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Clarification on various issues pertaining to GST treatment of vouchers
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GST treatment of vouchers excludes voucher transactions and unredeemed breakage, while taxing agency commissions and separate support services.
Transactions in vouchers are neither supplies of goods nor services where the voucher qualifies as money or as a non-specified actionable claim; GST may nevertheless apply to the underlying goods or services obtained on redemption. Principal-to-principal voucher trading, involving autonomous ownership and resale, is not taxable. Commission or fees received by agents for distribution and related obligations are taxable as services, as are separately supplied promotional, technology, customisation or support services. Breakage on unredeemed vouchers is not taxable where no underlying supply occurs and no agreement makes non-redemption a taxable act or forbearance.
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 must follow the unregistered recipient's State recorded on the tax invoice.
For online money gaming, OIDAR services and all online supplies of services to unregistered recipients, suppliers must record the recipient's State name on the tax invoice irrespective of supply value. That State name is deemed to be the recipient's address on record, making the recipient's location the place of supply. The place of supply must be declared accordingly in outward-supply details. Suppliers must obtain the recipient's State details before supply, and omission of mandatory invoice particulars may attract penal action.
Clarification on availability of input tax credit as per clause (b) of sub- section (2) of section 16 of the Rajasthan 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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Input tax credit on Ex-Works supplies may arise upon handover to the recipient's transporter when title passes at supplier premises.
Under an Ex-Works contract, a registered person is regarded as having received goods when the supplier hands them to a transporter at the supplier's business premises for onward transmission on the recipient's behalf, where property in the goods passes at that time. Physical arrival at the recipient's premises is not required for input tax credit under clause (b) of sub-section (2) of section 16. Credit remains subject to other conditions, including business use, and is unavailable for non-business diversion, loss, theft, destruction, write-off, gifts, or free samples.
Clarification in respect of input tax credit availed by electronic commerce operators where services specified under Section 9(5) of Rajasthan Goods and Services Tax Act, 2017 are supplied through their platform
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Input tax credit for electronic commerce operators need not be reversed, but specified-service tax must be paid in cash.
Electronic commerce operators paying tax on specified services supplied through their platforms need not reverse input tax credit proportionately for those supplies. The full tax liability under the special tax-payment mechanism must be paid through the electronic cash ledger, and input tax credit cannot be used for that liability. Such credit may, however, be used to discharge tax on the operator's own platform-related services, including services supplied for platform fees or commissions.
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 for online services require recording recipient's State on invoice to determine supply location.
Suppliers of online services to unregistered recipients must mandatorily record the recipient's State on the tax invoice, which will be deemed the address on record for determining the place of supply; such requirement applies to online money gaming, OIDAR and all digital/online services supplied directly or through an electronic commerce operator, and the place of supply must be declared as the recipient's location in FORM GSTR-1/1A.
Clarification in respect of input tax credit availed by electronic commerce operators where services specified under Section 9(5) of Uttar Pradesh Goods and Services Tax Act, 2017 are supplied through their platform
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Input tax credit reversal clarified: ecommerce operators paying tax for specified supplies cannot use ITC to discharge that tax liability.
Electronic commerce operators liable to pay tax as if they were the supplier for notified services are not required to reverse proportionate Input Tax Credit for those notified supplies. The full tax on such supplies must be paid only through the electronic cash ledger, and ITC availed on inputs and input services used to facilitate those notified supplies cannot be used to discharge that operator-pay tax liability, though such credit may be used for the ECO's own supply-related tax liabilities.
Clarification on various issues pertaining to GST treatment of vouchers
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Voucher classification as non-supply: transactions in vouchers are not supplies, underlying supplies remain taxable and agents taxed on commission
Where a voucher qualifies as an RBI recognised pre paid instrument and is used to settle an obligation it is treated as money and not as a supply; where it does not qualify as such it constitutes an actionable claim excluded from supply under Schedule III. Trading of vouchers by principals is not a supply, whereas agents earning commission render a taxable service. Ancillary services to the voucher issuer are taxable, and amounts attributable to unredeemed vouchers (breakage) do not constitute consideration for a supply and are not taxable.
