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    Circulars
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    Clarification regarding GST rates & classification (goods) based on the recommendations of the GST council in its 53rd meeting held on 22nd June, 2024, at New Delhi
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    GST classification clarification covers solar cookers, sprinklers, poultry machinery parts, and pre-packaged agricultural produce.
    Clarification is issued on GST rates and classification for solar cookers, sprinklers, parts of poultry-keeping machinery, and agricultural farm produce. Dual-energy solar cookers are classifiable under heading 8516 and attract 12% GST; all sprinklers, including fire water sprinklers, attract 12% GST; and parts of poultry-keeping machinery attract 12% GST under tariff item 84369100. Agricultural farm produce in packages exceeding 25 kilogram or 25 litre is excluded from "pre-packaged and labelled" and does not attract 5% GST.
    APGST Act, 2017 - Clarifications regarding applicability of GST on certain services - Issued
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    GST clarifications on Railway services, RERA collections, digital incentives, reinsurance, retrocession, and accommodation exemptions
    Clarifications were issued on the GST treatment of specified services, including Indian Railways services, RERA statutory collections, digital payment incentives, reinsurance of specified insurance schemes, retrocession services, and certain accommodation services. The circular exempts or regularises past-period GST for Railways and SPV transactions, clarifies that RERA statutory collections are covered by the governmental authority exemption, treats specified incentive sharing as subsidy and not taxable, regularises reinsurance liabilities on an 'as is where is' basis, and clarifies that accommodation services meeting the stated value and duration conditions are exempt.
    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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    Digitization of customs bonded warehouse procedures enables online licensing, validated transfers and electronic monthly returns uploading.
    An ICEGATE Warehouse Module provides online filing and backend processing for warehouse licences, records and validates transfers across three scenarios (ownership change, warehouse change, both), integrates bond and insurance data with ICES validation, enables PDF uploads of prescribed monthly returns, tracks into-bond consignments through successive transfers, and preserves the requirement for prescribed security and physical bond submission at the port of import.
    Extension of time lines for filing of various reports of audit for the Assessment Year 2024-25
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    Extension of audit report filing deadline: specified assessees under Income-tax Act permitted to file by October 7.
    The Central Board of Direct Taxes, invoking its authority under Section 119 of the Income-tax Act, extends the specified date for furnishing report of audit under any provision of the Act for the Previous Year 2023-24 from 30th September, 2024 to 07th October, 2024 for assessees referred in clause (a) of Explanation 2 to sub-section (1) of section 139.
    Extension of the validity of FCRA registration certificates
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    FCRA registration validity extended for renewals until disposal; refusal causes immediate expiry and bars receipt and use of foreign funds.
    Certificates previously extended until 30.09.2024 with pending renewal applications are extended until 31.12.2024 or disposal of renewal, and certificates whose five year validity expires during 01.10.2024-31.12.2024 and for which renewal is applied before expiry are similarly extended until 31.12.2024 or disposal of renewal. If a renewal application is refused, the certificate expires on the date of refusal and the association cannot receive or utilize foreign contribution.
    Import of Petroleum Products and Safety Requirements for handling Petroleum Cargo
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    Container requirements for petroleum imports: approved containers mandatory and flexi bags in general-purpose containers prohibited by safety regulator.
    Petroleum Rules, 2002 classify petroleum into Class A, B and C by flash point and require storage, carriage and transport in containers meeting specifications and approvals under Rules 4-6; containers above prescribed capacities must be approved by the Chief Controller. PESO has clarified that flexi bags in general-purpose 20-foot containers are not recognised as compliant containers and PESO will not license transportation in such flexi bags; therefore petroleum covered by the Rules must be imported only in specified approved containers.
    Designation of Central Public Information Officer (CPIO) and First Appellate Authority under the Right to Information Act, 2005
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    Right to information administration designates information officers and an appellate authority, with link officers ensuring continuity during absences.
    Central Public Information Officers are designated for the Marine and Preventive Wing and its Alibag and Bassein divisions, replacing earlier public notices with immediate effect until further orders. A First Appellate Authority is also designated for the relevant jurisdiction. If a designated officer is absent due to leave, training, or similar reasons, the Link Officer holding additional charge must attend to the RTI matter, ensuring continuity in the handling of information requests and related appeals.
    Guidelines for recovery of outstanding dues, in cases wherein first appeal has been disposed of, till Appellate Tribunal comes into operation.
