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Circulars
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Guidelines for Arrest and Bail in relation to Offences Punishable Under The CGST Act, 2017
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Grounds of arrest must be provided in writing to the arrested person enabling defence and bail consideration.
The grounds of arrest must be explained to the arrested person and furnished to him in writing as an Annexure to the Arrest Memo, and acknowledgement of the same should be taken from the arrested person at the time of service of the Arrest Memo.
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 an as-is basis accepts lower or nil past tax positions but excludes refunds.
GST regularisation on an "as is" or "as is, where is" basis treats a taxable person's declared lower-rate or eligible nil-rate position as full discharge of tax liability for the specified past period. Where competing rates or genuine exemption doubts led to divergent tax treatment, no differential tax is recoverable from persons who paid the lower rate or declared an eligible exempt supply. Suppliers who paid tax at a higher rate are not entitled to refund. Regularisation does not extend to non-payment where the issue involved competing positive tax rates.
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 aligns rates for savoury snacks, railway air conditioners, and vehicle seats, with specified prospective changes.
Extruded or expanded savoury or salted products, other than unfried or uncooked extruded snack pellets, attract GST at 12% from 10 October 2024, while prior supplies remain taxable at 18%; unfried or uncooked snack pellets continue at 5%. Railway Roof Mounted Package Unit air-conditioning machines fall under HS 8415 and attract GST at 28%. Four-wheeler seats fall under HS 9401 and two-wheeler seats under HS 8714. Car seats attract GST at 28% prospectively from 10 October 2024.
Clarifications regarding applicability of GST on certain services
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GST service clarifications define taxability, exemptions, composite supplies, and past-period regularisation across education, aviation, transport, utilities, and film distribution.
University affiliation services to constituent colleges are taxable at 18% because they concern institutional eligibility oversight rather than admission or examination services. School affiliation services are taxable, subject to exemption for services supplied to government schools from 10 October 2024, while prior-period payment is regularised on an as is where is basis. DGCA-approved flying training courses meeting prescribed approval and completion-certificate requirements are exempt. Ancillary services supplied by a Goods Transport Agency during road transport are composite supplies of goods transport despite separate invoicing, unless not supplied in the course of transportation.
Clarification on availability of input tax credit in respect of demo vehicles
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Input tax credit on demo vehicles remains available when they promote dealers' own further supply of similar motor vehicles.
Input tax credit on demo vehicles is available where authorised dealers use them for test drives and demonstrations that promote their own further supply of similar motor vehicles. Credit is unavailable where vehicles are used for staff or management transport, or where a dealer merely provides marketing or facilitation services for a manufacturer without selling vehicles on its own account. Capitalisation does not affect otherwise eligible credit, but credit is barred where depreciation is claimed on the tax component. Subsequent sale of a capitalised demo vehicle attracts the required amount or tax.
Clarification on various issues pertaining to GST treatment of vouchers
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GST treatment of vouchers follows a centrally clarified framework adapted for uniform implementation under the relevant GST law.
GST treatment of vouchers in Goa is to be implemented consistently with the central GST clarification addressing various issues concerning vouchers. The clarification applies mutatis mutandis under the Goa Goods and Services Tax Act, 2017, with changes necessary for the State GST framework. It is intended to secure uniform implementation of voucher-related GST treatment, and implementation difficulties may be brought to the Commissioner of State Taxes.
Clarification on place of supply of Online Services supplied by the suppliers of services to unregistered recipients
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Place of supply for online services to unregistered recipients adopts central GST clarification for corresponding state-law implementation.
To secure uniform implementation of the Goa Goods and Services Tax Act, 2017, the Commissioner of State Taxes directs that the central clarification on place of supply of online services supplied to unregistered recipients apply mutatis mutandis. The central position is to be followed with necessary adaptations in administering the State GST framework, and implementation difficulties may be brought to the Commissioner's notice.
Clarification on Availability of Input Tax Credit for Goods Delivered at Supplier’s Place of Business under Ex-Works Contracts
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Input tax credit on ex-works supplies is subject to uniform application of the receipt-of-goods requirement in Goa.
