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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 clarifications set rates for specified goods, exclude larger agricultural packages, and regularize past interpretational issues.
Solar cookers operating on solar energy and grid electricity, all sprinklers including fire water sprinklers, and parts of poultry-keeping machinery attract GST at 12%. Agricultural farm produce supplied in packages exceeding 25 kilograms or 25 litres is excluded from "pre-packaged and labelled" and does not attract the 5% GST levy. Past-period classification issues are regularized on an "as is where is" basis. Regularization for specified government distribution supplies requires certification and reversal of relevant input tax credit.
Clarifications regarding applicability of GST on certain services
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GST treatment of railway, insurance, digital-payment and accommodation services clarifies exemptions, subsidy character, retrocession coverage and past-liability regularisation.
GST exemptions and regularisation apply to specified railway services, railway special-purpose-vehicle infrastructure arrangements, statutory collections by the Real Estate Regulatory Authority, qualifying reinsurance and accommodation services. Railway public-facing and inter-zonal services, and specified railway infrastructure and maintenance arrangements, receive exemption with past liability regularised on an "as is where is" basis. Incentives shared in the prescribed digital-payment ecosystem retain the character of subsidy and are not taxable. Reinsurance includes retrocession. Qualifying accommodation services are exempt where prescribed value and continuous-stay conditions are met, with prior liability regularised on the same basis.
Processing of refund applications filed by Canteen Stores Department (CSD)
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Electronic CSD GST refunds require validated supplier invoices, return compliance, input tax credit reversal, and portal-based processing within prescribed timelines.
CSD must file electronic refund claims in FORM GST RFD-10A for fifty per cent of applicable tax paid on eligible inward supplies for subsequent supply to Unit Run Canteens or authorised customers. Eligibility requires registered-supplier tax invoices, supplier reporting in FORM GSTR-1, supplier filing of FORM GSTR-3B, and declarations against duplicate claims. Claims must be filed within two years from the last day of the relevant quarter. Portal validation matches invoices with FORM GSTR-2B, excludes previously refunded invoices, and permits only downward revision of the auto-populated eligible amount. Input tax credit reversal must also be verified.
Mechanism for refund of additional Integrated Tax (IGST) paid on account of upward revision in price of the goods subsequent to exports
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Additional IGST refund claims after export price increases require electronic filing, evidence, tax payment verification, and compliance checks.
Additional Integrated Tax paid with applicable interest following an upward revision in the price of exported goods may be claimed electronically in FORM GST RFD-01 and processed by the exporter's jurisdictional GST officer. Eligibility requires export and invoice records, evidence supporting the price revision, debit notes or supplementary invoices, proof of tax and interest payment, outward-supply reporting, additional foreign-exchange remittance, and professional certification. The proper officer must verify these requirements and also confirm deposit of any proportionate excess refund arising from a downward post-export price revision.
Clarification on various issues pertaining to taxability and valuation of supply of services of providing corporate guarantee between related persons
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Corporate guarantee valuation governs related-party GST based on guarantee amount, term, consideration, and input-tax-credit availability.
Corporate guarantees between related persons were taxable before Rule 28(2), which governs valuation rather than taxability. The service is valued on the guaranteed amount, not actual loan disbursal. Its value is one per cent per annum of the guarantee amount or actual consideration, whichever is higher, with proportionate valuation for shorter terms and separate valuation upon renewal. Domestic guarantees follow forward charge, while guarantees by overseas related entities to Indian recipients follow reverse charge. Full input tax credit permits invoice value to be deemed the value of supply, and Rule 28(2) does not apply to exports.
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 protection suspends recovery of confirmed GST demands pending tribunal operation when taxpayers pay and undertake timely appeal.
Pending operationalisation of the Appellate Tribunal, recovery of the balance confirmed demand stands stayed where a taxpayer pays an amount equal to the prescribed pre-deposit through the electronic liability register and undertakes to file the Tribunal appeal within the applicable timeline. Failure to pay the equivalent pre-deposit, furnish the undertaking, or timely file the appeal permits recovery. Amounts inadvertently paid through FORM GST DRC-03 may, on filing FORM GST DRC-03A, be adjusted against the relevant demand and counted towards appellate pre-deposit, subject to stated conditions.
Clarification of various doubts related to Section 128A of the RGST Act, 2017
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Interest and penalty waiver requires full tax payment, withdrawal of pending challenges, and compliance with residual payment conditions.
