Export policy harmonisation: Chapters 40-98 mapped to 8 digit ITC(HS) codes; comments due 11 Aug; no substantive changes.
DGFT proposes harmonising Chapters 40-98 of Schedule II (Export Policy) by mapping the description based export policy to 8 digit ITC(HS) codes as a concordance without substantive policy change; stakeholders may comment by 11.08.2024 and, subject to comments, the chapters will be re notified. The draft retains existing export statuses (Free/Restricted/Prohibited) and chapter specific policy conditions, including documentary, certification and authorisation requirements for selected items (for example forest products, sawn timber from imported logs, and items produced from animal by products).

Drawback defaulter hearings require exporters to submit remittance evidence and attend, with nonappearance permitting ex parte determination.
Exporters who missed the first hearing in drawback-related proceedings are scheduled for a second personal hearing and may appear personally, through an authorised representative, or by video conferencing. They must file a written reply with foreign remittance and export-proceeds documents, including BRCs. Virtual participants must provide identification and contact details in advance. Exporters may waive the hearing in writing. Absence of representation by the scheduled date may result in an ex parte decision on available records and evidence.

Exemption for university funds from additional FPI disclosure obligations when qualifying AUM allocation and nonprofit status criteria are met.
SEBI exempts University Funds and University related Endowments eligible as Category I FPIs from certain additional disclosure requirements provided they maintain Indian equity AUM below 25% of global AUM, have global AUM above the prescribed threshold, and submit tax filings evidencing non-profit status; eligible jurisdictions will be specified by SEBI via the Standard Operating Procedure, and the amendment takes effect immediately.

Women's participation in international trade: promote representation and gender-responsive infrastructure to enhance inclusion and safety.
Directs stakeholders to ensure female representation in trade facilitation committees, include women-focused agenda items, create dedicated helpdesks and processing mechanisms for women traders and logistics service providers, and provide targeted upskilling. Requires Custodians and Custodian CCSPs at CFS/AFS/ICD under Regulation 5 of the HCCAR, 2009 to adopt gender-responsive infrastructure (lighting, panic buttons), provide creches per the Maternity Benefits Act, constitute Internal Complaints Committees under the Prevention of Sexual Harassment law, conduct gender-sensitization training, and periodically upgrade facilities to foster a safe, inclusive workplace for women.

Verification Unit enquiries: sets when electronic verification can be bypassed and physical checks may be undertaken immediately.
The order specifies three circumstances permitting the Verification Unit to conduct enquiries: non availability of a digital footprint for the assessee or any other person; inability to perform electronic or online verification due to non response to notices; and the need for physical verification of assets, premises or persons regardless of any digital footprint. The instruction directs that these circumstances govern the enquiry and verification functions and that the order takes immediate effect.

Demarcation of SEZ processing areas as non processing areas permitted, conditional on submission of finalized checklist and compliance.
The Board recorded approvals, de notifications, co developer grants and cancellations, and extensions of approvals under the SEZ Rules. Demarcations of processing built up area to non processing area were permitted conditionally, requiring submission and adherence to a finalized checklist issued by the Department of Commerce/Department of Revenue. Co developer approvals were subject to standard SEZ Act and Rules terms and assessment rights for taxation of lease-related income; several de notification recommendations and LoA validity extensions were also made.

IGST refund mechanism for postal exports to be enabled; exporters must submit refund details and register bank accounts.
A mechanism for IGST refund on exports through foreign post offices will require exporters to submit refund details when filing the postal bill; those details will be pushed to ICES after physical export for GSTN verification and scroll preparation, with refunds processed similarly to courier/ECCS. Postal exporters must register bank accounts on ICES/ICEGATE at the master site specified in the Annexure to the 2018 Advisory.

Drawback adjudication for unrealised export proceeds requires remittance evidence and hearing participation, failing which matters may proceed ex parte.
Drawback adjudication proceedings concern alleged non-realisation of export proceeds and recovery of allegedly ineligible drawback with applicable interest and penalty. Noticees must file written replies and foreign-remittance evidence, including bank realisation certificates, and may attend personally, through an authorised representative, or by video conference. Virtual participants must provide identification and contact details in advance. Noticees who do not require a hearing may communicate this in writing. Failure to make representation by the scheduled hearing date may lead to an ex parte decision on available records and evidence.

Valuation of corporate guarantee services clarified: value based on guaranteed amount per annum or actual consideration, with charge and invoicing rules.
Supply of corporate guarantee between related persons is taxable and, from the retrospective effective date, valuation for guarantees issued or renewed on or after that date is the higher of actual consideration and a notional annual charge based on the amount guaranteed (apportioned for shorter periods and multiplied for multi year tenures); domestic intra group guarantees are forward charged with invoicing by the guarantor, foreign guarantors attract reverse charge, co guarantors share valuation proportionately, and invoice value is deemed where full input tax credit is available.

