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Clarifications regarding GST in respect of certain services
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GST treatment of composite supplies and specified services turns on principal supply, classification, exemptions, and taxable ancillary charges.
GST classification of bus body building as a composite supply depends on the principal supply identified from the facts. Tyre retreading is ordinarily a service because retreading imparts the essential character and rubber is ancillary; value is only a guiding factor. Retreaded tyres supplied where the old tyres belong to the supplier are goods. Priority Sector Lending Certificates and Renewable Energy Certificates are goods classifiable under heading 4907, while duty credit scrips receive nil GST. Electricity transmission or distribution by a utility is exempt, but specified ancillary consumer charges and government loan guarantees for consideration are taxable.
Clarifications regarding GST in respect of certain services
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GST treatment of specified services clarifies exemptions for healthcare and lodging, while defining treatment of fees, rentals and cost petroleum.
Hostel accommodation by trusts is exempt only under the lodging accommodation exemption where the declared tariff is below Rs. 1,000 per day, and not as charitable activity. Fees, penalties and amounts paid to Consumer Disputes Redressal Commissions are outside GST because of their tribunal characteristics. Healthcare services include independently engaged medical professionals, hospital retention amounts and doctor-advised food for in-patients; other food supplies by hospitals are taxable.
Clarification on supplies made to the Indian Railways classifiable under any chapter, other than Chapter 86
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Railway supply classification determines whether goods receive the concessional GST rate or remain subject to general rates.
GST treatment of goods supplied to Indian Railways depends on their tariff classification rather than the identity of the recipient. Goods classifiable under Chapter 86 attract GST at 5 per cent, with no refund of unutilised input tax credit. Goods classifiable under any other chapter remain taxable at the general GST rate applicable to those goods, notwithstanding that they are supplied to the Railways.
Clarification regarding applicability of TNGST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol
Show AI Summary
TNGST liability on retained refinery feedstock applies only to net quantities used in specified manufacturing processes.
TNGST on Polybutylene feedstock and Liquefied Petroleum Gas supplied by refineries for specified manufacturing is payable only on the net quantity retained by the manufacturer. Quantities returned to the refinery are not taxable at that stage. The refinery is liable to pay TNGST on returned quantities when subsequently supplied to another person. Past issues remain governed by the law prevailing at the relevant time.
Clarifications regarding GST on College Hostel Mess Fees
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College hostel mess GST depends on supplier identity: qualifying institutions are exempt, while outsourced catering remains taxable.
GST on college hostel mess services depends on whether catering is supplied by a qualifying educational institution or an outsourced provider. Food or drink supplied by a mess or canteen is generally taxable at 5% without input tax credit. Catering supplied by a qualifying educational institution to its students, faculty and staff is exempt, whereas outsourced catering supplied to the institution is taxable if the supplier does not take input tax credit.
Clarifications regarding levy of TNGST on accommodation services, betting and gambling in casinos, horse racing, admission to cinema, home stays, printing, legal services etc.
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GST valuation rules clarify accommodation tariffs, casino gambling and horse-racing bets, while allocating legal-services tax through reverse charge.
TNGST on accommodation is payable on the actual amount charged, with declared tariff determining the applicable rate slab. Casino entry, gambling and horse-racing bets are taxable on their respective transaction values, with gambling and horse racing assessed on total bet value. Hospital room rent for in-patients is exempt, while food or drink services may qualify for composition levy. Low-turnover accommodation suppliers using electronic commerce operators need not register where the operator bears tax liability. Books are goods where sold by their owner, and legal services to business entities are taxable under reverse charge.
Procedure and formats for limited review / audit report of the listed entity and those entities whose accounts are to be consolidated with the listed entity
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Limited review of consolidated accounts: principal auditor must follow auditing and review standards and standardised reporting formats.
Regulation 33(8) requires the listed entity's statutory auditor to undertake a limited review of audits of entities consolidated into the group's financials. The circular prescribes parties covered, replaces prior auditor report formats with standard templates for standalone and consolidated limited reviews and audits, mandates compliance with mandatory auditing and review standards and guidance on consolidated financial statements, and requires the principal auditor to plan, determine significant components and materiality, evaluate component auditor competence, issue consolidation instructions, obtain management representations, and document specified matters.
