services provided to an account holder and therefore the place of supply is not governed by the account-holder rule; instead, the place of supply must be determined under the default place-of-supply provision, which looks to the location of the service recipient where ascertainable and to the supplier otherwise.
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 WBGST Act, 2017
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Input tax credit availability on ducts and manholes upheld; ITC not blocked for OFC network infrastructure.
Input tax credit on ducts and manholes used in optical fiber cable networks is not barred under the exclusions in section 17(5) because such ducts and manholes fall within the Explanation's concept of "plant and machinery" used for making outward supply of telecommunication services and are not excluded as land, buildings, civil structures, telecommunication towers or pipelines laid 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.
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Related party loan supply: interest-only consideration is exempt, but separate processing fees attract GST as taxable services.
Loans or advances between related persons are treated as a supply under GST, but services of extending loans where consideration is only interest or discount are exempt. Fees other than interest-such as processing, administrative or service charges-constitute taxable consideration for loan processing/administration services and attract GST; where no such fees are charged between related parties, those facilitation services will not be treated as taxable supplies nor valued at open market value for 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 entitlement clarified for insurers reimbursing vehicle repair costs; ITC available to approved extent of liability.
ITC is available to insurance companies for motor vehicle repair services in reimbursement claim settlements where garages issue invoices in the insurer's name and the insurer bears the approved repair liability; insurer is treated as the recipient for the approved amount and may claim credit. If excess amounts are separately invoiced to the insured, insurer may claim ITC on its invoice subject to reimbursement to the insured; where a single full invoice is issued to insurer, ITC is limited to the approved reimbursed amount. Invoices not in insurer's name do not permit ITC.
Clarification in respect of GST liability and input tax credit (ITC) availability in cases involving Warranty/ Extended Warranty, in furtherance to Trade Circular No. 08/2023-GST dated 11.09.2023.
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GST treatment of extended warranty clarified: separate warranty supplies are taxable as services and goods replacement follows ITC rules.
Clarifies that prior guidance on replacement of parts under warranty applies equally to replacement of goods as such; distributor replacements from its own stock replenished by the manufacturer via delivery challan without consideration attract no GST and require no ITC reversal; and extended warranty supplied by a different person or sold after original supply is to be treated as a supply of services distinct from the supply of goods, with simultaneous sale by the same supplier forming part of a composite supply.
Clarification on taxability of salvage/ wreck value earmarked in the claim assessment of the damage caused to the motor vehicle.
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GST liability on salvage value: insurers not liable when salvage remains with insured; liable when insurer acquires and disposes salvage.
Where an insurance contract deducts salvage/wreck value from the claim, the salvage remains the insured's property and that deduction is not consideration for a supply by the insurer, so the insurer has no GST liability on the earmarked salvage. Conversely, if the insurer settles the full insured amount without deducting salvage, ownership of the salvage vests in the insurer and any subsequent disposal by the insurer is a taxable 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
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Input tax credit reversal not required for premium portions excluded from taxable value under life insurance valuation rules.
The portion of life insurance premium excluded from taxable value by the valuation methodology for life insurance is not to be treated as an exempt or non taxable supply; accordingly, no reversal of input tax credit is required under the GST rules applicable to reversal where inputs are attributable to exempt or non taxable supplies.
Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company.
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Import of services: additional facilitation fees for ESOP/RSU issuance attract GST payable by the domestic subsidiary on reverse charge.
Securities, including shares issued as ESOP/ESPP/RSU, are neither goods nor services under the WBGST Act and ESOP/ESPP/RSU granted as remuneration fall under Schedule III exclusion; reimbursement by the domestic subsidiary to the foreign holding company on a cost-to-cost basis does not amount to import of services and is not subject to GST. Where the foreign holding company charges any additional fee, markup or commission over cost, that excess is consideration for facilitation services and is taxable as an imported service, with GST payable by the domestic subsidiary on reverse charge basis.
Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the WBGST Act, 2017 by the suppliers.
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Reversal of Input Tax Credit requires supplier proof via CA/CMA certificate or recipient undertaking until portal verification exists.
Suppliers issuing tax credit notes for post-supply discounts may exclude the discount from taxable value only if pre-agreed and linked to invoices and the recipient has proportionately reversed the attributable Input Tax Credit; lacking portal verification, suppliers must obtain a recipient-issued certificate certified by a Chartered Accountant or Cost Accountant (or, below the small-amount threshold, an undertaking from the recipient) specifying credit note and invoice details, amounts of ITC reversal and documentary references, with UDIN for verification, as admissible evidence for compliance.
Clarification on time limit under Section 16(4) of the WBGST Act, 2017 in respect of RCM supplies received from unregistered persons.
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Input tax credit timing: ITC period tied to invoice issuance year for RCM supplies from unregistered suppliers.
Where a registered recipient must self-issue an invoice under Section 31(3)(f) and pay tax under reverse charge, the relevant financial year for the time limit under Section 16(4) for availing input tax credit is the financial year in which the recipient-issued invoice pertains; ITC is subject to payment of tax and other conditions of sections 16 and 17, and delayed issuance/payment attracts interest and potential penalties.
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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Invoice value governs valuation of imported related-party services where recipient is eligible for full input tax credit.
Where a registered person in India imports services from a related person outside India and the recipient is eligible for full input tax credit, the value declared in the recipient's invoice shall be deemed to be the open market value of those services; if no invoice value is declared, the recipient may deem the value as nil and that deemed value may be treated as the open market value. Tax on such imports is payable by the recipient under reverse charge and the recipient must issue a self-invoice.
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 to unregistered persons is the delivery address on the invoice; suppliers may record delivery address for GST.
Clause (ca) of Section 10(1) IGST Act makes the place of supply to an unregistered person the address of that person as recorded in the invoice, or the supplier's location where no recipient address is recorded; recording the recipient's State on the invoice suffices. Where billing and delivery addresses differ, including in e-commerce supplies, the place of supply is the delivery address shown on the invoice, and suppliers may record the delivery address as the recipient's address for determining place of supply.

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Order under section 138(1)(a) of the Income-tax Act, 1961

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Information sharing under Income tax Act: specified authority to provide taxpayer status flags to state agriculture department.
Direction designates the Director General of Income tax (Systems), Delhi as the specified authority to furnish taxpayer information to the Agriculture ... Summary

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Acts Income Tax