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Circulars
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Implementation and Strict Compliance of Electronics & IT Goods Order, 2012 in Uttar Pradesh
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Electronics and IT goods compliance tightened through market surveillance, trader awareness, and action against fake registration numbers.
Strict compliance with the Electronics and IT Goods Order, 2012 is directed in Uttar Pradesh to ensure that only electronics and IT products conforming to the prescribed Indian standards are manufactured, stored, sold and distributed within the State. The circular requires field-level surveillance of markets, manufacturing units and assembling centres to detect sale of unregistered notified products and instances where registration numbers are fake, misused or incorrectly relied upon. Departmental officers are instructed to hold meetings with traders, provide prior notice of the notified requirements, and ensure wide publicity of the order.
Request for Opt-Out by Traders Who Inadvertently Opted into the GST Composition Scheme
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GST composition scheme opt-out: traders' details to be sent for backend correction before portal functionality becomes available.
Traders who had inadvertently opted into the GST Composition Scheme and now wished to opt out were to have their details forwarded to GSTN for backend correction, because the opt-out facility was not yet available on the GST portal. Zonal officers were directed to compile the specified particulars, including zone, region, GSTIN and trade name, and send them to the headquarters e-mail address by the stated deadline.
Issues related to acceptance of Bond/LUT
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Acceptance of LUT/Bond liberalised-SEZ units, EP council registrants, PAN based aggregation and CA turnover certification enabled.
The circular liberalises acceptance of Letter of Undertaking (LUT)/bonds by permitting LUT for SEZ developers/units, treating services to Nepal and Bhutan as export only if payment is in convertible foreign exchange, allowing exporters registered with recognised Export Promotion Councils to submit bonds without bank guarantees on submission of council registration proof, permitting aggregation of inward foreign remittances across state registrations under the same PAN to determine bond without guarantee eligibility, and accepting a Chartered Accountant certificate of 2016-17 export/SEZ turnover in lieu of DVAT 16/returns.
Extension of last date for filing GST Returns for the month of July and August.
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GST return filing deadlines extended; new staggered due dates set for July and August returns.
Extension of filing deadlines granted for monthly GST returns for July and August 2017, adjusting submission dates for GSTR-1, GSTR-2 and GSTR-3 to staggered September and October dates to facilitate taxpayer compliance under the Commissioner's Trade Notice.
Amendment in Guidelines for Assessment and Scrutiny of Annual Return Forms 52, 52A, 52B for the year 2015–16 for Small Traders under UP VAT Act, 2008
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Deemed category scrutiny guidelines under VAT are amended with corrected return deadline, notice safeguards, and fixed assessment timelines.
Amendment to the assessment and scrutiny guidelines for annual return Forms 52, 52A and 52B for 2015-16 under the Uttar Pradesh Value Added Tax Act, 2008 corrects the filing deadline to 31.01.2017 and requires traders filing on or before that date to be examined for inclusion in or exclusion from the deemed category. Officers must conduct daily scrutiny of returns, issue notices under Rule 45(13) only on clear grounds, avoid unnecessary notices, decide deemed-category cases within 15 days of service of notice, complete the exercise by 30.11.2017, and submit weekly progress reports.
Liability, submission of return, registration, eligibility to make interstate sale/purchase and transfer of goods against Form-C and Form-F, etc.
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Interstate sale of non-GST goods: registration and Form C/Form F eligibility limited to dealers of the six specified goods.
The constitutional amendment confines CST and Assam VAT to six specified non GST goods; dealers trading only in other goods cease to be liable under CST and Assam VAT and prior CST registrations become infructuous. Dealers trading in the six goods remain liable, may retain earlier CST registrations, and may use Form C/Form F only for resale or for manufacture or processing of those six goods. Pending Form C/Form F for pre transition transactions may be sought online subject to scrutiny and approval.
Deduction of Tax at Source (TDS) in respect of works contractors and suppliers regarding.
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TDS on works contracts: fixed intra state and inter state deduction rates apply, with implementation currently deferred.
