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Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022
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GST classification and rates clarified: specific goods assigned HS codes, exemptions, and cess applicability under new recommendations.
Clarification prescribes GST/cess treatment: Rab is classifiable under tariff heading 1702 at 18%; dal/pulse milling by products (chilka, khanda, churi/chuni) are fully exempt from GST from 1 January 2023 and are regularized as is for the intervening period; carbonated fruit beverages fall under HS 2202 99 attracting 28% GST and 12% compensation cess; extruded snack pellets (fryums) are under tariff item 1905 90 30 at 18% GST; SUVs meeting four specified specifications attract 22% compensation cess; importers of goods in Notification 3/2017 may claim a lower IGST rate where eligible.
TGST Act, 2017 – GST ITC Fraud cases - Guidelines and Standard Operating Procedure – Issued
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Blocking of Credit: Immediate suspension and cancellation procedures to curb GST input tax credit fraud.
Procedures require rapid verification of intelligence and preparation of a case file within three days, followed by authorized inspection, search and seizure and completion of inspection report within fifteen days. Where evidence shows bill trading and fraudulent ITC, officers must promptly initiate show cause for ab initio cancellation of registration, block Electronic Credit Ledger balances under Rule 86A, identify suppliers and beneficiaries, and pursue adjudication, tax determination and penalties with well reasoned orders within prescribed timelines to prevent automatic unblocking.
Officer authorized under section 151 of the Gujarat Goods and Services Tax Act, 2017
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Information-gathering powers under GST authorize designated officers to require persons within jurisdiction to furnish relevant information.
Information-gathering functions under section 151 of the Gujarat Goods and Services Tax Act, 2017 are assigned to designated Joint Commissioners and Deputy Commissioners. The assigned function permits direction to any person to furnish information relating to matters dealt with in connection with the Act. Each designated officer may perform only this specified function, and its exercise is expressly confined to the officer's own jurisdiction.
Guidelines regarding refund process within time limit.
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Refund application time limit: officers must decide claims within the prescribed statutory period, with expedited disposal of pending applications.
Proper officers must verify refund claims and issue final sanction or rejection in Form GST RFD-06 and payment advice in Form GST RFD-05 within the prescribed statutory period counted from the filing date shown in the acknowledgement under the RGST Rules; acknowledgements or deficiency memos should be issued promptly so the decision timeframe runs from the filing date recorded therein.
Regarding guidelines for reimbursement of late fee payable and deposited under Section 47 by the registered taxable person under the Rajasthan Goods and Services Tax Act, 2017 for the period from April 2021 to March 2022
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Reimbursement of late fee available to registered taxpayers filing specified GST returns by the deadline, subject to verification and recovery.
Reimbursement of late fee deposited under Section 47 for April 2021-March 2022 is available only to registered persons who furnished returns/details of outward supplies by 31 March 2023; annual returns are excluded. Claims must be submitted via the Rajtax Portal in prescribed formats, with bank details first updated on the GST portal and verified by the jurisdictional proper officer. The officer shall issue sanction/partial sanction or a reasoned rejection after hearing, and sanctioned amounts are forwarded to the CSDO for budget allocation and payment. Wrongful claims are recoverable with interest and penalty.
Order regarding Jurisdiction of Joint Commissioner of State Tax (Appeals) as Appellate Authority under GST in terms of Rule 109A of the Haryana Goods and Services Tax Act,2017
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Appellate jurisdiction of Joint Commissioner of State Tax (Appeals) clarified; district assignments and head office appeals routed to Ambala.
Joint Commissioners of State Tax (Appeals) are authorised to hear appeals under the Haryana and Central GST laws where the appellant's place of business falls within the districts allocated to them; district-wise jurisdiction is assigned to Joint Commissioners at Ambala, Faridabad, Gurugram, Hisar and Rohtak, and Ambala is additionally authorised to receive appeals against decisions of Proper Officers posted at Head Office.
