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Circulars
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Setting up of an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal
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GST portal grievance redressal enables filing relief where system-wide technical failures prevent timely taxpayer compliance.
GST portal IT-grievance redressal addresses system-wide technical failures that prevent a class of taxpayers from timely filing prescribed forms or returns, provided collateral evidence demonstrates a bona fide attempt to comply. Relief may permit filing of a form or return or amendment of one already filed. The mechanism is confined to Common Portal problems affecting a large taxpayer group and excludes individual difficulties caused by local internet or power failures.
Joint Venture ---taxable services provided by the members of the Joint Venture (JV) to the JV and vice versa and inter se between the members of the JV
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Joint venture cash calls attract GST when they constitute consideration for services, rather than mere capital contributions.
GST treatment of unincorporated joint-venture cash calls depends on whether the payment is merely pooled capital or consideration for a service. Contributions used solely to acquire machinery for the joint venture are capital contributions and transactions in money, where no activity is undertaken for another for consideration. Conversely, an operating member that uses its own machinery to perform exploration and production activities supplies a service when it recovers related costs from members according to their participating interests.
Clarifications regarding GST in respect of certain services
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Composite supply classification and service exemptions determine GST treatment for bus building, tyre retreading, electricity charges, and guarantees.
GST classification of bus body building and tyre retreading depends on the principal supply and the essential nature of the composite supply. Retreading is generally a service, while supply of retreaded tyres from the supplier's own old tyres is a supply of goods. Priority Sector Lending Certificates and similar tradeable certificates are goods subject to their specific classification, while duty credit scrips receive nil-rate treatment. Electricity transmission or distribution is exempt, but separately charged ancillary electricity services and government loan guarantees supplied for consideration are taxable.
Clarifications regarding GST in respect of certain services
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GST service exemptions and classifications clarify treatment of hostel lodging, healthcare, tribunal fees, rentals, joy rides, and cost petroleum.
Healthcare supplied by clinical establishments, authorised medical practitioners, and paramedics is exempt. Senior doctors, consultants, and technicians engaged independently by hospitals provide exempt healthcare services even without an employer-employee relationship. The full amount charged by hospitals to patients, including retention for related facilities, constitutes exempt healthcare. Food supplied to in-patients on medical or nutritional advice forms part of the composite supply of healthcare, whereas food supplied to out-patients, attendants, or visitors remains taxable. Cost petroleum is not, by itself, consideration for services supplied to the Government.
Clarification on supplies made to the Indian Railways classifiable under any chapter, other than Chapter 86
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GST classification of railway supplies confines concessional treatment to Chapter 86 goods and applies general rates to all others.
GST treatment of supplies to Indian Railways depends on the goods' tariff classification rather than the identity of the recipient. Goods classified under Chapter 86 attract GST at 5%, with no refund of unutilised input tax credit. Goods classified under any other chapter remain subject to the general GST rate applicable to those goods, even when 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
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Net retained feedstock determines TNGST liability when pipeline-supplied raw materials are partly returned to refineries.
TNGST on Polybutylene feedstock and Liquefied Petroleum Gas supplied through dedicated pipelines is payable by the refinery on the value of the net quantity retained by manufacturers. This applies where the materials are retained for manufacture of Poly Iso Butylene, Propylene, or Di-butyl para Cresol. Returned quantities are excluded from the taxable quantity for the initial transaction, but become taxable when subsequently supplied by the refinery to another person.
Clarifications regarding GST on College Hostel Mess Fees
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College hostel mess GST depends on the provider, with eligible institutional catering exempt and outsourced services taxable without input credit.
GST on college hostel mess services depends on the supplier and the educational institution's eligibility. Food or drink supplied by a mess or canteen is taxable at 5% without input tax credit. Catering supplied by an eligible educational institution to its students, faculty and staff as part of its services is exempt. Catering supplied by another person to the educational institution is taxable at 5%, provided input tax credit on goods and services used for that supply has not been taken.
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
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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.
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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.
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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
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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.
Due date for generation of FORM GSTR-2A and FORM GSTR-1A in accordance with the extension of due date for filing FORM GSTR-1 and GSTR-2 respectively
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GST return-form synchronisation extends recipient access and supplier response windows after delayed outward and inward supply filings.
Extension of the due dates for filing FORM GSTR-1 and FORM GSTR-2 for July 2017 correspondingly extends the availability of FORM GSTR-2A and FORM GSTR-1A. Supplier-uploaded outward-supply details in FORM GSTR-1 are made accessible to recipients in FORM GSTR-2A, which recipients may verify, validate, modify or delete while preparing FORM GSTR-2. Recipient modifications are made available to suppliers in FORM GSTR-1A for acceptance or rejection, and accepted modifications amend FORM GSTR-1 to that extent.
Procedure regarding procurement of supplies of goods from DTA by Export Oriented Unit (EOU) / Electronic Hardware Technology Park EHTP) Unit / Software Technology Park (STP) Unit / Bio-Parks (BTP) Unit under deemed export benefits under section 147 of SGST Act, 2017
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Deemed export procurement by export-oriented units requires prior intimation, endorsed invoices, and auditable digital records for tax refunds.
Supplies by registered persons to EOUs, EHTP, STP and BTP units qualify as deemed exports, with tax refund claimable by either the supplier or recipient. Recipient units must issue prior Form A intimation, obtain supplies under tax invoice, endorse the invoice on receipt and circulate it to the supplier and relevant GST officers. The endorsed invoice is proof of deemed export supply. Units must maintain auditable digital Form B records of goods received, used and removed, and furnish monthly transaction records to the jurisdictional GST officer.

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System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B

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GST return reconciliation aligns GSTR-1 and GSTR-2 with GSTR-3B, correcting liabilities and input tax credit.
System-based reconciliation compares output tax liability and eligible input tax credit reported in GSTR-1 and GSTR-2 with GSTR-3B. Differences are ... Summary

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Acts Income Tax