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Clarification on the entitlement of ITC where the place of supply is determined in terms of the proviso to section 12(8) of the IGST Act, 2017
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Place of supply for export-bound transportation services: foreign destination triggers IGST and permits recipient's ITC if conditions met.
The place of supply for transportation services of goods destined outside India is the foreign destination; such supplies are treated as inter-State supplies and IGST is chargeable, and the recipient located in India may avail input tax credit of the IGST subject to conditions in sections 16 and 17 of the APGST Act.
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: certification permitted to validate ITC differences when supplier records do not reflect supplies.
Discrepancies between ITC claimed in FORM GSTR-3B and amounts in FORM GSTR-2A for FY 2017 18 and 2018 19 must be resolved by obtaining invoice details and verifying Section 16 conditions (invoice possession, receipt of supplies, payment to supplier), assessing need for reversals and timeliness, and requiring documentary certification: a CA/CMA certificate with UDIN where the per supplier yearly difference exceeds the prescribed threshold, or a supplier's declaration where it does not. The guidance applies to ongoing or pending proceedings and to bonafide reporting errors.
Delegate power under section 84 to all Additional Commissioner adm.
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Delegation of rectification powers enables Zonal Additional Commissioners to exercise statutory authority under the Rajasthan GST framework immediately.
The Chief Commissioner, State Tax, Rajasthan, delegates the powers under section 84 of the Rajasthan Goods and Services Tax Act, 2017 to all Zonal Additional Commissioners (Administration), exercising authority under sub-section (3) of section 5. The delegation takes effect immediately.
Prescribing manner of filing an application for refund by unregistered persons
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Refund applications by unregistered persons must follow prescribed GST guidelines to ensure uniform filing and administrative implementation.
Refund applications by unregistered persons are to be filed in the prescribed manner under the adopted GST guidelines. State tax field formations must follow those guidelines to ensure uniform implementation of refund procedures for unregistered persons.
Clarification on various issue pertaining to GST
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Uniform GST implementation requires State Tax officers to follow annexed central clarification guidelines on various GST issues.
Uniform implementation of the Tripura State Goods and Services Tax Act is directed through adoption of the annexed central GST clarification on various GST issues. State tax officers are instructed to follow the guidelines to ensure consistency in administration across field formations. The instruction applies to designated State Tax officers and treats the annexed clarification as operative guidance for GST implementation.
Clarification with regard to applicability of provisions of section 75(2) of Central Goods and Services Tax Act, 2017 and its effect on limitation
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Limitation for redetermination under section 75(2) clarified: re determination limited to amounts within non fraud time bars.
When an appellate authority directs treating a fraud based show cause notice as a non fraud notice, the proper officer must re determine tax, interest and penalty deeming the notice issued under the non fraud provision and issue the re determination order within two years from communication of that direction. Re determination is limited to amounts for which the original notice was issued within the non fraud time bar; amounts where the original notice was issued beyond that time limit are time barred and the proceeding must be dropped.
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
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Place of supply determined as foreign destination makes transportation services inter-state and IGST credit claimable subject to input credit conditions.
When both supplier and recipient are in India but goods are transported to a place outside India, the place of supply is the foreign destination; the supply is an inter-State supply attracting integrated tax, and the recipient in India may claim input tax credit of that integrated tax subject to the statutory eligibility and apportionment/blocked-credit conditions. The supplier must report the place of supply as foreign in the outward supplies return.
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 discrepancy procedure: verify documentary ITC conditions and require professional or supplier certification before adjustment.
Clarification prescribes that where ITC claimed in FORM GSTR-3B does not appear in FORM GSTR-2A for FY 2017-18 and 2018-19, proper officers must obtain invoice details and verify statutory ITC conditions-possession of tax invoice or documents, receipt of goods or services, payment to the supplier, applicability of reversals and timeliness of claim-and require certification from Chartered/Cost Accountants with UDIN or supplier certificates as specified; guidance is limited to bona fide reporting errors and applies only to ongoing proceedings and pending adjudications or appeals.
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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Operational debt treatment under insolvency: reduced GST demands must be notified and recovery limited to the reduced amount.
Where insolvency proceedings under the IBC finalise and reduce statutory GST dues previously the subject of a confirmed demand summarized in GST DRC-07/07A, the Commissioner shall notify the taxable person and the authority handling recovery by issuing GST Form DRC-25 reflecting the reduction; recovery proceedings may continue only in respect of the reduced amount, and pre-CIRP dues are to be treated as operational debt adjudicated within insolvency proceedings.
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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Treatment of statutory dues under insolvency: reduced GST demands must be intimated and recovery continued only for the reduced amount.
Where insolvency proceedings finalised against a corporate debtor reduce statutory GST dues for which a confirmed demand and recovery summary (Form GST DRC-07/DRC-07A) has been issued, the jurisdictional Commissioner shall issue an intimation in Form GST DRC-25 to the taxpayer and the authority conducting recovery, and recovery proceedings may be continued only in relation to the reduced amount, in accordance with Rule 161.
Clarification on various issue pertaining to GST
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No Claim Bonus under GST clarified as an admissible pre-disclosed discount reducing taxable insurance premium.
NCB granted by insurers is not consideration from the insured for refraining from claims. Where NCB is pre-disclosed in the policy and shown in the invoice, it qualifies as an admissible discount under clause (a) of sub section (3) of section 15 of the KGST Act and may be deducted from gross premium; GST is leviable on the premium payable after deduction of the NCB recorded in the invoice. The e invoicing exemption in the cited notification applies to the exempted entity as a whole for all its supplies.
