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    Clarification on availability of input tax credit on ducts and manholes used in network of optical fiber cables (OFCs) in terms of section 17(5) of th...
    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 Cir...
    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 GGST Act, 2017 by the suppliers.
    Clarification on time limit under Section 16(4) of GGST 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...
    Recognition of BSE Limited as Research Analyst Administration and Supervisory Body (RAASB) and Investment Adviser Administration and Supervisory Body ...
    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 TNGST Act, 2017 by the suppliers
    Clarification on time limit under Section 16(4) of TNGST 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
    Clarifications on various issues pertaining to special procedure for the manufacturers of the specified commodities as per Tamilnadu Government Notifi...
    Reduction of Government Litigation - fixing monetary limits for filing appeals or applications by the Department before GSTAT, High Courts and Supreme...
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Circulars
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Clarification on availability of input tax credit on ducts and manholes used in network of optical fiber cables (OFCs) in terms of section 17(5) of the GGST Act, 2017.
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Input tax credit on optical fiber network ducts and manholes remains available as plant and machinery for telecommunication services.
Input tax credit on ducts and manholes forming part of an optical fiber cable network used to provide telecommunication services is not restricted under the blocked-credit provisions concerning works contract services or construction of immovable property. These components are integral to transmitting telecommunication signals and fall within plant and machinery because they are used for making outward supplies. They are not excluded as land, buildings, civil structures, telecommunication towers or pipelines laid outside factory premises.
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
Related-party loan processing remains outside GST when consideration is only interest or discount, while separate fees are taxable.
GST exemption applies to loans, credit or advances where consideration is solely interest or discount, other than interest in credit card services. No separate processing, facilitation or administration service is deemed in loans between an overseas affiliate and its Indian affiliate, or between related persons, merely because no fee other than interest or discount is charged; open market value cannot be used to levy GST on such deemed service. Processing, administrative, service or loan-granting fees charged in addition to interest or discount are taxable consideration for loan-related services.
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.
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Motor repair ITC allows insurers credit for reimbursed approved repair costs when invoices are issued in their name.
ITC is available to motor insurers for repair services settled through reimbursement where the garage invoice is issued in the insurer's name. The insurer is the recipient to the extent of its approved repair liability, notwithstanding that the insured initially pays the garage. Where repair charges exceed the approved claim cost, credit is limited to the amount reimbursed by the insurer; separate invoicing permits credit on the invoice issued to the insurer. No ITC is available if the repair 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. 195/07/2023-GST dated 08.08.2023
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Extended warranty taxation treats separately supplied or post-sale coverage as services, while warranty stock replenishment remains non-taxable.
Warranty replacement treatment applies to replacement of entire goods as well as parts. Where a distributor replaces goods or parts from its own stock on behalf of a manufacturer and receives replenishment without separate consideration, no GST is payable on replenishment and the manufacturer need not reverse input tax credit. Extended warranty supplied by a person different from the goods supplier is a separate supply of services. Extended warranty supplied after the original sale is also a distinct taxable supply of services.
Clarification on taxability of salvage/wreck value earmarked in the claim assessment of the damage caused to the motor vehicle.
Show AI Summary
Motor-vehicle salvage ownership determines whether insurers incur GST liability when damaged vehicle wreckage is subsequently sold.
GST treatment of motor-vehicle salvage depends on contractual ownership after claim settlement. Where the insurer deducts agreed salvage value from a total-loss claim, salvage remains with the insured; the deduction is a contractual deductible, not consideration for a supply by the insurer, and no GST liability arises for the insurer. Where the insurer settles the claim for the full declared vehicle value without a salvage deduction, salvage becomes the insurer's property. The insurer must discharge outward GST on its subsequent sale or supply of that salvage.
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 is not required where life insurance premium is excluded from taxable value under prescribed valuation rules.
Input tax credit reversal is not required for the portion of premium excluded from taxable value under rule 32(4) of the Gujarat GST Rules for taxable life insurance policies. Premium allocated towards investment or savings is excluded under the prescribed valuation mechanism, but this exclusion does not make that amount an exempt or non-taxable supply. Since life insurance service remains taxable and is neither nil-rated nor wholly exempt, the input tax credit restrictions applicable to exempt supplies do not apply to the excluded premium portion.
Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company.
Show AI Summary
ESOP reimbursement taxability excludes cost-to-cost share recoveries, but additional facilitation charges attract GST under reverse charge.