Input tax credit for goods delivered at the supplier's place of business under ex-works contracts is to be implemented in Goa in accordance with the corresponding central GST clarification. The clarification concerns the requirement of receipt of goods for claiming input tax credit under Section 16(2)(b) of the CGST framework. Uniform application is directed under the Goa GST Act by extending the central clarification mutatis mutandis.
Notification of State GST Rates on Intra-State Supplies of Goods
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Input tax credit for electronic commerce operators follows the clarification for platform-supplied services subject to operator tax liability.
Goa Goods and Services Tax administration applies, mutatis mutandis, the Central clarification on input tax credit availed by electronic commerce operators for services supplied through their platforms where tax liability rests on the operator under section 9(5) of the Central Goods and Services Tax Act, 2017. The direction seeks uniform implementation under the Goa Goods and Services Tax Act, 2017.
Clarification in respect of input tax credit availed by electronic commerce operators where services specified under Section 9(5) of Central Goods and Services Tax Act, 2017 are supplied through their platform
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Input tax credit restriction: ECOs liable under section 9(5) must not use ITC to pay tax, must pay in cash.
ECOs liable to pay tax on specified services under section 9(5) are not required to reverse input tax credit on inputs and input services proportionately; nonetheless the entire tax liability for such supplies must be discharged only through the electronic cash ledger and ITC attributable to inputs and input services used to facilitate those supplies cannot be utilised to pay that tax, although such credit may be used to discharge tax on supplies made by the ECO on its own account.
Procedure for seeking waiver or reduction of interest in respect of recovery proceedings initiated for failure to pay penalty.
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Interest waiver: procedure for recovery proceedings-eligibility, exclusions, required documentation, and decision within specified timeline post-demand.
Applications for waiver or reduction of interest in recovery proceedings must be filed to the Recovery Officer with proof meeting the three Section 220(2A) conditions (hardship, circumstances beyond control, cooperation). Relief applies only for periods after service of the demand notice and only where the principal amount is fully paid. The Board has delegated decision-making to a Panel of Executive Directors for smaller interest amounts and to a Panel of Whole-time Members otherwise; specified exclusions apply and incomplete or ineligible applications are to be returned. Applicants must be heard and the Competent Authority must decide within twelve months of receipt of a complete application.
Revise and Revamp Nomination Facilities in the Indian Securities Market
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Nomination facilities in securities accounts are streamlined with stricter verification, simplified transmission, and clearer nominee rights.
Nomination facilities for demat accounts and mutual fund folios are revised to standardise transmission rules, strengthen identity verification, and reduce unclaimed assets in the securities market. The framework reiterates survivorship, simultaneous death, HUF transmission, nominee status as trustee for legal heirs, pro rata distribution among surviving nominees, and creditor discharge before transmission. It also prescribes online and physical nomination safeguards, mandatory nominee identifiers, optional nominee KYC during the investor's lifetime, and a limited-document transmission process that excludes affidavits, indemnities, undertakings, attestation, or notarisation.
Mandatory filing of arrival, departure and local manifests in accordance with SCMTR formats
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Mandatory sea cargo manifest filing in SCMTR formats standardizes arrival, departure and local manifests nationwide, requiring traders to conform.
Mandatory filing of arrival, departure and local manifests is required in the specified electronic formats under the Sea Cargo Manifest and Transshipment Regulations (SCMTR), with all sea ports and ICDs nationwide moving to SCMTR compliant message formats. The notice requires stakeholders to adopt SCMTR formats for SAM, SDM, local ICD manifests and related amendment and transshipment messages, urges consultation of Message Implementation Guidelines and advisories on ICEGATE, recommends test filings, and identifies a contact point for implementation difficulties.
Mandatory Use of eBKray Auction Platform for Liquidation Processes
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Mandatory use of eBKray platform required for liquidation auctions, with exclusive listing of unsold assets and deadline compliance.
Mandates insolvency professionals to use the eBKray auction platform exclusively for conducting liquidation auctions and to complete listing of all unsold assets in ongoing liquidation cases by the specified deadline, as an operational escalation of earlier directions to streamline liquidation and improve transparency, issued under the powers conferred by the insolvency law.
