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Circulars
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ISSUANCE OF SCNS IN TIME BOUND MANNER
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Time-bound issuance of show-cause notices required to protect limitation periods and ensure timely adjudication in GST investigations.
SCNs in GST evasion and fraudulent input tax credit matters must be issued sufficiently before statutory limitation cut-offs so orders can be completed within the three year or five year limitation periods tied to annual return filing; supervisory authorities must review pending investigations, prioritise issuance of SCNs, adopt action plans (avoiding investigations beyond one year) and ensure timely adjudication to protect limitation windows and adjudicatory quality.
Order under section 119 of the Income-tax Act, 1961 providing exclusions to section 144B of the Act Cases in which limitation period expires on 30.09.2021.
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Faceless assessment exceptions permit jurisdictional officers to complete specified reassessments when faceless procedure is infeasible.
The Board adds an exception to faceless assessment: where assessments set aside for de novo consideration or reassessments are pending with the jurisdictional Assessing Officer on or after 11.09.2021 and their time limit for completion expires on 30.09.2021, and such matters cannot be completed under the faceless procedure due to technical or procedural constraints, those assessments shall be completed by the jurisdictional Assessing Officer. Existing exceptions for central and international charges and portal/PAN technical issues remain; the exception applies only to cases with limitation expiring on the stated date.
Partial Modification in the Order issued u/s 144B(2) Income-tax Act, 1961 for specifying the scope/cases to be done under the Act
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Exclusion from Section 144B: de novo and reassessment cases pending with assessing officers excluded where completion is technically infeasible.
Exclusion from the procedural regime under Section 144B is directed for cases set aside for de novo disposal and cases requiring reassessment where the limitation for completion expires on 30.09.2021, provided they were pending with the jurisdictional Assessing Officer as on 11.09.2021 or thereafter and cannot be completed under Section 144B due to technical or procedural constraints.
GST on milling of wheat into flour or paddy into rice for distribution by State Governments under PDS
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PDS milling services qualify for GST exemption within the composite-supply goods threshold, with job-work taxation applying otherwise.
Composite milling of wheat into fortified flour or paddy into rice for State Government distribution through the Public Distribution System is exempt where goods, including fortification inputs and packing material, do not exceed 25 per cent of total supply value. If the goods threshold is exceeded, the supply attracts GST at 5 per cent as job work when made to a registered person, including a recipient registered solely for tax deduction at source.
Clarification regarding rate of tax applicable on construction services provided to a Government Entity, in relation to construction such as of a Ropeway on turnkey basis
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Ropeway construction for tourism supplied to a Government Entity falls outside concessional works contract treatment because it serves business purposes.
Concessional GST on composite works contracts supplied to a Government Entity requires construction of civil structures or original works predominantly intended for non-business use. The public-authority exclusion from business applies only to the Central Government, State Government and local authorities, not Governmental Authorities or Government Entities. Ropeway construction for tourism development is a business-purpose structure, falls outside separate concessions for roads, bridges, terminals and railways, and attracts 18% GST instead of the 12% rate.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of G.O. (Ms) No. 71, Commercial Taxes and Registration Department dated 13.04.2020 published in Tamil Nadu Government Gazette Extraordinary in Issue No 158 in Notification No.II(2)/CTR/232(h-6)/2020, dated 13.04.2020
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Dynamic QR Code compliance permits payment-linked identifiers and excludes specified foreign-recipient service invoices from B2C invoice requirements.
Dynamic QR Code compliance applies to B2C invoices of taxpayers exceeding the prescribed turnover threshold. Invoices to Unique Identity Number holders are treated as B2C invoices. A UPI ID need not be accompanied by separate bank-account and IFSC details, and an authorised payment collector's UPI ID may be used. Overseas-recipient service invoices meeting the stated foreign-currency payment conditions need not carry a Dynamic QR Code. For over-the-counter sales, an invoice-linked order ID may be used before invoice generation. Where part-payment has been received, the code may show only the remaining amount payable, with full payment details disclosed on the invoice.
Clarification regarding GST rate on laterals/parts of Sprinklers or Drip Irrigation System
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GST classification of sprinkler and drip irrigation parts determines concessional treatment when components are solely or principally used with systems.