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    Pre-deposit stay on recovery: pay equivalent pre-deposit and submit undertaking to suspend recovery pending tribunal operation.
    Clarifies that where appeal to the Appellate Tribunal cannot be filed due to non-constitution, a taxpayer intending to appeal may pay an amount equal to the prescribed pre-deposit via Services >> Ledgers >> Payment towards demand to map it in Electronic Liability Register Part II; on payment and filing an undertaking to the proper officer to file appeal when the Tribunal operates, recovery of the remaining confirmed demand will be stayed. Payments inadvertently made through FORM GST DRC-03 may be regularised by filing FORM GST DRC-03A when portal functionality exists and such payments may be adjusted towards the required pre-deposit; until the form is available taxpayers may intimate the proper officer to defer recovery.
    Clarification regarding regularization of refund of IGST availed in contravention of rule 96(10) of RGST Rules, 2017, in cases where the exporters had imported certain inputs without payment of integrated taxes and compensation cess.
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    IGST refund regularisation permits export refunds after subsequent tax and cess payment, interest payment, and Bill of Entry reassessment.
    IGST refund on exports is not treated as barred under rule 96(10) where inputs were initially imported without IGST and compensation cess under specified exemption notifications, but those levies are subsequently paid with interest. The retrospective explanation treats notification benefits as not availed when IGST and compensation cess are paid and only basic customs duty exemption is retained. The relevant Bill of Entry must be reassessed by jurisdictional customs authorities to reflect the payment.
    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 follow the overseas recipient-location rule and may qualify as exports when supplied independently from India.
    Indian data hosting providers supplying overseas cloud computing providers render services on a principal-to-principal basis and are not intermediaries where they independently operate and maintain data-centre infrastructure without arranging supplies to end users. The services are not treated as supplied in relation to recipient-made-available goods or directly in relation to immovable property. As no specified place-of-supply exception applies, the default recipient-location rule governs. Where the recipient is outside India, the place of supply is outside India and the supply may qualify as export of services, subject to applicable export conditions.
    Clarification on availability of input tax credit in respect of demo vehicles.
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    Input tax credit on demo vehicles applies when test drives promote dealers' own further supply of similar vehicles.
    Input tax credit is available on demo vehicles used by authorised dealers for trial runs and feature demonstrations that promote their further supply of similar motor vehicles. Credit is unavailable where vehicles are used for staff or management transport, or where the dealer only provides marketing or facilitation services for a manufacturer without making vehicle supplies on its own account. Capitalisation does not independently restrict credit, but depreciation claimed on the tax component prevents credit on that component. Disposal of a capitalised demo vehicle requires payment of the applicable amount or tax.
    Clarification in respect of advertising services provided to foreign clients.
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    Advertising services to foreign clients qualify under recipient-location rules when agencies provide comprehensive services on their own account.
    An Indian advertising company providing a comprehensive advertising service to a foreign client on its own account is not an intermediary merely because it procures media space from media owners. The foreign client is the recipient where it contracts for, is invoiced for, and pays the service; neither its Indian representative nor the target audience is the recipient. Such services are not performance-based, and the recipient-location rule applies where no specific rule governs. Where the foreign client is outside India, the service may qualify as export subject to applicable conditions. Mere facilitation of a direct foreign-client-media-owner arrangement is intermediary service.
    Circulation of clarification in respect of advertising services provided to foreign clients
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    GST treatment of cross-border advertising clarified, directing compliance and dissemination to subordinate officers and business organisations.
    The Commissioner of State Tax forwards a central clarification on the GST treatment of advertising services provided by Indian advertising companies to foreign entities, directing subordinate officers to ensure dissemination to officials and business organisations and to secure compliance with the clarified tax treatment.
    Circulation of clarification on place of supply of data hosting services provided by service providers located in India to cloud computing service located providers India
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    Place of supply clarification for data hosting services requires service providers to ensure compliance and notify affected business stakeholders.
    Clarification addresses the place of supply for data hosting services provided by service providers located in India to cloud computing providers, attaching the Central Board's circular and directing subordinate officers to ensure compliance and inform business organisations of the clarification for implementation and awareness.
    Clarification on Regularization of IGST Refund Availed in Contravention of Rule 96(10) of UPGST Rules, 2017 for Exporters Importing Inputs Without Payment of IGST and Compensation Cess
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    IGST refund regularization permitted when IGST and compensation cess are later paid and imports reassessed by Customs.