Standard Operating Procedure (SOP) for Cancellation of Registration and for Repository of Non-genuine Taxpayers
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Cancellation of registration for non-genuine taxpayers enables denial of input tax credit and repository sharing.
The SOP prescribes identification of non-genuine taxpayers using defined risk parameters and intelligence inputs, initiation of suo motu cancellation proceedings by the Proper Officer with opportunity for hearing, and, where justified, cancellation of registration ab initio; it mandates detailed evidence collection (photographs, documents, bank and electronic data, depositions, affidavits), preparation of indexed evidence folders, transmission to zonal officers, and electronic submission to the Business Intelligence Unit which will act as the repository and share non-genuine taxpayer information with other tax authorities.
Determination of Zone-wise and Turnover-wise Registered Persons Selected for GST Audit for FY 2019–20
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GST audit selection: zonal and turnover based registered persons lists published, audits to be completed by prescribed deadline.
Zones are classified into three categories according to the number of high turnover traders, and within each zone category registered persons are further classified as large, medium or small taxpayers by prescribed turnover bands. Zonal and turnover wise lists of selected registered persons for GST tax audit of the relevant financial year are published to zonal Additional Commissioners/Joint Commissioners (Tax Audit) and on the departmental website; audits of the selected persons must be completed within the prescribed time limit.
Clarifications regarding applicability of GST on certain services
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GST exemption for government-provided accommodation and non-taxability of government-paid digital-payment subsidies clarified.
Accommodation services provided by military and similar messes to personnel who are not business entities qualify for the government-provided GST exemption if the supplies are services rendered by Central/State/UT governments or local authorities. Incentives paid by MeitY to acquiring banks for RuPay and low-value BHIM-UPI transactions are a subsidy directly linked to service price, not consideration paid for services to the Government, and therefore do not form part of the taxable value and are not taxable under GST.
: Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022
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GST rate clarifications: classification and tax treatment for Rab, dal by-products, beverages, snack pellets, SUVs, and IGST import rates.
Rab, a semi-solid sugarcane product distinct from molasses, is classifiable under heading 1702 and attracts the GST rate for that heading. By-products of dal/pulse milling (Chilka, Khanda, Churi/Chuni) are fully exempt from GST from 1 January 2023 and intervening-period matters are regularized on an as-is basis. Carbonated fruit beverages fall under HS 2202 99 with higher GST and compensation cess; extruded snack pellets are classifiable as extruded savoury products with the mid-rate GST. Compensation cess at the higher rate applies only to SUVs meeting all four specified criteria. Importers of goods in the specified list may claim any lower IGST rate available under other notifications.
Delegation of power by the Commissioner under section 61 of the West Bengal Goods and Services Tax Act, 2017
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Delegation of scrutiny powers to State Tax Officers permits named officers to examine returns and initiate statutory action immediately.
The Commissioner delegates authority to State Tax Officers, when specifically assigned by name, to conduct scrutiny of returns and related particulars and to take necessary action under the statutory scrutiny procedure; this delegation is additional to earlier orders and is effective immediately.
Clarifications regarding applicability of GST on certain services
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GST service applicability clarifications apply mutatis mutandis under the State GST framework, promoting uniform implementation.
GST applicability clarifications regarding certain services are made applicable, mutatis mutandis, to implementation of the Goa Goods and Services Tax Act, 2017. The adoption extends the central GST clarification issued under the Central Goods and Services Tax Act, 2017 to the corresponding State GST framework.
Prescribing manner of filing an application for refund by unregistered persons-reg.
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Refund applications by unregistered persons follow the prescribed filing procedure through aligned state GST implementation.
Refund applications by unregistered persons are to be filed in accordance with the manner prescribed under the Central Goods and Services Tax Act, 2017, which is adopted mutatis mutandis for implementation under the Goa Goods and Services Tax Act, 2017. The clarificatory measure applies the central procedure within Goa State GST administration, and implementation difficulties may be brought to the Commissioner of State Taxes.