Laterals and parts suitable solely or principally for use with sprinklers or drip irrigation systems, when classifiable under heading 8424, attract GST at 12% even if supplied separately. Parts of general use classified under a heading other than 8424 are taxable at the GST rate applicable to their respective heading.
GST on service supplied by State Govt. to their undertakings or PSUs by way of guaranteeing loans taken by them
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Government loan guarantees for public undertakings remain exempt from GST when loans are obtained from banks or financial institutions.
GST exemption covers services supplied by the Central Government, a State Government or a Union territory to their undertakings or Public Sector Undertakings by guaranteeing loans taken from banking companies or financial institutions. Entry 34A in Tamil Nadu's GST exemption framework applies to such governmental loan-guarantee services, exempting the guarantee service from GST where it supports borrowings of the relevant undertaking or PSU.
Clarification regarding GST on supply of various services by Central and State Board (such as National Board of Examination)
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GST exemption on examination services: fees and input services by central/state boards are exempt, accreditation remains taxable.
The circular confirms that GST exemption applies to services by Central or State Boards in conducting examinations for students, including entrance examinations and associated fees, and to input services relating to admission or conduct of examinations such as online testing, result publication, and printing of admit cards and question papers. It further specifies that other services, notably accreditation or registration of institutions or professionals, are taxable and attract GST.
Clarification regarding applicability of GST on the activity of construction of road where considerations are received in deferred payment (annuity)
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GST exemption scope for annuity payments clarified: construction annuities remain taxable as exemption covers access services only.
Entry 23A's exemption for annuity payments applies only to access/operation services under Heading 9967 and, therefore, does not exempt annuities or deferred payments made for construction of roads, which fall under Heading 9954 and remain subject to GST applicable to construction services.
Clarification regarding applicability of GST on supply of food in Anganwadis and Schools
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GST exemption on catering services: serving food to schools and anganwadis is exempt regardless of funding source.
Services consisting of serving food (catering, including mid-day meals) to schools and Anganwadis are exempt from GST under Entry 66(b)(ii), and this exemption applies irrespective of whether such supplies are funded by government grants or corporate donations.
Standard Operating Procedure (SOP) for implementation of the provision of extension of time limit to apply for revocation of cancellation of registration under section 30 of the TNGST Act, 2017 and rule 23 of the TNGST Rules, 2017
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Extension of time to apply for revocation of cancellation allows officers to grant limited extensions following procedural requests and review.
This SOP operationalises the amended provision permitting staged extensions for filing FORM GST REG-21: applicants who file beyond the initial period must request extension by letter or e mail to the proper officer, who forwards it to the jurisdictional Joint/Additional Commissioner. The Commissioner or Joint/Additional Commissioner may extend time on sufficient cause with reasons recorded, may grant personal hearing if needed, and must communicate grant or rejection via the proper officer; on a grant, the proper officer will process the REG-21 application. The SOP applies until GSTN portal functionality is available.
Clarification regarding extension of limitation under GST Law in terms of Hon’ble Supreme Court’s Order dated 27.04.2021.
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Extension of limitation applies to GST appeals and revisions, not to original adjudication or enforcement proceedings.
The Supreme Court's extension of limitation applies to judicial and quasi judicial lis-principally appeals, reviews and revisions-and thus extends filing timelines for appeals before appellate authorities and courts. The extension does not cover original adjudication, taxpayer statutory compliance deadlines, enforcement actions such as searches, enquiries or arrests, nor routine steps like issuance of show cause notices; those remain governed by statutory time limits or specific statutory extensions.
De-Activation of IECs not updated on the DGFT
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IEC de-activation for non-updated records to be implemented; affected holders can reactivate by online updation.
A phased de-activation of IECs that have not undergone the required annual electronic updation will be implemented; IECs without updation since 01.01.2005 are targeted for de-activation subject to a final opportunity to update online. Applications already submitted and pending regional approval will be excluded. De-activated IECs may be automatically reactivated following successful online updation by the holder, and the updated status will be transmitted to the Customs system without manual intervention.
