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Circulars
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Clarifications regarding applicability of GST on certain services.
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Composite supply treatment governs GTA ancillary services, while GST clarifications address educational affiliation, aviation training, utilities and property charges.
GST is clarified for affiliation, aviation training, helicopter transport, GTA ancillary services, foreign airline imports, preferential location charges, electricity utility support services and film distribution rights. GTA loading, unloading, packing, transshipment and temporary warehousing supplied in the course of road transport are composite transport supplies despite separate invoice entries. Preferential location charges collected with pre-completion construction consideration form part of the composite construction supply. Specified electricity utility support services and gratuitous foreign airline service imports receive exemption from 10 October 2024, with designated past liabilities regularized on an 'as is where is' basis.
Clarification of various doubts related to Section 128A of the CGST Act, 2017
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Waiver of interest or penalty requires full tax payment by the notified date and prescribed electronic application to qualify.
Section 128A waiver applies to demands under section 73 for specified past periods provided the taxpayer pays the full tax demanded (after permitted deductions for amounts no longer payable due to retrospective amendments to Section 16) and files the prescribed electronic application (FORM GST SPL 01 or FORM GST SPL 02) within notified timelines. Payments for pending notices are to be made via FORM GST DRC 03 and demand orders against ELR Part II (with adjustment via FORM GST DRC 03A where applicable). ITC may be utilised subject to exceptions; interest/penalty already recovered is not adjustable. Processing, hearing, and final orders are to follow specified forms and timelines, and any departmental enhancement on appeal must be paid within the stipulated period or the waiver will 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 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 credit for specified past years and revoked-registration cases; directs authorities to recognise these provisions at investigative, adjudicatory, revisional and appellate stages and to pass appropriate orders. Introduces a special rectification procedure under section 148 via Notification No. 22/2024 for affected taxpayers to apply electronically within six months, requires prescribed annexure details, mandates decision by the original officer (ordinarily within three months) with natural justice safeguards, and reiterates that section 150 of the Finance Act bars refunds of tax paid or credits reversed, subject to refund of successful appeal pre-deposits.
Guidance Note 1/2024 on provisions of the Direct Tax Vivad se Vishwas Scheme, 2024
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Dispute settlement scheme: declarants may file declarations and pay prescribed percentages to secure full and final tax settlement.
The Guidance Note sets out the Direct Tax Vivad Se Vishwas Scheme, 2024 as a statutory settlement mechanism whereby an eligible appellant may file a declaration, pay prescribed percentages of the disputed tax or disputed interest/penalty as determined by the Designated Authority, and obtain a Form 4 order recording full and final settlement; it specifies eligibility limits, excluded categories (including search based assessments, prosecutions and undisclosed foreign income/assets), prescribed Forms and timelines, non refundability of payments, and collateral effects on TDS/TCS and prosecution immunity.
Corrigendum to Circular on Ease of Doing Business in the context of Standard Operating Procedure for payment of “Financial Disincentives” by Market Infrastructure Institutions (MIIs) as a result of Technical Glitch
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Regulatory corrigendum: MIIs must follow master circular references and face accountability for technical glitches, with submission opportunity.
Corrigendum aligns the SEBI circular on payment of Financial Disincentives by MIIs for Technical Glitches with specified provisions of the Master Circular for Commodity Derivatives Segment, mapping particular paragraphs to para 16.8, para 16.8.1 and Clauses 3-8 of Annexure ZF. It inserts provisions requiring SEBI to afford MIIs an opportunity to submit facts on identified technical glitches and obliges MIIs to carry out internal examinations to determine individual accountability and record outcomes in performance appraisals, while preserving SEBI's right to initiate enforcement action.
Monitoring Shareholding of Market Infrastructure Institutions (MIIs)
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Monitoring shareholding of MIIs enforces shareholding limits, fit-and-proper criteria and triggers freezes on excess holdings.
MIIs must disclose category-wise shareholding publicly, appoint a Designated Depository (DD) to monitor paid-up equity and breaches on an End of Day basis, and inform exchanges of threshold breaches. The DD will generate daily aggregate reports, alert on caution and breach levels, coordinate with other depositories, and on breaches apply ISIN-level freezes, disable e-voting for excess holdings, and freeze corporate benefits directing them to investor protection or settlement guarantee funds; listed excess holdings are divested via a special trading window, unlisted divestment follows regulator directions.