Section 128A provides conditional waiver of interest or penalty or both for eligible tax demands for specified financial years, subject to full payment of tax and electronic application in the prescribed SPL forms. The taxpayer must withdraw pending challenges before applying. Full payment includes demands for excluded periods and erroneous refunds within the same order, although waiver is limited to eligible-period demands other than erroneous refunds. Residual liabilities or additional tax determined in departmental proceedings must be paid within the stipulated period, failing which the waiver becomes void.
Clarifying the issues regarding implementation of provisions of sub-section (5) and sub-section (6) in section 16 of RGST Act, 2017
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Input tax credit time-limit relief enables reconsideration and rectification of eligible claims previously denied under section 16(4).
Retrospective section 16(5) and section 16(6) relief permits eligible input tax credit previously denied under section 16(4) to be considered in pending proceedings and specified rectification cases. Orders confirming such denial may be rectified through the special procedure where no appeal has been filed, subject to electronic application, prescribed supporting details, and consideration of other denial grounds. The procedure is limited to credit now available under the retrospective provisions. Tax already paid or credit already reversed is not refundable solely due to the retrospective amendments, except for eligible appeal pre-deposits.
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 regularization: lower GST payments accepted as full discharge; higher-paying taxpayers not refunded.
Regularization on an as is where is basis accepts the tax position declared in taxpayers' returns where competing entries or interpretations produced different GST rates; payments at the lower competing rate or a claimed exemption are treated as full discharge for the period regularized, taxpayers who paid the higher rate receive no refund, and where regularization adopts a higher rate it does not cover non-payers who must have the applicable tax recovered.
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 changes for specified goods clarify applicable rates prospectively and address past-period liability for traders.
Extruded or expanded savoury or salted snack products manufactured by extrusion and classifiable under HS 1905 90 30 attract 12% GST from 10.10.2024 (past periods liable at 18%), while un fried or un cooked extruded snack pellets remain at 5%. Roof Mounted Package Unit air conditioning machines for railways are classified under HS 8415 and attract 28% GST. Two wheeler seats are classifiable under the two wheeler parts heading and attract 28% GST. Car seat assemblies, previously at 18% under HS 9401, are charged 28% from 10.10.2024 prospectively.
Clarifications regarding applicability of GST on certain services.
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GST on affiliation services clarified: university affiliation taxable while DGCA approved pilot training exempt; helicopter seat share taxed.
Affiliation services by universities to colleges are taxable at 18%; affiliation by boards to schools is taxable but exempt for government schools, with GST liabilities for affiliations to all schools regularized on an 'as is where is' basis for the specified prior period. DGCA approved flying training courses with mandated completion certificates are exempt as educational services. Helicopter passenger seat share transport is subject to a lower notified rate and regularized for the prior period while charter operations remain taxable. Ancillary services provided by GTAs in the course of road transport constitute a composite supply of transport of goods.
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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GST regularisation on as is basis clarifies treatment of competing rates, lower payments, nil-rate claims, and refunds.
Clarifies the scope of GST regularisation made on an "as is" or "as is, where is basis" under circulars issued on GST Council recommendations. The clarification states that, for the regularised period, the lower rate paid, including nil rate where an exemption entry was relied upon, is to be treated as full discharge of liability, while higher-rate payments are not refundable. It explains the treatment through examples involving competing rate entries, divergent interpretations, and past period regularisation, and notes that where no tax has been paid in a case not covered by the regularisation, the applicable tax remains recoverable.
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 clarifications for snack products, railway air conditioners, and vehicle seats set prospective rate treatment.
GST rate and classification were clarified for extruded or expanded savoury food products, RMPU air conditioning machines for railways, and seats used in motor vehicles and two-wheelers. Extruded or expanded savoury or salted products falling under HS 1905 90 30 attract GST at 12% prospectively, while un-fried or un-cooked snack pellets continue at 5% and the past period remains taxable at 18%. RMPU air conditioning machines are classifiable under HS 8415. Seats for two-wheelers fall under HS 8714, and car seats under HS 9401, with the revised rate on car seats applying prospectively.
Clarifications regarding applicability of GST on certain services
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GST clarification on affiliation, composite supply, exemptions, and past liability regularisation across multiple service categories.
Clarification is issued on the GST treatment of multiple services, including affiliation services, DGCA-approved flying training courses, helicopter passenger transport, goods transport agency ancillary services, import of services by foreign airline establishments, preferential location charges, electricity utility support services, and film distribution transactions. The circular distinguishes exempt supplies from taxable supplies, treats certain ancillary services as part of composite supply, and regularises GST liability on an as is where is basis for specified past periods.
