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Prescribing manner of re-credit in electronic credit ledger using FORM GST PMT-03A
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Re-credit in electronic credit ledger: procedure established for FORM GST PMT-03A after deposit via FORM GST DRC-03, enabling officer action.
Where a registered person deposits an erroneous refund along with applicable interest and penalty through FORM GST DRC-03 by debit from the electronic cash ledger, the proper officer shall re credit an amount equivalent to the erroneous refund to the electronic credit ledger by order in FORM GST PMT-03A after being satisfied of receipt, following the Annexure A request procedure until portal automation is available.
Clarification on issue of claiming refund under inverted duty structure where the supplier is supplying goods under some concessional notification
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Refund under inverted duty structure allowed when concessional notification causes lower output tax rate, subject to exclusions and conditions.
Refund of accumulated input tax credit is available where accumulation arises because the rate of tax on outward supplies is lower than the rate on inputs at the same time due to supply of goods under a government concessional notification; refunds are not available for nil rated or fully exempt outputs and for supplies specifically excluded by government notification, and remain subject to other statutory and procedural conditions for inverted duty refunds.
Clarification on various issue pertaining to GST
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Input tax credit clarification: ITC for deemed exports and exclusions, plus electronic ledger use for tax payments.
Tax paid on supplies treated as deemed exports is refundable; the interim allowance enabling recipients to avail ITC on such tax for portal refunds is not ITC under Chapter V and therefore not subject to ITC reversal or included in Net ITC for refund computations. The proviso expanding availability of credit for employer provided goods or services applies to the whole exclusion clause for employee supplies, while "leasing" exclusion is confined to motor vehicles, vessels and aircraft. Electronic credit ledger balances may be used only for output tax (excluding reverse charge tax) and not for interest or penalties; electronic cash ledger may meet tax, interest, penalty or other GST liabilities.
Mandatory furnishing of correct and proper information of inter-State supplies and amount of ineligible/blocked Input Tax Credit and reversal thereof in return in FORM GSTR-3B and statement in FORM GSTR-1
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Inter State supply reporting: Mandate to report place of supply details and segregate ITC reversals in returns.
Registered persons must report inter-State supplies to unregistered persons, composition taxpayers and UIN holders place-of-supply-wise in Table 3.2 of FORM GSTR-3B and the matching tables in FORM GSTR-1; portal auto-populates Table 3.2 from GSTR-1 but suppliers must ensure correct customer state data. Table 4(A) of GSTR-3B is auto-populated from GSTR-2B; permanent reversals and ineligible ITC must be reported in Table 4(B)(1), temporary/reclaimable reversals in Table 4(B)(2), and Net ITC credited equals 4(A) minus the sum of 4(B)(1) and 4(B)(2).
Clarification on various issues relating to applicability of demand and penalty provisions under the Andhra Pradesh Goods and Services Tax Act, 2017 in respect of transactions involving fake invoices
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Fraudulent input tax credit: recipients who avail and use ITC on fake invoices face demand, interest and statutory penalties.
The circular clarifies that issuance of tax invoices without actual supply does not amount to supply and ordinarily does not attract tax demand under the demand provisions, but issuers are punishable for issuing invoices without supply. Recipients who fraudulently avail and utilize ITC on such invoices are liable to demand, recovery with interest, and penal action under the fraud provision; if penalised under that fraud provision, no duplicate penalty for the same act may be imposed elsewhere. Where fraudulent ITC is passed on by issuing further invoices without supply, no tax demand arises for outward transactions, but the intermediary is liable to penal action for both issuing invoices without supply and improper availment/utilisation of ITC.
Instructions regarding analysis of GSTR-4A and e-way bills of composition dealers for detection of tax irregularities and ensuring compliance.
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GSTR-4A comparison with e-way bills enables detection of tax irregularities in composition dealers and supports lawful action.
Officers are instructed to download GSTR-4A of composition dealers in Excel format from the GSTN portal and compare it with the concerned dealers' e-way bills. GSTR-4A is an auto-populated purchase-related return generated from suppliers' GSTR-1 uploads against the composition dealer's GSTIN. The comparative exercise is meant to detect discrepancies relating to actual turnover, tax evasion, and other tax irregularities, and appropriate action may be taken in accordance with law.
Submission of comments/suggestions on draft proposal of Form GSTR-3B placed in public domain as per 47th GST Council meeting decision
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GSTR-3B reform proposal seeks stronger linkage with GSTR-1 and GSTR-2B for clearer tax reporting.
Stakeholder comments were invited on a draft proposal for comprehensive changes to FORM GSTR-3B, placed in the public domain pursuant to the GST Council's recommendation. The proposal seeks closer linkage with FORM GSTR-1 and FORM GSTR-2B through greater auto-population, reduced manual entry, and sequential filing. It also contemplates amendment tables, reporting of negative values, and specific rows for input tax credit reversals and reclaims, with an emphasis on clearer reconciliation and improved administrative efficiency.