GST does not apply where an overseas holding company directly issues ESOPs, ESPPs or RSUs to employees of its domestic subsidiary and the subsidiary reimburses only the cost of the securities on a cost-to-cost basis. Securities are neither goods nor services, and employee compensation under an employment arrangement is outside supply. However, any additional fee, markup, commission or similar recovery above the securities cost is consideration for facilitating or arranging the transaction. GST applies to that additional amount under reverse charge as an import of services by the domestic subsidiary.
Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the GGST Act, 2017 by the suppliers.
Show AI Summary
Post-supply discount compliance requires evidence of recipient input tax credit reversal before tax credit note discounts reduce taxable value.
Post-supply discounts granted through tax credit notes may be excluded from taxable value only when the recipient reverses input tax credit attributable to the discount, in addition to the requirements of a pre-supply agreement and invoice linkage. Pending portal-based verification, suppliers may obtain a CA/CMA certificate, or a recipient undertaking or certificate where the aggregate tax involved is within the prescribed threshold. These records must identify relevant credit notes, invoices, and reversal details, and are admissible evidence in scrutiny, audit, investigation, and other proceedings, including for prior periods.
Clarification on time limit under Section 16(4) of GGST Act, 2017 in respect of RCM supplies received from unregistered persons.
Show AI Summary
Reverse-charge self-invoicing determines the input tax credit limitation year for supplies received from unregistered persons.
For reverse-charge supplies received from unregistered persons, the relevant financial year for the input tax credit limitation period is the year in which the registered recipient issues the required self-invoice, not the year of receipt of supply. The recipient must issue the invoice and pay reverse-charge tax in cash. Credit is available on the prescribed tax-paying document, subject to tax payment and applicable input tax credit conditions and restrictions. Delayed self-invoicing and tax payment require payment of interest, and delayed issuance may attract penal action.
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
Related-party imported services: full input tax credit permits self-invoiced or nil declared value to be treated as open market value.
Imported services received by an Indian registered person from a related foreign person are subject to reverse charge, with self-invoicing by the Indian recipient. Where the recipient is eligible for full input tax credit, the value declared in the self-invoice is deemed to be the open market value for supplies between related persons. If no invoice is issued for a service received from the foreign affiliate, its value may be regarded as nil and treated as the open market value, subject to full input tax credit eligibility.
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 recipients follows the invoiced delivery address when billing and delivery addresses differ.
Place of supply for goods supplied to an unregistered person is the recipient's address recorded on the invoice, or the supplier's location where no recipient address is recorded. Recording the recipient's State name is deemed to be recording an address. Where billing and delivery addresses differ, including e-commerce supplies, the delivery address recorded on the invoice determines the place of supply. The supplier may record the delivery address as the recipient's address for this purpose.
Clarifications on various issues pertaining to special procedure for the manufacturers of the specified commodities as per Notification No. 04/2024 - State Tax dated 05.03.2024
Show AI Summary
Packing-machine compliance requires final-packing details, certified electricity ratings where needed, and principal manufacturer responsibility for unregistered job workers.
The special procedure requires manufacturers to report final-packing machine details in FORM GST SRM-I. Make and model are optional, but machine number is mandatory and may be self-assigned where unavailable. Electricity-consumption rating may be certified by a practicing Chartered Engineer where machine records do not provide it. The procedure excludes Special Economic Zone units and specified manual packing operations. It applies to job workers and contract manufacturers, while the principal manufacturer bears compliance responsibility for an unregistered job worker or contract manufacturer.
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 thresholds for departmental GST appeals reduce litigation while preserving merits review and exceptions for recurring legal issues.
Departmental GST appeals, applications and special leave petitions are subject to prescribed monetary thresholds, while every proposed appeal must also be considered on merits. The disputed amount is determined according to whether the dispute concerns tax, interest, penalty, late fee or erroneous refund; composite orders are assessed on the aggregate disputed amount. Thresholds do not apply to constitutional or statutory validity issues, valuation, classification, refunds, place of supply, recurring or interpretative issues, adverse strictures or costs, and matters requiring contest in the interest of justice or revenue. Non-filing solely on monetary grounds creates no precedent or departmental acquiescence.
Recognition of BSE Limited as Research Analyst Administration and Supervisory Body (RAASB) and Investment Adviser Administration and Supervisory Body (IAASB)
Show AI Summary
Recognition of RAASB and IAASB enables BSE to administer RA/IA registration and impose administrative fees while ensuring fee neutrality.
