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    Clarification regarding taxability of the transaction of providing loan by an overseas affiliate to its Indian affiliate or by a person to a related p...
    Entitlement of ITC by the insurance companies on the expenses incurred for repair of motor vehicles in case of reimbursement mode of insurance claim s...
    Clarification in respect of GST liability and input tax credit (ITC) availability in cases involving Warranty/ Extended Warranty, in furtherance to Ci...
    Clarification on taxability of salvage/ wreck value earmarked in the claim assessment of the damage caused to the motor vehicle
    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 inc...
    Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company
    Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the Assam GST Act, 2017 by the suppliers
    Clarification on time limit under Section 16(4) of Assam GST Act, 2017 in respect of RCM supplies received from unregistered persons
    Clarification on valuation of supply of import of services by a related person where recipient is eligible to full input tax credit
    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...
    Clarifications on various issues pertaining to special procedure for the manufacturers of the specified commodities as per Notification No. 04/2024 - ...
    Reduction of Government Litigation - fixing monetary limits for filing appeals or applications by the Department before GSTAT, High Courts and Supreme...
    Export-Import Bank of India’s GOI-supported Line of Credit of USD 2.50 mn to the Government of Co-operative Republic of Guyana, for installation of ...
    Clarification on time of supply of services of Spectrum usage and other similar services under GST
    Clarification on time of supply in respect of supply of services of construction of road and maintenance thereof of National Highway Projects of Natio...
    Clarification on place of supply applicable for custodial services provided by banks to Foreign Portfolio Investors
    Extension of time for Filing of PAS-7
    Procedure to be followed in case of selection of ICD rail bound container for scanning at DTCS-01 near PUB
    Authorised Officers under Section 25 read with Section 47 (5) of Food Safety Standards (FSS) Act, 2006 and Regulation 13 (1) of FSS (Import) Regulatio...
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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
Show AI Summary
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.
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
Show AI Summary
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.
Clarification in respect of GST liability and input tax credit (ITC) availability in cases involving Warranty/ Extended Warranty, in furtherance to Circular No. 140/2023-GST dated 21.07.2023
Show AI Summary
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.
Clarification on taxability of salvage/ wreck value earmarked in the claim assessment of the damage caused to the motor vehicle
Show AI Summary
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.
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
Show AI Summary
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.
Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company
Show AI Summary
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.
Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the Assam GST Act, 2017 by the suppliers
Show AI Summary
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.
Clarification on time limit under Section 16(4) of Assam GST Act, 2017 in respect of RCM supplies received from unregistered persons
Show AI Summary
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.
Clarification on valuation of supply of import of services by a related person where recipient is eligible to full input tax credit
Show AI Summary
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.
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
Show AI Summary
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.
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
Show AI Summary
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.
Reduction of Government Litigation - fixing monetary limits for filing appeals or applications by the Department before GSTAT, High Courts and Supreme Court
Show AI Summary
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.
Export-Import Bank of India’s GOI-supported Line of Credit of USD 2.50 mn to the Government of Co-operative Republic of Guyana, for installation of Solar Photo Voltaic Power Plant at Cheddi Jagan International Airport
Show AI Summary
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.
Clarification on time of supply of services of Spectrum usage and other similar services under GST
Show AI Summary
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.
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
Show AI Summary
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).
Clarification on place of supply applicable for custodial services provided by banks to Foreign Portfolio Investors
Show AI Summary
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.
05/2024 - 06-07-2024 Companies Law
Extension of time for Filing of PAS-7
Show AI Summary
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.
Procedure to be followed in case of selection of ICD rail bound container for scanning at DTCS-01 near PUB
Show AI Summary
Rail-bound ICD container scanning may shift to in-port facilities without additional permission when selected for external scanning.
Rail-bound ICD containers under transshipment selected for scanning at DTCS-01 near PUB may be scanned at DTCS-02 or MXCS within the port, without further permission from the Container Scanning Division. The procedure takes immediate effect, modifies prior instructions to that extent, and operates as a standing order for concerned customs officers and staff. Unaddressed procedural disputes may be resolved by reference to applicable public notices.
Authorised Officers under Section 25 read with Section 47 (5) of Food Safety Standards (FSS) Act, 2006 and Regulation 13 (1) of FSS (Import) Regulation, 2017
Show AI Summary
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.
Circulation of Clarification on place of supply applicable for custodial services provided by banks to Foreign Portfolio Investors
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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.

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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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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 ... Summary

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Acts Income Tax