Clarification on Availability of Input Tax Credit under Section 16(2)(b) of the UPGST Act, 2017 for Goods Delivered at Supplier’s Premises under an Ex-Works Contract
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Input tax credit entitlement affirmed where Ex Works goods handed to transporter permit claim upon deemed receipt.
ITC is permissible when goods under an Ex Works contract are handed over to a transporter at the supplier's premises because the recipient is deemed to have received the goods under the Explanation to clause (b) of sub section (2) of section 16, allowing the recipient to claim credit upon such handing over, subject to other eligibility conditions including use in the course or furtherance of business and disallowance where goods are diverted for non business purposes or lost/destroyed/gifted thereafter.
Clarification on various issues pertaining to GST treatment of vouchers
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GST treatment of vouchers: vouchers are not supplies; agent commissions and ancillary service fees are taxable.
Vouchers that qualify as RBI recognised pre paid instruments are treated as money and not as goods or services; vouchers that do not qualify function as actionable claims and likewise are neither supply of goods nor supply of services. Under a principal to principal trading model, trading margins on vouchers are not subject to GST, whereas commissions or fees paid to agents/distributors for distribution services constitute taxable supplies of services. Ancillary service fees are taxable, and amounts attributable to unredeemed vouchers (breakage) are not taxable absent an agreement treating non redemption as consideration.
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 on invoices and report recipient location.
Suppliers of online/digital services, including OIDAR services and supplies through electronic commerce operators or online money gaming, must record the State of unregistered recipients on the tax invoice irrespective of value; that recorded State shall be deemed the address on record and the place of supply shall be the recipient's location under section 12(2)(b)(i) of the IGST Act. Suppliers must collect these details beforehand, declare recipient location in FORM GSTR 1/1A, and comply to avoid penalties under the KGST Act.
Clarification on availability of input tax credit as per clause (b) of subsection (2) of section 16 of the Karnataka 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: input tax credit may arise when supplier hands goods to transporter at supplier's premises.
Clarifies that for purposes of input tax credit under clause (b) of sub section (2) of section 16, goods delivered by a supplier to a transporter at the supplier's premises on the direction of the recipient are deemed to have been "received" by the recipient. In EXW contracts where property passes at the supplier's gate and transport or insurance is arranged on behalf of the recipient, the recipient may claim input tax credit at the time of such handing over, subject to other statutory conditions and business use requirements; diversion or subsequent loss or disposal disqualifies credit.
Clarification in respect of input tax credit availed by electronic commerce operators where services specified under Section 9(5) of Karnataka Goods and Services Tax Act, 2017 are supplied through their platform
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Input tax credit rule: ECOs cannot use ITC to discharge tax on specified platform services; must pay from cash ledger.
Electronic commerce operators liable to pay tax as deemed suppliers for services specified under the Act are not required to reverse input tax credit on inputs and input services proportionately for those specified supplies, but they cannot use such credit to discharge the tax liability on those specified supplies; that tax must be paid in full through the electronic cash ledger, while the credit may be used to discharge tax on the ECO's own supplies (platform fees/commissions).
Issue of ‘C’ forms to specified goods (other than ENA & Liquor).
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'C' form issuance for specified non-GST goods requires verification, central approval, annual assessment, and completion of prior-year assessment.
'C' forms for Natural Gas, Motor Spirit, Diesel and Aviation Turbine Fuel require an application to the Special Commissioner with invoice, goods-movement and other required records. Jurisdictional Joint Commissioners must verify reporting of purchases and sales, tax payment and recommend issuance. Following approval, the CCW generates the form, distributes copies, uploads data on TINXSYS, and maintains issue and assessment records. Recipient dealers must undergo annual assessment, and forms for subsequent years are conditional upon completion of the previous year's assessment.
Constitution of committees for review/revision of orders passed under RGST Act 2017
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GST order review committees will examine refund, rectification and reduced-demand orders to safeguard revenue interests through regular reporting.
Committees have been constituted to review or revise refund, rectification, and reduced-demand orders under the Rajasthan GST framework for financial years 2022-23 to 2024-25. They must verify the legality or propriety of such orders to safeguard revenue interests. Two committees comprising tax, audit, enforcement, compliance and accounts officers have been allocated specified tax zones, business audit wings and enforcement wings. They are required to commence work immediately and submit regular findings and reports to the Special Commissioner (GST).

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