Applicability of Para 4.08 (ii) of HBP in case of inputs being procured by Advance Authorisation Holders from Units located in SEZ
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No Objection Certificate requirement: NOC not required for Acetic Anhydride procured from SEZ units under Certificate of Supplies.
Paragraph 4.08(ii) requires Regional Authorities to endorse Advance Authorisations to designated agencies and impose a condition that an NOC from the Drug Controller and Narcotics Commissioner is obtained before effecting imports. DGFT clarifies that this NOC requirement will not apply where an Advance Authorisation holder procures Acetic Anhydride from a unit located inside an SEZ against a Certificate of Supplies, provided the material is manufactured by that SEZ unit.
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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As is where is basis: acceptance of declared lower-rate GST payments as full discharge, no refunds to higher-rate payers.
The circular clarifies that where GST Council-directed regularisation on an "as is" or "as is, where is" basis addresses competing rates or interpretational doubt, the tax position declared in a taxpayer's returns at the lower or nil rate for the regularised period is treated as full discharge of liability, while taxpayers who paid the higher rate are not entitled to refunds; the regularisation does not protect taxpayers who paid no tax when the higher rate is held applicable, and applicable tax shall be recovered from nonpayers.
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: revised rates and tariff headings for extruded snacks, RMPU air conditioners and vehicle seats take effect prospectively.
Clarification directs that extruded/expanded savoury snack products manufactured by extrusion are subject to 12% GST prospectively while un fried or un cooked extruded snack pellets remain at 5%, with past periods liable at 18%. Roof Mounted Package Unit air conditioners for railways are classified as air conditioning machines and attract the rate applicable to that heading. Seats for two wheelers are classifiable as two wheeler parts attracting the higher rate; car seat assemblies are reclassified to the higher rate prospectively. Field formations must implement and report difficulties.
Clarifications regarding applicability of GST on certain services
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Taxability of affiliation services: universities' affiliation taxable while government schools' board affiliation exempt, with past liabilities regularised.
Affiliation services by universities to colleges are taxable and not covered by the educational exemption. Affiliation by Central/State boards to schools is taxable, with supplies to government schools exempt from the notified date; past GST on such affiliation to all schools is regularized on an as is where is basis. DGCA approved flying training courses with mandated completion certificates qualify as exempt education services. Ancillary services by GTAs during road transport form part of a composite supply unless supplied independently and invoiced separately.
Clarification regarding regularization of refund of IGST availed in contravention of rule 96(10) of GGST Rules, 2017, in cases where the exporters had imported certain inputs without payment of integrated taxes and compensation cess.
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IGST export refund regularization applies after import tax and cess payment with interest and reassessment of the bill of entry.
IGST refunds on exports may be regularized where inputs were initially imported without payment of IGST and compensation cess under specified customs exemption benefits, provided the importer subsequently pays those taxes with interest. The refund is not treated as contravening rule 96(10) where the relevant bill of entry is reassessed by jurisdictional customs authorities to reflect payment of IGST and compensation cess.
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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Data hosting services supplied on principal-to-principal basis use recipient-location rules and may qualify as exports when statutory conditions are met.
Data hosting services supplied by an Indian provider to an overseas cloud computing provider are supplied on a principal-to-principal basis and are not intermediary services where the provider does not facilitate supplies to end users. The services are neither in respect of recipient-made-available goods nor directly related to immovable property. Where no specific place-of-supply provision applies, the place of supply is the recipient's overseas location. Such supply may qualify as export of services, subject to the remaining statutory export conditions.
Clarification on availability of input tax credit in respect of demo vehicles.
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Input tax credit on demo vehicles remains available when authorised dealers use them to promote further vehicle supplies.
GST input tax credit on demo vehicles used by authorised motor-vehicle dealers is available where the vehicles are used to promote and facilitate the dealer's further supply of similar motor vehicles. Credit is not available where vehicles are used for unrelated purposes or where the dealer merely provides marketing or test-drive facilitation services to a manufacturer without selling vehicles on its own account. Capitalisation does not by itself affect credit, subject to applicable conditions, depreciation restrictions, and the prescribed capital-goods disposal mechanism on subsequent sale.
Clarification in respect of advertising services provided to foreign clients.
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Advertising service classification determines whether Indian agencies serving foreign clients act on principal basis or as intermediaries.