Addition of provisions under the Handbook of Procedures for implementation of the Scheme for Rebate of State and Central Taxes and Levies, as notified by the Ministry of Textiles for issuance of scrip for RoSCTL under a MEIS type mechanism
Show AI Summary
Rebate of State and Central Taxes and Levies: online duty credit scrip issuance with system-based approval and recovery safeguards.
Administrative framework for issuance and use of Duty Credit Scrips under the RoSCTL for apparel and made-ups: online ANF4 R applications with digital signature linking up to 50 shipping bills, system-based approval and RA issuance, split-scrips permitted, EDI and non-EDI port-specific registration rules, single-port registration required prior to use, 24-month validity, one-year filing deadline from shipping bill upload (no late cut), RA verification for non-EDI bills, duplicate scrip provision, broad exporter eligibility except denied entities, and document retention and recovery mechanisms including refund with interest for failures or excess grants.
Procedure and ANF for availing Transport and Marketing Assistance (TMA) for Specified Agriculture Products
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Transport and Marketing Assistance for specified agricultural exports reimburses international freight and marketing costs subject to eligibility and documentation.
The scheme provides cash reimbursement for international freight and marketing of eligible agriculture exports to specified countries, available to registered exporters with valid RCMCs. Claims are filed quarterly online via ANF 7(A)A, supported by shipping/airway bills, commercial invoices, CA/ICWA/CS certificate and proof of landing, with a physical copy submitted to the Regional Authority within 30 days. Assistance is paid at notified regional rates per TEU for sea and per tonne for air; exclusions include FOB where no freight is paid, LCL, mixed cargo containers, bulk shipments, SEZ/EOU-origin exports, trans-shipments and courier/e-commerce consignments. Audit, recovery and 15% interest apply for ineligible or excess payments.
Clarification in respect of transfer of input tax credit in case of death of sole proprietor.
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Transfer of input tax credit: central clarification adopted directing uniform implementation on death of a sole proprietor.
Transfer of input tax credit upon the death of a sole proprietor: state tax officers are directed to apply the central administrative clarification concerning succession, follow specified procedural steps for documentation and ledger adjustment, and ensure uniform implementation across field formations so eligible transferees can access the remaining input tax credit under GST rules.
Verification of applications for grant of new registration.
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Verification of registration applications: central clarifications must be followed to ensure uniform application across state tax field formations.
The State tax administration directs field officers to adopt and implement the central GST policy wing's clarifications on verification of new registration applications, requiring Additional Commissioners, Deputy Commissioners, Superintendents and Inspectors of State Tax to follow the procedures and standards set out in the central circular so as to ensure uniform implementation of verification processes across all field formations.
Selection of empanelment of the valuers of Seized/ Confiscated Detained/ Time Expired Bonded Goods
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Empanelment of valuers for seized and detained goods confirmed; appointments set for a one-year term under accepted conditions.
Chartered valuers were empanelled for valuation of seized, confiscated, detained and time-expired bonded goods; four nominees were recommended after interview and approved by the Commissioner of Customs (General-Disposal). Empanelment is governed by accepted terms and conditions and is for a one-year term or until termination, with possible extension by the competent authority.
Clarification in respect of transfer of input tax credit in case of death of sole proprietor.
Show AI Summary
Transfer of input tax credit on death of a sole proprietor allowed, subject to specified registration and ITC-02 filing procedures.
Unutilized input tax credit of a sole proprietor who dies may be transferred to the transferee/successor by the transferee filing FORM GST ITC-02 electronically in respect of the registration to be cancelled on account of death; FORM GST ITC-02 must be filed before filing the cancellation application (FORM GST REG-16) that links the transferor and transferee GSTINs. The transferee/successor and transferor are jointly and severally liable for any tax, interest or penalty due from the transferor, and the transferee must obtain registration citing death of the proprietor when filing FORM GST REG-01.
Verification of applications for grant of new registration.
Show AI Summary
Registration verification: compare new GST applications with prior cancelled registrations to prevent evasion and allow rejection where deficiencies persist.