Clarification regarding the treatment of statutory dues under GST law in respect of the taxpayers for whom the proceedings have been finalised under Insolvency and Bankruptcy Code, 2016
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Statutory GST dues after finalised insolvency proceedings follow central clarification principles under Goa GST through mutatis mutandis application.
Statutory GST dues of taxpayers whose insolvency proceedings have been finalised are to be treated under the Goa GST Act in accordance with the corresponding central GST clarification, applied mutatis mutandis. The guidance is clarificatory and seeks uniform treatment, with implementation difficulties referable to the Commissioner of State Taxes.
Clarification on various issue pertaining to GST-reg.
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Uniform GST clarification adopts central guidance mutatis mutandis to ensure consistent GST implementation within the local tax regime.
GST clarification issued under the central GST framework is adopted, mutatis mutandis, for implementation under the Goa GST Act, 2017. This adoption seeks uniform application of the clarified GST issues within the State regime. The clarification is administrative and clarificatory in nature.
Clarification on the entitlement of input tax credit where the place of supply is determined in terms of the proviso to sub-section (8) of Section 12 of the Integrated Goods and Services Tax Act, 2017-reg.
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Input tax credit entitlement under the special place-of-supply rule receives a uniform clarificatory GST application.
Input tax credit entitlement where the place of supply is determined under the special place-of-supply rule is addressed for administration under the Goa GST Act. To secure uniformity, the clarification issued under the Central GST framework on the same subject is made applicable mutatis mutandis. Its operation is clarificatory and concerns the stated input tax credit and place-of-supply issue.
Clarification to deal with difference in Input Tax Credit (ITC) availed in Form GSTR- 3B as compared to that detailed in Form GSTR-2A for FY 2017-18 and 2018-19.
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Input tax credit reconciliation applies a central clarification to GSTR-3B and GSTR-2A discrepancies under local GST law.
Input tax credit reconciliation for FY 2017-18 and 2018-19 addresses differences between ITC availed in Form GSTR-3B and ITC detailed in Form GSTR-2A. For uniform implementation under the Goa GST Act, 2017, the central clarification applies mutatis mutandis. Its application is clarificatory, and implementation difficulties may be brought to the Commissioner of State Taxes.
Sandard Operating Procedure (SOP) for attachement/detachment of bank account
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Bank-account attachment and detachment require prior Commissioner approval, digitally signed bank communications, and nodal-officer confirmation for release.
Bank-account attachment for recovery of unpaid DVAT and GST demands may cover tax, penalty, interest and other dues, including provisional attachment to protect revenue in specified cases. Prior approval of the Commissioner, Trade and Taxes is mandatory for attachment and detachment. Bank communications must be digitally signed, issued in the prescribed format, copied to the Nodal Officer, and sent through the concerned officer's official email account. Banks may seek Nodal Officer confirmation before detaching an account.
Clarifications regarding applicability of GST on certain services
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GST exemption on government-supplied accommodation affirmed; subsidies to banks for digital payments treated as non-taxable.
Accommodation services supplied by Air Force and similar messes to personnel or non-business persons are covered by the exemption for services supplied by Central/State/UT/local authorities under notification No. 12/2017, if the services qualify as government-supplied. Incentives paid by MeitY to acquiring banks for promoting RuPay and low-value BHIM-UPI transactions are subsidies linked to the price of the service, not consideration from the government for services, and therefore do not form part of the taxable value and are not taxable under GST.
Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022
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GST rate classification clarifications require uniform application of central guidelines by State tax field formations.
GST rate and classification clarifications concerning certain goods are adopted for uniform implementation under the Tripura State Goods and Services Tax Act, 2017. State tax officers are directed to follow the Central Government guidelines on GST rates and classification of goods across the concerned field formations.

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