Where an Indian advertising agency provides an integrated advertising service to a foreign client on its own account, contracts separately with media owners and invoices the foreign client, it is not an intermediary. The foreign client remains the recipient; an Indian representative or target audience is not the recipient. Such services are not performance-based merely because advertisements are displayed in India. The recipient-location rule applies where no special rule governs, so the place of supply is outside India, subject to export conditions. An agency that only facilitates a direct media-owner supply to the foreign client is an intermediary.
Change in timing for securities payout in the Activity schedule for T+1 Rolling Settlement
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Direct payout of securities: settlement pay-out timing revised so securities are credited to clients on the same settlement day.
Clearing Corporations must credit securities directly to clients' demat accounts in the equity cash segment (including netted cash and F&O physical settlement), and the timing for securities pay-out on the settlement day is revised so securities are credited on the same settlement day instead of the following working day, with corresponding amendments required to the activity schedule and market participants' rules.
Extension of timeline for implementation of SEBI Circular SEBI/HO/MIRSD/MIRSD-PoD1/P/CIR/2024/75 dated June 05, 2024
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Payout to client demat accounts deadline extended to allow orderly implementation; exchanges and depositories must update systems and bylaws.
Mandate to effect pay-out of securities directly to the client's demat account is deferred to allow orderly implementation after delayed operational guidelines from Clearing Corporations; Exchanges, Clearing Corporations and Depositories must notify members, implement systems and procedures, and amend bye laws, rules and regulations to ensure compliance under SEBI and Depositories Act powers.
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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Customs bonded warehouse digitization streamlines online licensing, goods transfers, monthly returns, and bond compliance on ICEGATE.
Digitization of Customs Bonded Warehouse procedures is introduced through the Warehouse Module on ICEGATE for online filing of warehouse licence applications, online processing of requests for transfer of warehoused goods, and uploading of monthly returns. The module covers structured workflows for transfer of warehoused goods in different scenarios, including change of ownership, change of warehouse, and change of both warehouse and ownership, with electronic validation of bond details and officer-level approval at the relevant stage. Monthly return compliance is also digitized through upload of Form A and Form B, while security under Section 59 of the Customs Act remains required in addition to the warehousing bond.
Digitization of Customs Bonded Warehouse procedures relating to obtaining Warehouse License, Bond to Bond Movement of warehoused goods, and uploading of Monthly Returns - Reg.
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Digitization of customs bonded warehouse procedures enables online licensing, bond-validated transfers and electronic monthly return uploads.
An ICEGATE Warehouse Module digitizes online filing and backend processing of warehouse license applications, captures officer queries and responses, generates warehouse codes, and routes applications via the port-linked ICES role. It implements workflows for three transfer scenarios-ownership change, warehouse change, and combined change-validating item-by-item into-bond entries, handling Triple Duty and transhipment bonds through ICES with electronic debit/credit, and enabling scanned upload of monthly returns while retaining the physical transfer Form until integration.
Order Regarding Assignment of Functions Under Section 54 of the DGST Act, 2017 – Delegation of Refund Powers to Proper Officers
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Refund jurisdiction delegation assigns claims by monetary threshold and zone, with ineligible input tax credit recovery referred to jurisdictional officers.
Refund functions under section 54 of the Delhi Goods and Services Tax Act, 2017 are assigned to specified proper officers according to pecuniary and territorial jurisdiction. Assistant Commissioners and GSTOs decide claims up to the prescribed lower threshold, while senior proper officers decide claims exceeding it. Online higher-value applications must be placed before the competent senior officer. If refund rejection entails recovery of ineligible input tax credit, the matter must be referred to the jurisdictional proper officer or ward officer.
Extension of time for filing Forms to monitor voluntary liquidation processes under the Insolvency and Bankruptcy Code, 2016, and the regulations made thereunder.
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Extension of filing deadline for voluntary liquidation monitoring forms under section 196(1) IBC to address technical issues.
Extension of time granted for filing forms to monitor voluntary liquidation processes following representations from liquidators and agencies about technical difficulties; the Board has extended the last date for submission to accommodate electronic and submission issues and issues the extension under its statutory power under section 196(1) of the Insolvency and Bankruptcy Code, 2016.

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Clarification on place of supply of Online Services supplied by the suppliers of services to unregistered recipients

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Place of supply rules: online service suppliers must record recipient State on invoices and report recipient location.
Suppliers of online/digital services, including OIDAR services and supplies through electronic commerce operators or online money gaming, must record the ... Summary

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Acts Income Tax