Disposal of refunds within stipulated time framework and payment of interest amount on delayed refunds
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Timely refund disposal requires statutory compliance, with delayed GST and VAT refunds attracting interest and structured grievance monitoring.
Timely disposal of VAT and GST refund applications is required to prevent interest liability on delayed refunds. GST refund orders must be issued within sixty days of receipt of the application, failing which interest may become payable. Pending refund grievances may be filed through the DVAT Portal, transmitted by the EDP Branch to the concerned ward and zonal in-charge, and decided on merits within ten working days. Zonal supervision, weekly reporting, nodal monitoring and performance-appraisal consequences apply to unresolved or non-compliant cases.
Clarification regarding filing of appeals before the Appellate Tribunal under Section 112 of the State Act and related monitoring mechanism.
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Tribunal appeal limitation under the State GST regime is linked to Tribunal constitution and communication of the order.
Section 112 of the Uttar Pradesh GST Act, 2017 and the Removal of Difficulty order dated 03.12.2019 provide that the three-month and six-month limitation periods for appeals to the Appellate Tribunal begin from the later of the date of communication of the order or the date on which the President or State President of the Tribunal enters office after constitution. The circular clarifies that appellate orders passed from the implementation of GST until constitution of the Tribunal are not to be treated as time-barred for filing before the Tribunal, and directs a monitoring mechanism through the Legal Committee and Court Case module.
Manner of filing refund of unutilized ITC on account of export of electricity
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Refund of unutilised ITC on export of electricity: procedural filing, documentation and REA-based calculation required.
Refund procedure for unutilised input tax credit on export of electricity requires filing under "any other" in the refund form with remark "Export of electricity-without payment of tax (accumulated ITC)"; uploading Form RFD statement (Statement 3B) with export invoice details, exported energy and tariff per unit, the monthly Regional Energy Account (REA) statement from the RPC Secretariat showing scheduled exported energy, relevant contracts, and the refund calculation. The relevant date for filing is the last date of the month as per the monthly REA; turnover for refund is REA scheduled energy multiplied by contract tariff, using the lower of invoice and REA quantities where they differ.
Clarification on various issue pertaining to GST
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Input tax credit for deemed exports is not subject to input apportionment and is excluded from net ITC computation.
Tax paid on supplies regarded as deemed exports is made available as input tax credit to recipients solely to facilitate refund claims on the portal; such credit is not input tax credit under Chapter V and therefore is not subject to the statutory restrictions on input tax credit and must be excluded from the net ITC for computation of refunds. The proviso widening availability of credit where an employer is obliged to provide goods or services applies to the whole clause, and "leasing" in the restriction refers only to leasing of motor vehicles, vessels and aircraft. Employer perquisites under employment contracts are not supplies for GST when in the course of employment. Electronic credit ledger may be used for output tax but not reverse charge or non-tax liabilities; electronic cash ledger may be used for tax, interest, penalty, fees and other amounts.
Clarification on various issues relating to applicability of demand and penalty provisions under the Gujarat Goods and Services Tax Act, 2017 in respect of transactions involving fake invoices
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Fake invoice ITC treatment distinguishes demand recovery for fraudulent credit use from penalties for invoices without actual supply.
Fake-invoice transactions are assessed by distinguishing nonexistent supplies from fraudulent ITC use. Issuing an invoice without actual supply does not create tax liability or attract demand recovery against the issuer, but attracts penalty for issuing such invoice. A recipient that avails and uses ITC without receiving goods or services to pay tax on genuine outward supplies faces recovery of ineligible ITC, interest and penalty. Where fake ITC is merely passed onward through invoices without supply, demand recovery is not required in the specified case, though penalties apply for invoice issuance without supply and wrongful ITC use.
Mandatory furnishing of correct and proper information of inter-State supplies and amount of ineligible/blocked Input Tax Credit and reversal thereof in return in Form GSTR-3B and statement in Form GSTR-1
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Inter-State supply reporting: require place-of-supply disclosure in GSTR-1 and correct ITC reversal reporting to secure accurate credit allocation.
Registered persons must report place-of-supply-wise inter-State supplies to unregistered persons, composition taxpayers and UIN holders in table 3.2 of Form GSTR-3B and in the appropriate tables of Form GSTR-1; auto-populated ITC from Form GSTR-2B appears in table 4(A) of GSTR-3B, but ineligible or reversed ITC must be reported in table 4(B) (permanent reversals in 4(B)(1), temporary/reclaimable reversals in 4(B)(2)) so that net ITC in table 4(C) correctly represents amounts credited to the electronic credit ledger.
Compliance regarding Tax Deduction at Source (TDS) under Section 51 of the State Act and filing of GSTR-7 returns.
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Tax deduction at source under Uttar Pradesh GST requires registered deductors to withhold tax and file GSTR-7 on time.