Extension of time for filing Forms to monitor liquidation and voluntary liquidation processes under the Insolvency and Bankruptcy Code, 2016, and the regulations made thereunder.
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Extension of filing deadline for liquidation monitoring forms grants more time but requires accurate, supported submissions.
The Board extends the final filing date for liquidation and voluntary liquidation monitoring forms in response to representations about technical difficulties and provides FAQs and a support email for assistance. Insolvency professionals must ensure submitted information is accurate, truthful and consistent with supporting documents; errors like entering zero values are prohibited. The circular is issued under section 196(1) of the Insolvency and Bankruptcy Code, 2016.
Corrigendum to Circular No. 30/2024-25-GST dated 1st November, 2024
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Mutatis mutandis application of central GST corrigendum ensures uniform implementation within the State GST framework.
Uniform implementation under the Goa Goods and Services Tax framework is secured by extending, mutatis mutandis, the central corrigendum connected with the earlier GST clarification. The corrigendum applies for implementation of the Goa GST Act, subject to necessary contextual adaptations, to ensure consistent administration.
Clarification on various issues pertaining to GST treatment of vouchers
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Voucher transactions not treated as supply; trading exempt while agent commissions and ancillary services remain taxable.
Transactions in vouchers are not a supply of goods or services: RBI recognised pre paid instruments qualify as money and are excluded; non RBI vouchers are actionable claims (not specified actionable claims) and fall under Schedule III, hence not supplies. Under principal to principal distribution, trading in vouchers is not leviable to GST; under agency/commission models, agents' commission is taxable as supply of services. Ancillary services provided to voucher issuers are taxable, while unredeemed vouchers (breakage) do not constitute consideration for any supply and are not taxable.
Clarification on place of supply of Online Services supplied by the suppliers of services to unregistered recipients.
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Place of supply rules: online service suppliers must record recipient state, making recipient location the place of supply.
Suppliers of online or digital services to unregistered recipients must record the name of the State of the recipient on the tax invoice irrespective of value; that State name is deemed the address on record for determining place of supply under section 12(2)(b) of the IGST Act, making the place of supply the recipient's location. This applies to supplies by suppliers using their own digital platform, supplies by or through electronic commerce operators, OIDAR services and online money gaming. Suppliers must collect such State details before supply, report the recipient location in FORM GSTR-1/1A, and non-compliance may attract penalties under section 122(3)(e) of the WBGST Act.
Clarification on availability of input tax credit as per clause (b) of sub-section (2) of section 16 of the West Bengal Goods and Services Tax Act, 2017 in respect of goods which have been delivered by the supplier at his place of business under Ex-Works Contract.
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Deemed receipt of goods under GST permits claiming input tax credit when supplier hands goods to transporter on recipient's direction.
The circular explains that under clause (b) of sub section (2) of section 16, goods delivered by the supplier to a transporter at the supplier's premises on the direction of the recipient are deemed to have been received; accordingly, for EXW contracts where property passes at the supplier's factory gate, the recipient may claim input tax credit upon such handing over, subject to other conditions in sections 16 and 17 and exclusion where goods are diverted or disposed for non business purposes.
Clarification in respect of input tax credit availed by electronic commerce operators where services specified under Section 9(5) of the West Bengal Goods and Services Tax Act, 2017 are supplied through their platforms.
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Input tax credit: ECOs must pay notified platform service tax from cash ledger and cannot use ITC for that liability.
ECOs liable to pay tax as supplier for notified platform services are not required to reverse ITC proportionately for such supplies; the principle applicable to restaurant services extends to other specified services. Full tax liability on those supplies must be paid only through the electronic cash ledger, and ITC relating to inputs and input services used to facilitate those supplies cannot be utilised to discharge that special levy, though such ITC can be used for the ECO's own supply tax liabilities.

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Clarification on various issues pertaining to GST treatment of vouchers

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GST treatment of vouchers follows a centrally clarified framework adapted for uniform implementation under the relevant GST law.
GST treatment of vouchers in Goa is to be implemented consistently with the central GST clarification addressing various issues concerning vouchers. The ... Summary

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Acts Income Tax