BSE Limited is recognised as RAASB and IAASB for five years from July 25, 2024, and must adopt bye-laws, SOPs and guidance to supervise Research Analysts and Investment Advisers. Applicants for registration or renewal will pay administrative fees specified by RAASB/IAASB; SEBI's amended RA fee schedule takes effect from July 25, 2024, and total fees payable to SEBI and RAASB/IAASB will remain fee-neutral. Applications filed before July 25, 2024 will follow the previous SEBI fee structure, and other terms of SEBI's May 2, 2024 circular continue to apply.
Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company
Show AI Summary
ESOP share reimbursements at cost avoid GST, while foreign holding company markups attract reverse-charge tax liability.
Cost-to-cost reimbursement by a domestic subsidiary to its overseas holding company for ESOP, ESPP or RSU shares issued directly to employees is not an import of services and is outside GST, since securities are neither goods nor services. Stock-based benefits forming part of employment remuneration are likewise outside supply. However, any additional fee, markup or commission charged by the holding company is consideration for facilitation or arrangement services and attracts GST under reverse charge in the hands of the domestic subsidiary.
Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the TNGST Act, 2017 by the suppliers
Show AI Summary
Post-supply discount tax credit notes require verifiable recipient input tax credit reversal before taxable value may be reduced.
Post-supply discounts through tax credit notes may be excluded from taxable value only where the discount was pre-agreed, linked to relevant invoices, and the recipient reverses attributable input tax credit. Pending portal-based verification, suppliers may obtain a Chartered Accountant or Cost Accountant certificate confirming reversal, with credit note, invoice, reversal amount, and supporting return or payment-document details. For discounts within the specified annual tax threshold, a recipient undertaking or certificate may be used. These records are admissible evidence in compliance proceedings, including for past periods.
Clarification on time limit under Section 16(4) of TNGST Act, 2017 in respect of RCM supplies received from unregistered persons
Show AI Summary
Reverse-charge input tax credit timing follows the recipient-issued invoice year, subject to tax payment, interest, and statutory conditions.
For reverse-charge supplies received from unregistered persons, the relevant financial year for the input tax credit limitation is the year in which the registered recipient issues the self-invoice. The recipient must issue the invoice, pay reverse-charge tax in cash, and possess the prescribed tax-paying document before availing credit. Credit is subject to the applicable section 16(4) deadline, payment of tax, and other input tax credit conditions and restrictions. Delayed invoice issuance or tax payment may attract interest and penal action.
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
Full input tax credit permits nil deemed valuation for related-party imported services under reverse charge.
For imported services supplied by a foreign affiliate to a related domestic entity eligible for full input tax credit, the value declared by the domestic recipient in its invoice may be deemed to be the open market value. Where no invoice is issued by the domestic recipient for a service received from the foreign affiliate and full input tax credit is available, the value may be treated as declared at nil and deemed to be the open market value.
Clarifications on various issues pertaining to special procedure for the manufacturers of the specified commodities as per Tamilnadu Government Notification No. II(2)/CTR/17(c-3)/2024 dated 09.01.2024
Show AI Summary
Special procedure for specified-commodity manufacturers clarifies machine disclosures, engineer certification, exclusions, and compliance by job workers and principals.
FORM GST SRM-I requires specified-commodity manufacturers to report packing-machine details, with optional make and model information but a mandatory machine number. Where electricity-consumption rating is unavailable from machine specifications or records, it may be calculated and certified by an eligible practicing Chartered Engineer, and the certificate must be uploaded with the form. The procedure excludes Special Economic Zone units and manual packing operations. It applies to all persons involved in job work or contract manufacturing; where such manufacturer is unregistered, the principal manufacturer bears compliance responsibility.
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 thresholds for departmental GST appeals require merit-based review while preserving challenges in excluded and recurring matters.
Departmental GST appeals are subject to monetary thresholds before the GST Appellate Tribunal, High Court and Supreme Court, but filing remains contingent on the merits of each case. The disputed amount is determined according to whether tax, interest, penalty, late fee or refund is in issue, with aggregation applying in composite orders. Thresholds do not apply to constitutional or statutory-validity issues, recurring interpretive disputes, adverse strictures or costs, and cases requiring contest in the interests of justice or revenue. Non-filing solely on monetary grounds creates neither precedent nor departmental acquiescence.

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Clarification on availability of input tax credit on ducts and manholes used in network of optical fiber cables (OFCs) in terms of section 17(5) of the GGST Act, 2017.

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Input tax credit on optical fiber network ducts and manholes remains available as plant and machinery for telecommunication services.
Input tax credit on ducts and manholes forming part of an optical fiber cable network used to provide telecommunication services is not restricted under ... Summary

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Acts Income Tax