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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 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 regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 53rd meeting held on 22nd June, 2024...
    Processing of refund applications filed by Canteen Stores Department (CSD)
    Mechanism for refund of additional Integrated Tax (IGST) paid on account of upward revision in price of the goods subsequent to exports
    Clarification on various issues pertaining to taxability and valuation of supply of services of providing corporate guarantee between related persons.
    Guidelines for recovery of outstanding dues, in cases wherein first appeal has been disposed of, till Appellate Tribunal comes into operation
    Processing of refund applications filed by Canteen Stores Department (CSD)
    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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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 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 clarification: specified goods' applicable rates confirmed and past-period doubts regularized on an as-is-where-is basis.
Clarifications address classification and GST rates for specified goods and regularisation of past-period doubts. Solar cookers using solar and grid power are classified under the relevant machinery heading and attract the prescribed rate. All sprinklers, including fire water sprinklers, attract the prescribed rate and past-period issues are regularized on an as-is-where-is basis. Parts of poultry keeping machinery are explicitly included in the rate schedule and regularized retrospectively. The definition of pre-packaged and labelled excludes agricultural produce in packages over twenty-five kilogram or litre, altering levy applicability, with past-period regularisation. Supplies to or by government agencies for approved subsidy programmes are regularized subject to certification and Input Tax Credit reversal conditions.
Processing of refund applications filed by Canteen Stores Department (CSD)
Show AI Summary
Refund entitlement for CSD on inward supplies allowed via new electronic procedure with eligibility and validation requirements specified.
CSDs may file refund claims electronically in FORM GST RFD-10A for fifty per cent of tax paid on inward supplies received for subsequent supply to Unit Run Canteens or authorized customers; claims must be filed quarterly (or clubbed), supported by supplier- and CSD-GSTIN-bearing invoices, an undertaking and declaration, and are permissible only where suppliers have reported the invoices in GSTR-1 and filed GSTR-3B. Proper officers will validate GSTINs and returns, match invoices with portal records (including GSTR-2B), restrict sanctioned refunds to 50% of applicable taxes with portal auto-population (editable downward only), verify ITC reversal where applicable, and issue orders in FORM GST RFD-06.
Mechanism for refund of additional Integrated Tax (IGST) paid on account of upward revision in price of the goods subsequent to exports
Show AI Summary
Refund of additional IGST for post-export price revisions allowed via FORM GST RFD-01, processed by the jurisdictional GST officer.
Procedure for refund of additional IGST paid on account of upward revision in export prices: exporters may file FORM GST RFD-01 electronically for refund processed by the jurisdictional GST officer under rule 89, uploading Statements 9A and 9B and documentary evidence including shipping bills, invoices and proof of payment and foreign exchange remittance; GSTN will provide validated shipping bill and customs refund data to assist verification and the proper officer will scrutinize reporting in outward supplies and GSTR-3B before issuing refund sanction and payment orders.
Clarification on various issues pertaining to taxability and valuation of supply of services of providing corporate guarantee between related persons.
Show AI Summary
Valuation of corporate guarantee: annual deemed value or actual consideration governs GST liability on issuance and renewals.
For guarantees issued or renewed on or after the amendment, valuation of the service of providing a corporate guarantee to a banking company or financial institution for a related recipient is the higher of actual consideration and a deemed annual benchmark based on the amount guaranteed multiplied by the number of years the guarantee covers; proportionate valuation applies for periods shorter than a year, and tax is payable on issuance and on each renewal. The value is determined by the amount guaranteed irrespective of actual loan disbursal, and where full input tax credit is available the invoice value is deemed the value of supply.
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: payment via electronic liability ledger or DRC 03A with undertaking suspends recovery until tribunal operates.
Where the first appellate authority has confirmed a demand but the Appellate Tribunal is not yet constituted, taxpayers who intend to appeal may secure a stay on recovery of the remaining confirmed demand by paying an amount equal to the required pre-deposit via the Electronic Liability Ledger (Services Ledgers Payment towards demand) and by submitting an undertaking to the proper officer to file the appeal before the Tribunal when it becomes operative. Payments inadvertently made through FORM GST DRC 03 can be regularised by filing FORM GST DRC 03A on the portal, allowing such payments to be adjusted as pre-deposit; until FORM GST DRC 03A is available, taxpayers may notify proper officers to defer recovery.
Processing of refund applications filed by Canteen Stores Department (CSD)
Show AI Summary
CSD refund entitlement: electronic filing with FORM RFD-10A, invoice validation and partial tax refund cap enforced.
CSDs must file refund claims electronically in FORM GST RFD-10A on the common portal, applying quarterly (with an option to club quarters/FYs). Refunds are admissible only for inward supplies received from registered suppliers who have furnished GSTR-1 and filed GSTR-3B; invoices must show supplier GSTIN and CSD GSTIN and be accompanied by an undertaking and declaration. The proper officer will validate invoices against GSTR-2B/GSTR-1/GSTR-3B, exclude already-refunded invoices, ensure a partial tax refund cap, verify ITC reversals, and issue orders in FORM GST RFD-06 with a speaking order.
Mechanism for refund of additional Integrated Tax (IGST) paid on account of upward revision in price of the goods subsequent to exports
Show AI Summary
IGST refund mechanism for post-export price increases: exporters file FORM GST RFD-01; jurisdictional GST officers process claims.
Refunds of additional IGST paid due to upward post-export price revisions are claimable by exporters via FORM GST RFD-01 filed electronically; jurisdictional GST officers will process such claims under rule 89 using GSTN-provided shipping bill and IGST data. Claims require specified documentary proof-shipping bills, original and revised invoices or debit notes, contract evidence, proof of additional IGST and interest payment, foreign exchange remittance (FIRC) and a practising accountant's certificate-and the officer must verify reporting in FORM GSTR-1 and FORM GSTR-3B before issuing a speaking sanction and payment order.

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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 ... Summary

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Acts Income Tax