Input tax credit on optical fiber cable ducts and manholes is clarified as available under plant and machinery rules.
Input tax credit on ducts and manholes used in an optical fiber cable network is clarified to be available under the Assam GST Act, 2017. Such ducts and manholes are treated as part of plant and machinery because they function as network components used for outward supply of telecommunication signals and for laying, upkeep, and maintenance of optical fiber cables. As they are not covered by the exclusions in the statutory explanation, credit is not restricted under section 17(5).

GST on related-party loans depends on whether only interest applies or any processing fee is separately charged.
Loans, credit, or advances between related persons may be treated as supply under the deeming provisions in Schedule I, but the portion represented by interest or discount is exempt. Where no processing fee, administrative charge, service fee, or loan-granting charge is levied and consideration is confined to interest or discount, the transaction is not to be treated as a separate taxable supply of processing, facilitation, or administration services, and GST is not to be levied by resort to open market value. Any additional fee of that nature over and above interest or discount is taxable.

Input tax credit on motor vehicle repair claims in reimbursement mode is limited to the approved claim amount and invoice conditions.
Input tax credit is clarified for insurance companies in reimbursement mode of motor vehicle repair claims. The insurer is treated as the recipient of repair services to the extent of the approved claim cost reimbursed to the insured, and ITC is available where the invoice is issued in the insurer's name. If the repair invoice exceeds the approved claim amount, credit is limited to the approved reimbursed portion. No ITC is available where the invoice is not in the insurer's name.

Warranty and extended warranty GST treatment clarified for goods replacement, distributor replenishment, and separate service supply taxation.
Warranty replacement of goods or parts is clarified to fall within the earlier circular, so that the treatment of GST liability and input tax credit reversal applies even where goods as such are replaced under warranty. Where a distributor replaces goods or parts from its own stock and is later replenished by the manufacturer through a delivery challan without separate consideration, no GST is payable on the replenishment and no input tax credit reversal is required. Extended warranty supplied by a person different from the goods supplier, or supplied after the original sale, is treated as a separate supply of services taxable under GST.

Salvage value in motor insurance claims is taxable only when the insurer takes ownership and sells the wreck.
GST liability on salvage or wreck value in motor vehicle insurance claims depends on the insurance contract. If the claim is settled by deducting salvage as a pre-agreed deductible, the salvage remains the property of the insured and the insurer is not liable to discharge GST on that value. If the claim is settled on the full insured declared value without deduction, the salvage becomes the insurer's property and outward GST is payable on its disposal or sale.

Input tax credit reversal on life insurance premium excluded from taxable value is not required under the GST valuation rules.
Premium allocated for investment or savings under life insurance policies and excluded from taxable value under Rule 32(4) is not an exempt or non-taxable supply merely because it is excluded from valuation. The excluded portion of premium in taxable life insurance policies does not require reversal of input tax credit under Section 17(1) and (2) read with Rules 42 and 43, as reversal applies only where credit relates to exempt supplies or mixed use.

GST treatment of ESOP and RSU reimbursements hinges on whether only securities cost is paid or extra service charges are added.
GST treatment of ESOP, ESPP and RSU arrangements issued by a foreign holding company to employees of an Indian subsidiary depends on the substance of the transaction. Where the subsidiary reimburses only the cost of shares or securities on a cost-to-cost basis, the transaction is treated as a transfer of securities and not as a taxable supply of goods or services, and GST is not leviable. If the foreign holding company charges any additional fee, markup or commission, that amount is treated as consideration for a facilitation service and GST applies on reverse charge basis.

Post-supply discounts and input tax credit reversal evidence under Assam GST are clarified through certificates and recipient undertakings.
Post-supply discounts given through tax credit notes are excluded from taxable value only if the conditions of section 15(3)(b)(ii) are met, including reversal of the input tax credit attributable to the discount by the recipient. Until portal functionality is available to verify such reversal, the supplier may obtain a CA/CMA certificate, or in smaller cases an undertaking or certificate from the recipient, containing particulars of the credit notes, invoices, reversal amount, and supporting documents. These records are treated as admissible evidence of compliance.

Input tax credit time limit for reverse charge supplies from unregistered persons follows the recipient-issued invoice year under Assam GST rules.
Clarification is issued on the time limit for availment of input tax credit under section 16(4) of the Assam GST Act in cases where a registered recipient receives supplies from an unregistered person and pays tax under reverse charge mechanism. For such supplies, the recipient must issue the invoice under section 31(3)(f), and the relevant financial year for computing the ITC time limit is the year in which that invoice is issued, subject to payment of tax and satisfaction of the conditions under sections 16 and 17. Delayed invoicing may also attract interest and penalty.

Input tax credit valuation rule deems invoice value as open market value for related-party import of services under GST.
Import of services by a related person is treated as supply, and where the recipient is eligible for full input tax credit, the invoice value is deemed to be the open market value under Rule 28. This applies equally to services imported from a foreign affiliate to a related domestic entity. In such cases, tax is payable under reverse charge, and the registered person in India must issue a self-invoice. If no invoice is issued, the value may be treated as nil and still deemed open market value.

Place of supply for unregistered-person goods follows the delivery address recorded on the invoice in e-commerce cases.
Clarification on place of supply for goods supplied to unregistered persons states that clause (ca) of section 10(1) of the IGST Act overrides prior rules. The place of supply is the recipient's address recorded in the invoice, and recording the name of the State is deemed to be recording the address. In e-commerce cases where billing and delivery addresses differ, the delivery address recorded on the invoice determines the place of supply.

Special procedure for specified commodity manufacturers clarified on machine details, packing records, and job work compliance.
Clarifications were issued on the special procedure for manufacturers of specified commodities, including reporting of machine details in FORM GST SRM-I and sale price in FORM GST SRM-II where no MRP is available. The circular also explains how electricity consumption rating may be declared, including certification by a practicing Chartered Engineer, and clarifies the scope of the procedure in relation to SEZ units, manual packing operations, final packing machines, and job work or contract manufacturing.

Monetary limits for GST appeals restrict departmental litigation, while constitutional and recurring interpretive issues remain excluded.
Monetary limits are fixed for departmental appeals and applications under the Assam GST framework to reduce government litigation. The limits apply before GSTAT, the High Court, and the Supreme Court, and are calculated by reference to the disputed tax, interest, penalty, late fee, or refund, as applicable. Certain constitutional and recurring interpretation issues, adverse costs or strictures, and other matters considered necessary in the interest of justice or revenue are excluded from the limit-based restriction.

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.

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.

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).

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.

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.

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.

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.