Pre deposit stay on recovery: payment via electronic liability ledger plus undertaking halts recovery until the tribunal functions.
Where taxpayers cannot file appeals to the non operational Appellate Tribunal, they may obtain a stay of recovery by depositing an amount equivalent to the prescribed pre deposit via the Electronic Liability Ledger Part II and submitting an undertaking to the proper officer to file appeal when the Tribunal is constituted; such payment will be mapped to the selected demand and adjusted as pre deposit. Payments made inadvertently through FORM GST DRC 03 may be adjusted as if made against the demand upon filing FORM GST DRC 03A on the portal, and until that functionality exists taxpayers may intimate the proper officer to defer recovery.

Time of supply clarified for deferred spectrum payments: GST due when each instalment is paid or becomes due under reverse charge.
Clarification addresses time of supply for government spectrum allocation where payment is deferred; supply is service by Government with tax payable by recipient on reverse charge. Spectrum use is a continuous supply when provided over more than three months with periodic payments. For reverse charge the time of supply is earlier of payment (as entered in recipient's books or bank debit) or date immediately following sixty days from issue of invoice or document in lieu; where contract specifies payment due dates, invoice must be issued on or before such due dates. GST is payable on upfront payment when due or paid, and on deferred instalments as and when each instalment is due or paid.

Time of supply clarified for HAM contracts: invoice date or payment receipt determines tax liability.
Clarifies that HAM concession contracts are a single continuous supply covering construction and O&M; if invoices are issued on or before the contractually specified date or event completion date, the time of supply is the invoice date or receipt of payment, whichever is earlier. If invoices are not issued by that date, time of supply is the date of provision of service (deemed as contractual due date) or receipt of payment, whichever is earlier. Interest components in installments/annuities are includible in taxable value.

Place of supply for custodial services: treat under default place-of-supply rule, not the banking account-holder rule.
Custodial services provided by banks to FPIs are not services provided to an account holder and therefore do not fall under the banking account-holder place-of-supply rule; instead, their place of supply is to be determined under the default place-of-supply rule, ordinarily being the location of the service recipient where ascertainable, with the supplier location relevant only if recipient location is not ascertainable.

Input tax credit on OFC ducts and manholes recognised as plant and machinery, hence available under GST law.
Ducts and manholes used in optical fiber cable networks are integral to providing telecommunication transmission services and, being neither land, buildings, excluded civil structures, telecommunication towers nor external pipelines, fall within the Explanation's definition of plant and machinery; therefore, availment of input tax credit on such ducts and manholes is not barred by the exclusions to input tax credit.

GST treatment of related party loans: interest only consideration exempt, separate processing fees are taxable services.
Under the CGST Act, supply between related persons is treated as supply, but services of extending loans where consideration is only interest or discount are exempt; therefore loans between related parties charging only interest/discount do not attract GST, whereas any separate processing or administrative fees charged in addition to interest constitute taxable consideration for supply of services and are liable to GST.

Input tax credit availability for insurers on motor-vehicle repair costs follows insurer's approved reimbursement liability and invoicing.
Where garages issue invoices in the insurer's name for approved repair costs under reimbursement-mode claim settlements, the insurer is the recipient to the extent of its approved liability and may claim input tax credit for motor vehicle repair services used in supplying insurance. If invoices include amounts beyond the approved claim cost, ITC is limited to the insurer's reimbursed portion unless separate invoices allocate the approved cost to the insurer. No ITC is available where invoices are not in the insurer's name.

Extended warranty as separate supply: warranty sold separately is taxable as a service and supplier must discharge GST.
Clarification extends prior guidance so that GST and ITC rules for replacement of parts apply equally where goods themselves are replaced under warranty, reading references to 'parts' as 'goods or its parts'. Replenishment by a manufacturer to a distributor, provided without separate consideration via delivery challan after the distributor replaced goods from its stock on the manufacturer's behalf, attracts no GST and requires no reversal of ITC by the manufacturer. Extended warranty supplied by a person different from the goods supplier, or supplied after original supply, is a separate supply treated as a service and taxed accordingly with the extended-warranty supplier responsible for GST.

Salvage ownership determines GST liability: insurer must pay GST when salvage vests with insurer on full settlement.
GST on salvage/wreck value hinges on ownership and the presence of a supply. If the insurer deducts salvage value as a pre agreed deductible under the contract, ownership remains with the insured and the insurer has no GST liability on that salvage. If the insurer pays full IDV without deducting salvage, the salvage vests in the insurer and the insurer must discharge GST on its disposal or sale.

Valuation exclusion in life insurance premiums does not require reversal of input tax credit under GST rules.
The portion of life insurance premium excluded from taxable value under Rule 32(4) is a valuation exclusion and is not a non-taxable or exempt supply; therefore, reversal of input tax credit under Section 17(1)/(2) read with Rules 42 and 43 is not required in respect of that excluded amount.

Taxability of ESOP/ESPP/RSU: cost to cost reimbursements not taxable, but additional fees attract GST on reverse charge.
Transfers of ESOP/ESPP/RSU by a foreign holding company directly to employees of an Indian subsidiary, with the subsidiary reimbursing the market cost on a strict cost to cost basis, are not supplies of goods or services under GST and are not taxable. Any additional fee, markup or commission charged by the foreign holding company constitutes consideration for facilitating services and is taxable as import of services, with GST payable by the domestic subsidiary on reverse charge basis.