Clarifications with respect to Circular dated April 28, 2021 on ‘Alignment of interest of Key Employees (‘Designated Employees’) of Asset Management Companies (AMCs) with the Unitholders of the Mutual Fund Schemes’
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Alignment of interests: designated employees must mandatorily invest part of compensation in scheme units, subject to lock in and controls.
Designated Employees of AMCs must have part of compensation mandatorily invested in scheme units, with junior employees subject to phased implementation until a specified age, purchases made on salary day and apportionment using previous month closing AUM, CTC and perquisite treatment defined, a three year lock in and prescribed redemption/approval procedures for liquid and open ended schemes, exceptions for fund structures, and a SEBI determined clawback for gross misconduct, together with required audit trails and monthly aggregate disclosures.
Clarification relating to export of services-condition (v) of section 2 (6) of the IGST Act 2017
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Export of services: supplies from Indian-incorporated affiliates to foreign parents can qualify as exports if other conditions are met.
The circular clarifies that a company incorporated in India and a foreign company incorporated outside India are separate persons; therefore supplies of services by an Indian-incorporated subsidiary/sister/group concern to establishments of the foreign parent abroad are not "merely establishments of a distinct person" under Explanation 1 to section 8 and need not be excluded by clause (v) of sub-section (6) of section 2 of the IGST Act, subject to fulfilment of the other export conditions. By contrast, branches, agencies or representative offices of the same foreign company are establishments and supplies between them and the foreign parent do not qualify as export.
Clarification relating to export of services-condition (v) of section 2(6) of the IGST Act 2017
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Export of services: supplies from an Indian incorporated group company to foreign parent establishments may qualify as export.
Clause (v) excludes supplies between establishments of the same person treated as distinct under Explanation 1 to section 8; branches, agencies or representational offices are establishments per Explanation 2. A company incorporated in India and a foreign company incorporated outside India are separate persons. Therefore, services supplied by an Indian incorporated subsidiary/sister/group company to establishments of its foreign parent outside India are not barred by condition (v) and may qualify as export of services, subject to the other statutory export conditions.
Clarification in respect of certain GST related issues
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Input tax credit timing clarified: debit note date determines relevant financial year and governs ITC availment.
The circular clarifies that the date of issuance of a debit note determines the financial year for claiming input tax credit, and the amended timing rule governs ITC availment for claims made on or after the amendment's effective date; e invoices may be verified by electronic production of the QR code with the Invoice Reference Number instead of a physical invoice during movement; and the refund prohibition on unutilized ITC applies only to exports actually subjected to export duty, excluding goods with nil or exempt export duty.
Clarification in respect of certain GST related issues
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Input tax credit limitation: debit note date, not invoice date, determines when ITC can be claimed under GST.
The amendment makes the date of issuance of a debit note determinative of the financial year for claiming input tax credit; ITC claims made on or after the amendment's effective date are governed by the amended timing rule, while ITC availed prior to that date remains under the prior provision. Illustrations clarify cross year debit notes. Additionally, where an e invoice with an embedded Invoice Reference Number (IRN) has been generated, electronic production of the QR code suffices instead of a physical invoice, and export related refund restrictions apply only to goods actually subject to export duty.
Clarification on doubts related to scope of “Intermediary”
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Intermediary services defined as facilitation between multiple parties; intermediary status depends on ancillary role and absence of principal supply.
Clarification defines intermediary as a person who arranges or facilitates a supply between other persons and does not supply the main goods, services or securities on his own account. Intermediary services require more-than-two parties, consist of two distinct supplies (main supply and ancillary facilitation), and exclude subcontractors or persons supplying the main service on a principal-to-principal basis. Place-of-supply rules for intermediary services under section 13 of the IGST Act apply only when either the supplier or recipient is located outside India.

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Amendment to Circular No. GST/Reassessment Procedure Determination/File No. R-568/794/Commercial Tax dated 24 December 2019

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GST reassessment procedure shifts Headquarters handling from the Law Section to the GST Section for all proposals and responsibilities.
Immediate amendment transfers the handling of reassessment matters at Headquarters from the Law Section to the GST Section. The functions earlier ... Summary

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Acts Income Tax