Clarification with regard to applicability of provisions of section 75(2) of Karnataka Goods and Services Tax Act, 2017 and its effect on limitation
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Limitation on GST redetermination: officer must recompute tax within prescribed time and confined to timely-issued notices.
Where an appellate authority or court directs that a fraud-based show cause notice be treated as an ordinary-demand notice, the proper officer must re-determine tax, interest and penalty in accordance with the ordinary-demand provisions, issue the redetermination order within two years of communication of the appellate direction, and confine recomputation to amounts for which the original show cause was issued within the ordinary-demand limitation period; amounts outside that limitation must be dropped as time-barred.
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 discrepancies: procedures to verify ITC claims where GSTR-3B exceeds GSTR-2A, requiring documentary certification.
Clarification directs that discrepancies between ITC claimed in Form GSTR-3B and amounts in Form GSTR-2A for FY 2017 18 and 2018 19 arising from supplier reporting errors be examined by the proper officer for fulfilment of ITC eligibility: possession of tax invoice, receipt of goods or services, payment of value and tax, timeliness, and any required reversals. Verification of supplier tax payment requires a UDIN bearing certificate from a Chartered or Cost Accountant in larger cases, or a supplier certificate in smaller cases. The guidance is case specific, limited to bona fide errors and ongoing proceedings for the two years.
Corrigendum of the circular no. 2223067 dated 02-01-2023
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Correction of statutory reference: Uttar Pradesh GST Act should replace Central GST Act in the earlier circular.
The corrigendum rectifies Computer Circular No. 2223067 dated 02-01-2023 by replacing the incorrect reference to the Central Goods and Services Tax Act, 2017 in the second line of the subject with the Uttar Pradesh Goods and Services Tax Act, 2017, and declares that the amended reading is effective from the original circular's date.
Clarification on various issue pertaining to GST
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No Claim Bonus tax treatment clarified: NCB is not consideration and is deductible from premium when invoiced, affecting GST.
No Claim Bonus is not consideration from the insured to the insurer for refraining from claims. Where NCB is pre-disclosed and specifically stated on the invoice, it qualifies as a deductible discount under clause (a) of sub section (3) of section 15 of the TNGST Act, and GST is chargeable on the premium after deduction of NCB. The e invoicing exemption afforded by the cited Tamil Nadu notification applies to the entity as a whole and covers all supplies made by that entity.
Clarification with regard to applicability of provisions of section 75(2) of Tamil Nadu Goods and Services Tax Act, 2017 and its effect on limitation
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Re-determination under section 75: proper officer must re-compute tax per section 73 within prescribed limitation periods.
When an appellate body deems a section 74 notice unsustainable and directs reclassification as a section 73 notice, the proper officer must issue the redetermination order within two years of communication of that direction and compute tax, interest and penalty by applying section 73(2) read with section 73(10); only amounts for which the original show cause notice was issued within the time permitted under section 73 can be re-determined, and amounts covered by notices issued beyond that limitation must be dropped.
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
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Place of supply rules: transportation to foreign destination treated as foreign place of supply; IGST payable and ITC claimable.
Where transportation of goods by way of service is to a destination outside India and both supplier and recipient are located in India, the place of supply is the foreign destination. Such supply is an inter State supply and IGST is chargeable. The recipient located in India is eligible to claim input tax credit of the IGST charged subject to the conditions of sections 16 and 17 of the TNGST Act. Suppliers must report the place of supply in GSTR 1 using State code '96 Foreign Country'.
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: procedures to verify ITC claimed in GSTR 3B when not reflected in GSTR 2A, including documentary proof requirements.
Procedure to resolve differences between ITC claimed in FORM GSTR 3B and ITC appearing in FORM GSTR 2A for FY 2017 18 and 2018 19: proper officers must obtain invoice details and verify Section 16 eligibility (possession of tax invoice, receipt of goods/services, payment to supplier), check reversals under Sections 17/18 and timeliness under Section 16(4). To verify supplier tax payment, higher-value discrepancies require a CA/CMA certificate with UDIN, while lower-value discrepancies may be substantiated by a supplier declaration. Guidance applies to bona fide errors and ongoing proceedings only.
Prescribing manner of filing an application for refund by unregistered persons.
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GST refunds for unregistered recipients permit recovery of tax on cancelled supplies when credit notes are unavailable.
Unregistered recipients may seek GST refund for tax borne on cancelled construction-service agreements or terminated long-term insurance policies only when the period for supplier-issued credit notes has expired. The applicant must obtain temporary registration, complete Aadhaar authentication, file FORM GST RFD-01 with statement 8, supplier certification and supporting evidence, and use a PAN-linked bank account. The supplier's cancellation letter determines the relevant date for incomplete long-term supplies. Refund is limited to invoice tax and, where consideration is partly returned, to proportionate tax.
Clarification on various issue pertaining to GST.
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No Claim Bonus reduces taxable insurance premium, while e-invoice exemption applies across all supplies made by an exempt entity.
No Claim Bonus does not represent consideration for a supply by the insured, since the insured is not contractually obliged to refrain from making an insurance claim. Where disclosed in the policy and recorded in the invoice, No Claim Bonus is an admissible discount for valuing insurance services, and GST applies to the premium payable after that deduction. The exemption from mandatory e-invoicing for specified entities applies to the entity as a whole, covering all its supplies of goods and services.

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