Works contracts are treated as composite supplies deemed to be services; a uniform TDS mechanism applies with distinct intra State and inter State deduction components. The circular reproduces GST rate categories for construction services and provides a valuation rule where, in supplies involving transfer of land, land is deemed to be one third of the total amount and the service/goods portion equals the remainder. The statutory TDS provision under GST is presently deferred and will be enforced from a notified date.
Facilitating taxpayers on filing of GST returns by way of live demonstration on GST Seva Kendras.
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GST return facilitation: live demonstrations and on-site guidance at Seva Kendras to assist taxpayers in filing returns.
Central GST Commissionerate, Jabalpur has set up GST Seva Kendras at headquarters and divisional/range offices to provide guidance and live demonstrations for filing GSTR-1, GSTR-2, GSTR-3, Trans-1 and Trans-2 returns for existing and new taxpayers; Kendras operate on working days during office hours and taxpayers may contact departmental officers for assistance.
System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B
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Reconciliation of GSTR returns requires adjustment of tax and ITC based on auto-populated GSTR-1/GSTR-2 data and ledger debits.
System-based reconciliation compares information in FORM GSTR-1 and FORM GSTR-2 with returns filed in FORM GSTR-3B: the portal auto-populates FORM GSTR-2A and drafts Part A of FORM GSTR-3. Taxpayers must amend GSTR-1/GSTR-2 invoice-level and other inward-supply details to correct liabilities and ITC. Where FORM GSTR-3 shows higher tax than paid in FORM GSTR-3B, additional tax must be paid by debiting the electronic cash or credit ledger with interest; excess ITC evidenced in FORM GSTR-2 is credited to the electronic credit ledger. Returns are valid only after payment and matching procedures are completed.
Clarification regarding issue of statutory forms
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Interstate purchase restrictions: Form C use limited to six specified goods; other dealers lose CST registration and Form C access.
Amendments limit the CST Act and PVAT Act to six specified goods; dealers selling goods other than those six cease to have CST/PVAT liability and related registrations become infructuous, while dealers dealing only in the six goods remain liable, retain existing registrations, and may procure interstate against Form C solely for re-sale or processing of those six goods; pending C Forms for pre-amendment transactions may be applied for online and issued after scrutiny.
System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B.
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System reconciliation of GST returns mandates portal-matched adjustments to tax payable and input tax credit with ledger-based payments and interest.
System-based reconciliation aligns data from FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B: the portal auto-populates FORM GSTR-2A and drafts FORM GSTR-3, compares tax payable and ITC, requires additional payment by debiting electronic cash or credit ledger with interest where tax payable exceeds GSTR-3B, credits excess eligible ITC to the electronic credit ledger where applicable, and carries forward unreconciled reductions to subsequent returns; returns become valid only after payment of tax as per reconciled FORM GSTR-3.
System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B.
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System reconciliation of GSTR returns triggers adjustments to tax payable or input tax credit and enables ledger-based payment or credit.
System-based reconciliation aligns provisional return figures with details in outward and inward supply statements; recipients may amend auto-populated inward data and corrections to the provisional return must be made via outward or inward statements. The portal auto-drafts definitive return tables, requires additional payment via electronic cash or credit ledger with interest where payable, and credits additional eligible ITC to the electronic credit ledger when established. Excess reductions in liability may be carried forward; provisional returns filed without payment remain subject to reconciliation and interest, with matching and amendment following statutory rules.
Deduction of Tax at Source (TDS) under GST.
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Deduction of Tax at Source under GST suspended pending commencement of Section 51; departments must refrain from TDS until notified.
Section 51 of the State GST statute has not been brought into force; government departments are directed not to undertake any TDS deductions under GST until the provision is notified. An earlier instruction limiting deductions to a specified date is superseded by a further deferral, and departments must instruct subordinate offices to refrain from TDS under GST until further orders.
System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B
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System-based GST reconciliation aligns GSTR-3B with supply statements, requiring payment, credit adjustments, carry-forward, and interest on shortfalls.