    Where inputs were initially imported without payment of integrated tax and compensation cess under specified customs notifications but the registered person subsequently pays IGST and compensation cess with interest and obtains reassessment of the Bill of Entry by Customs, the IGST refunded on exports to that exporter shall not be considered to contravene sub rule (10) of rule 96.
    Clarifications and Regularization of GST Liability on Certain Services Based on the Recommendations of the 53rd GST Council Meeting
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    GST regularization clarifies exemptions and subsidy treatment for rail services, SPV infrastructure, RERA, payments, reinsurance, accommodation.
    Clarification and regularization of GST liabilities and exemptions for specified services: Ministry of Railways public services and inter-zone supplies exempted and regularized on an as is where is basis; SPV supplies of infrastructure use exempted and regularized for the stated historical period; RERA statutory collections fall under the governmental authority exemption; incentive sharing by acquiring banks under the notified RuPay/UPI scheme treated as a subsidy and not taxable where distributed in NPCI-determined proportions; reinsurance of certain exempt insurance schemes and government-premium schemes regularized for past periods and reinsurance is clarified to include retrocession.
    Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 53rd meeting held on 22nd June, 2024, at New Delhi
    Show AI Summary
    GST classification clarifications: solar cookers, sprinklers, machinery parts and packaged produce reclassified and past issues regularized with conditions.
    Clarification under section 168 clarifies that dual-energy solar cookers are classifiable under heading 8516 and attract 12% GST; all sprinklers including fire water sprinklers attract 12% GST and past-period issues are regularised on an "as is where is" basis. Parts of poultry-keeping machinery fall under tariff item 84369100 and attract 12% GST, with the Schedule amended to include parts and past-period regularisation. The definition of "pre-packaged and labelled" excludes agricultural produce in packages exceeding 25 kilogram or 25 litre, removing the 5% levy on such supplies, and past doubts are regularised.
    Clarification on availability of input tax credit in respect of demo vehicles
    Show AI Summary
    Input tax credit on demo vehicles permitted when used to promote further vehicle sales, subject to capitalization and reversal rules.
    Demo vehicles used by authorised dealers to facilitate trial runs and demonstrate features promote sale of similar motor vehicles and thus qualify as used for the further supply of such motor vehicles, so ITC is not blocked under clause (a) of section 17(5) of the UPGST Act; vehicles used for other purposes or where the dealer is merely an agent do not qualify. Capitalisation does not preclude ITC as such demo vehicles qualify as capital goods, but ITC is subject to section 16(3) disallowance where depreciation on the tax component is claimed and to adjustment on subsequent sale under section 18(6) read with rule 44(6).
    Allocation of quantity 5841 MT of Sugar by EU for export from India under TRQ for the year 2024-25 (October 2024 to September 2025)
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    Tariff rate quota allocation for sugar export to EU affirmed; implementing agency to manage quota and certification requirements.
    Allocation of a specified quantity of sugar for export to the EU under the tariff rate quota (TRQ) for the 2024-25 year is notified. Export of sugar under TRQ is 'Free' subject to the Nature of Restrictions. Certificate of Origin for preferential export shall be issued on recommendation of the implementing agency, which will operate the quota. Applicable reporting and other certification requirements in existing notifications continue to apply.
    Reduction in the timeline for listing of debt securities and Non-convertible Redeemable Preference Shares to T+3 working days from existing T + 6 working days (as an option to issuers for a period of one year and on a permanent basis thereafter such that all listings occur on a T+3 basis)
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    Listing timeline reduction enables faster issuer access to funds and earlier investor liquidity through accelerated public-issue listings.
    Reduction of the listing timeline for public issues of debt securities and non-convertible redeemable preference shares to T+3 working days (optionally for one year, then mandatory) to accelerate issuer access to funds and investor liquidity. During the voluntary year, the refund/unblocking and interest obligations under regulation 37(2) will apply only after T+6 if the issuer fails to meet the chosen T+3 timeline. The T+3 timeline must be disclosed in offer documents and stock exchanges will monitor compliance; an Annexure prescribes the timebound operational steps to achieve listing within the T+3 schedule.

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      Clarification in respect of advertising services provided to foreign clients

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      Advertising services to foreign clients: State tax officers must follow central guidelines for uniform GST implementation.
      Advertising services provided to foreign clients are governed by a State GST clarification promoting uniform implementation of applicable GST provisions. ... Summary

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      ActsIncome Tax