Standard Operating Procedure (SOP) for organizing entertainment/amusement events/ exhibition/mela etc. in NCT of Delhi and registration of Casual Tax Person (CTP)
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Casual taxable person registration governs event organisers, vendors and venue owners, requiring advance tax compliance and prior event clearance.
Event organisers and participants making taxable supplies in Delhi must obtain GST registration as casual taxable persons if not already registered there, while venue owners must ensure compliance. Casual taxable persons must register at least five days before the event and deposit estimated tax in advance. Organisers must give prior intimation at least fifteen days before the event, obtain a No Objection Certificate, disclose vendor, sponsor and venue information, issue tax invoices where applicable, cooperate with scrutiny, and submit post-event sales, payment and tax details. Exempt events also require prior intimation and an NOC.
Regarding delegation of power to all Zonal InCharge concerned
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Rule 23 powers are delegated to Zonal Incharges for eligible GST cases under amended registration provisions.
Powers under the first proviso to sub-rule (1) of Rule 23 of the Delhi Goods and Services Tax Rules, 2017 are delegated to every concerned Zonal Incharge. The delegation operates for all eligible cases governed by the amended provisions of Section 30(1) of the Delhi Goods and Services Tax Act, 2017, with effect from 1 October 2023.
Clarification of various doubts related to Section 128A of the CGST Act, 2017
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Waiver of interest and penalty: pay full disputed tax by notified date and file prescribed form to seek conditional relief.
Conditional waiver of interest or penalty is available for specified past-period demands if the taxpayer pays the full tax demanded (after permitted deductions for retrospectively restored input tax credit), withdraws related appeals or writs, and files the prescribed electronic application form. The proper officer examines the application, may issue a short-form notice with a hearing opportunity, and must pass an order within prescribed timelines-failure to decide deems approval. Waiver is limited to demand portions covering the specified periods, excludes certain charges (erroneous refund interest/penalty, import customs IGST), and requires payment of additional tax determined on departmental appeals within a short timeframe or the waiver becomes void.
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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Input tax credit extension for specified financial years enables claims subject to prescribed cutoffs and no refunds.
Retrospective extension of the time-limit to claim input tax credit is clarified: sub-section (5) allows ITC for invoices/debit notes pertaining to financial years 2017 18 to 2020 21 in any return filed up to 30 November 2021; sub-section (6) permits ITC where registration cancellation was later revoked subject to prescribed cutoffs. No refund of tax paid or ITC reversed is available under section 150. Administrative guidance requires authorities to apply these provisions across cases, and prescribes a special rectification procedure under Notification No.22/2024 for affected orders.
Corrigendum to Trade Circular No. 30T of 2024 issued by the MGST.
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Pre-deposit refund protection preserved where taxpayer appeals are later decided favorably despite new refund restriction.
The corrigendum clarifies that the refund restriction introduced by the Finance (No. 2) Act, 2024 does not apply to refunds of amounts paid as pre-deposit by a taxpayer when filing appeals under the CGST Act; such pre-deposit refunds shall be available where the relevant appeals are decided in the taxpayer's favour. The CBIC corrigendum is applied mutatis mutandis by the Maharashtra GST administration to implement the same clarification under the MGST Act, 2017, and the circular is stated to be clarificatory with a request to report implementation difficulties.
Regarding E-way bill verification and the release of detained/seized vehicles.
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E-way bill verification procedures require prompt inspection, documented detention, security-based release, and limited penalties for minor clerical errors.
E-way bill verification requires production of prescribed transport documents and permits vehicle interception for document verification or goods inspection. Failure to produce documents or a need for inspection requires forms for statement, inspection order, reporting and physical verification. Detention requires an order and notice specifying tax and penalty, while release may follow payment or a bond with bank-guarantee security. Confiscation proceedings require notice and an opportunity of hearing. Minor clerical e-way bill discrepancies, where material particulars remain correct, do not warrant detention and instead attract the prescribed penalty and weekly reporting.

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Clarification of various doubts related to Section 128A of the RGST Act, 2017

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Interest and penalty waiver requires full tax payment, withdrawal of pending challenges, and compliance with residual payment conditions.
Section 128A provides conditional waiver of interest or penalty or both for eligible tax demands for specified financial years, subject to full payment of ... Summary

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Acts Income Tax