Proper officers must compare new registration applications with portal records of earlier registrations on the same PAN, verify reasons for prior cancellations and whether revocation of cancellation was sought; non application for revocation while the conditions for cancellation continue is a deficiency under the RGST Rules and may justify rejection of the fresh registration under rule 9.
Clarifications on refund related issues.
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Refund of accumulated ITC: portal workaround allows claim under "any other" with DRC 03 debit and officer computation.
Remedy permits claiming refund of accumulated ITC for inverted tax structure by filing FORM GST RFD 01A under "any other" for the same period; attach required documents, officer will compute admissible refund under Rule 89(5), instruct taxpayer to debit electronic credit ledger via FORM GST DRC 03, and then issue FORM GST RFD 06 and payment advice FORM GST RFD 05. Late reversals attract interest under section 50(1); refunds remain eligible only after reversal and interest payment. Rule 89(4B) applies to exporters; rectified applications after deficiency memos may be re submitted using the same ARN.
Clarifications regarding applicability of GST and availability of ITC in respect of certain services
Show AI Summary
Agricultural produce exemption excludes processed goods from GST exemption for loading, packing, storage and warehousing services.
GST exemption for loading, unloading, packing, storage and warehousing is confined to agricultural produce that has not undergone processing beyond ordinary cultivator or producer operations that preserve its essential characteristics. Factory-processed tea, processed coffee, jaggery, de-husked or split pulses, processed spices, dry fruits and cashew nuts are excluded, while whole pulse grains remain covered. Accordingly, services relating to excluded processed products are not eligible for the agricultural-produce exemption.
Clarification on issues regarding treatment of supply by an artist in various States and supply of goods by artists from galleries
Show AI Summary
Artwork supplies on approval are invoiced upon actual sale, while gallery exhibition transfers remain outside taxable supply.
Artwork supplied by registered artists on an approval basis may be moved within or outside the State under a delivery challan and e-way bill where applicable, with the tax invoice issued after delivery when actual supply occurs. Cross-State supply of artwork is an inter-State supply attracting integrated tax. Artwork sent to a gallery solely for exhibition is not supply where no consideration flows from the gallery to the artist; GST becomes payable only when a buyer selects the displayed artwork.
Issue related to classification and GST rate on Terracotta idols
Show AI Summary
Terracotta idol classification as clay goods secures nil GST treatment under the applicable rate entry.
Terracotta idols are classified as clay-based idols for GST purposes. Since idols made of clay fall under the applicable nil-rate entry, terracotta idols qualify for nil GST treatment. The classification is based on terracotta's clay composition and resolves uncertainty over whether it is covered by the clay-idol category.
Clarification on taxability of custom milling of paddy
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Custom paddy milling is taxable job work because rice conversion falls outside the agricultural-process exemption.
Custom milling of paddy into rice is job work service but is not exempt as an intermediate production process related to cultivation or agricultural produce. Milling takes place after harvest, is ordinarily undertaken by rice millers, and changes paddy's essential characteristics into rice. Treatment or processing of another person's goods is a supply of service; accordingly, job-work paddy milling attracts GST at 5 per cent on processing charges rather than the entire value of rice.
Clarification on refund of unutilized input tax credit of GST paid on inputs in respect of exporters of fabrics
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Zero-rated fabric exports qualify for refunds of unutilized input tax credit despite restrictions on inverted-duty accumulations.
Refund of unutilized input tax credit remains available to manufacturers exporting specified fabrics as zero-rated supplies, notwithstanding restrictions on refunds where credit accumulates because the tax rate on inputs exceeds the rate on output supplies. Zero-rated supplies include exports and supplies to a Special Economic Zone developer or unit. Manufacturers may claim refund of unutilized input tax credit on inputs used to manufacture and export such fabrics, subject to applicable refund conditions. Credit paid on capital goods is excluded.

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Clarification regarding applicability of TNGST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol

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TNGST liability on retained refinery feedstock applies only to net quantities used in specified manufacturing processes.
TNGST on Polybutylene feedstock and Liquefied Petroleum Gas supplied by refineries for specified manufacturing is payable only on the net quantity ... Summary

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Acts Income Tax