System-based reconciliation compares tax liability and input tax credit in FORM GSTR-3B with the details furnished in FORM GSTR-1 and FORM GSTR-2, which auto-populate FORM GSTR-3. Errors in FORM GSTR-3B may be corrected through the outward- and inward-supply statements. Tax shortfalls or excess input tax credit utilised must be paid through the electronic cash or credit ledger with applicable interest, while additional eligible input tax credit is credited to the electronic credit ledger. Reduced output liability, after credit adjustment, is carried forward to the next month's return. FORM GSTR-3 becomes valid only after full tax payment.
Regarding ensuring action to prevent any kind of evasion on the borders of the state.
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Tax evasion prevention at state borders through effective enforcement, vigilance, and reporting to protect revenue.
Action is directed to prevent tax evasion and corruption at the State borders, with effective enforcement measures to ensure that no tax evasion occurs. The concerned tax administration must also keep the Government informed of the action taken. The instruction emphasizes border-level vigilance, enforcement, and reporting in the interest of revenue protection.
Clarifications approved by the Fitment Committee in its Meeting on 25th July 2017, 31st July 2017 and 1st August 2017 with regard to services.
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GST on accommodation tariffs: taxable on actual amount charged; declared tariff determines the applicable rate slab.
Declared or published tariff determines the GST slab for accommodation services but GST is payable on the actual amount charged (transaction value); where multiple declared tariffs exist the highest declared tariff for the relevant season/place governs slab determination. Casino admission and gambling/betting services are taxable at the recreational entertainment rate, with tax computed on gross admission receipts and total bet value; horse-race betting is taxable on entire bet value. Declared prices exclude taxes; religious ceremonies by temples and in-patient room rent are exempt; composite supplies take the rate of the principal supply.
Regarding New Registration In GST.
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GST registration enforcement for service-sector traders through data-based identification, turnover estimation, and suo motu registration action.
Increase in GST registrations among service-sector traders by identifying unregistered persons liable to registration, including earlier service-tax registrants whose registrations were cancelled. Officers must organise workshops, collect information from electricity, labour, municipal and online sources, estimate turnover of restaurants, beauty parlours, gyms, coaching institutes, hotels and similar businesses, and take action for registration where turnover exceeds the prescribed threshold under section 25(8) and rule 16. Weekly reporting of newly registered traders is required.
Provisions relating to inspection, search and seizure under the UPGST, 2017 and their implementation
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Inspection and seizure procedure under Uttar Pradesh GST requires written authorization, prescribed forms, and strict compliance with statutory safeguards.
Inspection, search and seizure under the Uttar Pradesh Goods and Services Tax Act, 2017 require written authorization by a proper officer not below Joint Commissioner. The circular prescribes the procedure for inspecting business premises, transporters, warehouses and other places, and for seizing goods, documents, books or things relevant to proceedings. It provides for provisional release against bond and bank guarantee, retention and copying of seized records, special treatment of perishable or hazardous goods, and compliance with prescribed forms and rules.
Directions regarding Cash Deposit of Tax and Penalty under Section 129 of UP GST Act, 2017
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Section 129 cash deposit procedure requires demand draft payment for seized goods until GST portal remittance is available.
Deposit of tax and penalty payable for goods seized under Section 129 of the Uttar Pradesh GST Act, 2017 is to be made by demand draft in favour of the concerned seizing officer until the cash-deposit facility on the GST portal becomes available. The circular addresses the practical difficulty in treasury remittance through the portal and clarifies the interim procedure for release of detained goods after payment of the amount due.
Addendum to Trade Circular No. 07/2017 dated 19/07/2017 regarding Export
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Eligibility for LUT requires prescribed foreign inward remittance thresholds; LUT accepted for exports in place of bond with conditions.
Extends Letter of Undertaking (LUT) eligibility to all registered exporters who, in the preceding financial year, received foreign inward remittances equal to or exceeding ten percent of export turnover and not less than one crore rupees, with status holders exempt from the threshold. LUTs must be on letterhead with authorised signature; LUT/bond must be processed promptly and accepted within three working days. Self-declarations and submitted proof are acceptable subject to post-facto verification. Bank guarantees may be waived in specified circumstances and CT-1 is not relevant under GST.

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