Tax deduction at source under Section 51 of the Uttar Pradesh GST framework is required from Government departments, local authorities, Government institutions, Governmental agencies and notified persons where payment is made for taxable goods or services under a contract exceeding the prescribed threshold. The circular states that the applicable deduction is 2% overall, comprising 1% CGST and 1% SGST, and that persons liable to deduct TDS must obtain GST registration and file Form GSTR-7 within the prescribed time.
Clarification on issue of claiming refund under inverted duty structure where the supplier is supplying goods under some concessional notification
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Inverted duty refund: concessional supplier rates can permit ITC refund where output tax is lower than input tax.
Refund of accumulated ITC under the inverted duty structure is allowed when accumulation results from the rate on outward supplies being lower than the rate on inputs for the same goods at the same time because the supplier makes supply under a concessional notification, subject to other conditions and excluding cases where the output is Nil rated, fully exempt, or specifically excluded by government notification.
Clarification on various issue pertaining to GST
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Input Tax Credit clarification: ITC credited for deemed exports is not treated as Chapter V ITC and excluded from apportionment rules.
Tax paid on supplies treated as deemed exports has been credit ed to recipients solely to enable portal refunds and is not ITC under Chapter V; consequently it is not subject to section 17 apportionment/reversal nor included in "Net ITC" for refund computations. The proviso to clause (b) of subsection (5) applies to the entire clause, making credit available where employer provision is legally obligatory. "Leasing" in blocked credits refers only to motor vehicles, vessels and aircraft. Employer perquisites under employment contracts are not taxable supplies. Electronic credit ledger funds may be used only for output tax (excluding reverse charge) and not for interest, penalties or cash refunds; electronic cash ledger may meet tax and other liabilities.
Clarification on various issues relating to applicability of demand and penalty provisions under the Uttar Pradesh Goods and Services Tax Act, 2017 in respect of transactions involving fake invoices
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Fraudulent Input Tax Credit clarified: issuers face penalties for fake invoices; recipients face recovery and penal consequences.
Issuance of tax invoices without actual supply does not constitute a supply and therefore does not give rise to tax demand against the issuer, but the issuer is liable to penal action for issuing invoices without supply. A recipient who fraudulently avails and utilizes input tax credit without receiving goods or services is liable to demand and recovery of the wrongly availed credit with interest and to penal action under provisions for fraudulent availment or utilization of input tax credit. Where such a recipient passes on credit by issuing invoices without supply, no tax demand arises for outward transactions, but penal action applies for issuance of invoices without supply and for taking ineligible input tax credit.
Mandatory furnishing of correct and proper information of inter-State supplies and amount of ineligible/blocked Input Tax Credit and reversal thereof in return in Form GSTR-3B and statement in FORM GSTR-1
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Inter State supply reporting: ensure correct place of supply entries and GSTR 3B/GSTR 1 reconciliation for ITC accounting.
Requires registered persons to report place of supply wise inter State supplies to unregistered persons, composition taxpayers and UIN holders in table 3.2 of Form GSTR 3B and corresponding tables in Form GSTR 1, and to maintain correct customer state data. Prescribes that total ITC auto populated from Form GSTR 2B appears in table 4(A), absolute ineligible reversals are reported in table 4(B)(1), temporary/reclaimable reversals in table 4(B)(2) with reclaimed amounts shown in table 4(A)(5) and table 4(D)(1), and net ITC credited to the Electronic Credit Ledger equals 4A minus [4B(1)+4B(2)].
Clarification on issue of claiming refund under inverted duty structure where the supplier is supplying goods under some concessional notification.
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Inverted duty refund: concessionally taxed supplies permit refund where output tax is lower than input tax, with stated exceptions.
Refund of accumulated input tax credit under the inverted duty clause is admissible where accumulation arises because the rate of tax on outward supplies of the same goods is lower than the rate on inputs at the same point in time due to supply under a government concessional notification, provided other statutory conditions are fulfilled and excluding cases where the output is nil rated, fully exempt, or specifically excluded by government notification.
Clarification on various issues relating to applicability of demand and penalty provisions under the Rajasthan Goods and Services Tax Act, 2017 in respect of transactions involving fake invoices
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Fraudulent input tax credit: recipients face recovery and penalty while invoice issuers face penal liabilities under the tax law.
Issuance of tax invoices without actual supply does not amount to a supply and so does not generate tax demand under ordinary demand provisions; the issuer is nonetheless liable to penal action for issuing invoices without supply. A recipient who fraudulently avails and utilizes input tax credit on such invoices is liable for recovery of the credit with interest and penal action under provisions addressing fraudulent availment or utilization; duplicate penalties for the same act are barred. If the recipient further passes on the credit by issuing invoices without supply, no output tax demand arises, but penal action applies to the intermediary for issuing invoices without supply and for wrongful use of credit.

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