Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 Circulars - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
  • Title Only
Law:
---- All Laws----
  • ---- All Laws----
  • Income Tax
  • Central GST Laws
  • SGST - State GST Laws
  • Customs
  • FTP - Foreign Trade Policy
  • SEZ - Special Economic Zone
  • FEMA - Foreign Exchange Management
  • Companies Law
  • SEBI - Securities & Exchange Board of India
  • IBC - Insolvency and Bankruptcy
  • LLP - Limited Liability Partnership
  • Trust and Society
  • PMLA - Money-Laundering
  • Indian Laws
  • Service Tax
  • Central Excise
  • DVAT - Delhi Value Added Tax
  • Reserve Bank of India
Year: ?
Publishing Year
---- All Years ----
  • ---- All Years ----
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
  • 2006
  • 2005
  • 2004
  • 2003
  • 2002
  • 2001
  • 2000
  • 1999
  • 1998
  • 1997
  • 1996
  • 1995
  • 1994
  • 1993
  • 1992
  • 1991
  • 1990
  • 1989
  • 1988
  • 1987
  • 1986
  • 1985
  • 1984
  • 1983
  • 1982
  • 1981
  • 1980
  • 1979
  • 1978
  • 1977
  • 1976
  • 1975
  • 1974
  • 1973
  • 1972
  • 1971
  • 1970
  • 1969
  • 1968
  • 1967
  • 1966
  • 1965
  • 1964
  • 1963
  • 1962
  • 1961
  • 1960
  • 1959
  • 1958
  • 1957
  • 1956
  • 1955
  • 1954
  • 1953
  • 1952
  • 1951
  • 1950
  • 1949
  • 1948
  • 1947
  • 1946
  • 1945
  • 1944
  • 1943
  • 1942
  • 1941
  • 1940
  • 1939
  • 1938
  • 1937
  • 1936
  • 1935
From Date:
To Date:
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 53rd meeting held on 22nd June, 2024...
    Clarifications regarding applicability of GST on certain services
    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
    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
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Circulars
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
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 confirm applicable rates on specified goods and regularise past-period issues subject to conditions.
Clarification under section 168(1) classifies dual-energy solar cookers under heading 8516 and confirms the applicable rate; treats all sprinklers, including fire water sprinklers, as falling within the sprinkler entry and applicable rate with past-period regularisation; amends the tariff entry to explicitly include parts of poultry-keeping machinery with the applicable rate and past-period regularisation; narrows the scope of "pre-packaged and labelled" to exclude agricultural farm produce in packages over twenty-five kilogram or litre so such supply will not attract the specified levy, with past-period regularisation; and regularises past supplies of pulses and cereals made to or by government-engaged agencies under approved programmes subject to a Deputy Secretary certificate and reversal or disallowance of input tax credit.
Clarifications regarding applicability of GST on certain services
Show AI Summary
GST exemption scope clarified for railways, SPVs, RERA, digital payment incentives, reinsurance and certain accommodation services.
GST applicability clarified across several service categories: Ministry of Railways supplies to the public and inter division supplies are exempted with past liabilities regularised; SPV supplies permitting use of SPV infrastructure and reciprocal maintenance services are exempted with past period regularisation; statutory collections by RERA are covered by the governmental authority exemption; incentive shares under the RuPay/UPI scheme distributed as decided by NPCI are treated as subsidy and not taxable; reinsurance (including retrocession) of specified exempt and government funded schemes is regularised for past periods; specified accommodation services meeting value and duration criteria are exempted with retrospective regularisation.
Clarification on time of supply of services of spectrum usage and other similar services under GST.
Show AI Summary
Continuous supply of spectrum usage attracts reverse-charge GST when upfront payment or each deferred instalment becomes due or is paid.
Spectrum allocation involving an instalment option is a continuous supply of services, with GST payable by the telecom operator under reverse charge. The Frequency Assignment Letter is a bid-acceptance and allocation instrument, not an invoice-equivalent document for applying the sixty-day reverse-charge rule. GST on upfront payment is payable when payment is made or becomes due, whichever is earlier; for deferred payments, GST is payable when each instalment is due or paid, whichever is earlier. This treatment also applies to similar government allocations of natural-resource usage rights.
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
Continuous supply of services under hybrid annuity road contracts determines tax timing and includes interest in taxable value.
Hybrid Annuity Model road construction and operation-and-maintenance obligations constitute a single continuous supply of services and cannot be split merely because payments are staggered. If an invoice is issued by the contractual specified date or event-completion date, tax liability arises on the earlier of invoice issuance or payment receipt. If not, liability arises on the earlier of the contractual payment due date, treated as the service-provision date, or payment receipt. Interest included in annuity or instalment payments is includible in taxable value.
Clarification on place of supply applicable for custodial services provided by banks to Foreign Portfolio Investors
Show AI Summary
Custodial services to foreign portfolio investors follow the default place-of-supply rule, not deposit account holder treatment.
Place of supply for custodial services supplied by banks or financial institutions to Foreign Portfolio Investors is determined under the default rule in section 13(2) of the Integrated Goods and Services Tax Act, 2017. Such services are not supplied to an account holder for section 13(8)(a), which concerns holders of interest-bearing deposit accounts. Custodial functions, including safekeeping securities, maintaining securities accounts and records, collecting benefits, and communicating issuer actions, are distinct from ordinary banking services to deposit account holders. The recipient's location applies where ascertainable; otherwise, the supplier's location applies.
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.
Show AI Summary
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.
Show AI Summary
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
Show AI Summary
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.

Circulars

Back

All Circulars

Showing Results for :
Reset Filters
No Records Found

Circulars

Back

All Circulars

whatsapp Join Channel
Showing Results for : Reset Filters

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.

Contents
Summary
Note

Note

-

Bookmark

Print

Print

Continuous supply of services under hybrid annuity road contracts determines tax timing and includes interest in taxable value.
Hybrid Annuity Model road construction and operation-and-maintenance obligations constitute a single continuous supply of services and cannot be split ... Summary

Topics

Acts Income Tax