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Circulars
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Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16.
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Cancellation of GST registration: prescribed portal particulars must be provided and officers must accept or notify defects before rejection.
Applications for cancellation in FORM GST REG-16 may be made for specified reasons and must include mandatory particulars on the common portal; officers should accept and issue FORM GST REG-19 within 30 days except where the application is incomplete or the transferee entity is unregistered. In such exceptions the officer must give seven working days to remedy discrepancies before rejecting with recorded reasons. Payment or reversal of input tax on stock need not precede filing and may be completed in FORM GSTR-10, but ledger balances become unavailable from the claimed cancellation date except to meet liabilities up to filing the final return.
Scope of Principal-agent relationship in the context of Schedule I of the MGST Act.
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Principal-agent supply rule: invoice issuance determines GST treatment of goods transfers under Schedule I.
Schedule I deems certain transfers between principal and agent to be supplies even without consideration when the agent acts in a representative capacity. The crucial objective test is invoice issuance: if the agent issues the invoice in his own name for the onward supply, transfers from principal to agent fall within Schedule I; if the invoice to the customer is in the principal's name, Schedule I does not apply. Authority to pass or receive title on behalf of the principal is determinative.
Clarifications on refund related issues.
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Refund claim eligibility: specified category returns suffice for refund processing without requiring general outward supply returns.
Filing of FORM GSTR-1 and FORM GSTR-3B is not mandatory for refund claims by Input Service Distributors, composition taxpayers, or non-resident taxable persons; the returns prescribed for those categories (FORM GSTR-6, FORM GSTR-4, and FORM GSTR-5 respectively) suffice to support refund of electronic ledger balances.
Clarification regarding GST tax rate for Sprinkler and Drip Irrigation System including laterals
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GST rate for micro irrigation clarified: sprinklers and drip systems including laterals are covered under the reduced rate.
The circular clarifies that the Schedule II entry for sprinklers and drip irrigation including laterals covers sprinkler irrigation systems and their components (nozzles, laterals, etc.), placing micro irrigation methods within the reduced GST classification recommended by the GST Council and requiring consistent treatment in the field; implementation issues are to be reported to the Commissioner.
Clarification on export of services under GST
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Export of services under GST: outsourced foreign portion treated as export if reverse charge tax paid and RBI permits retention.
Where an Indian supplier outsources part of services to a foreign supplier for a recipient outside India, two supplies arise: the Indian supplier's supply to the recipient for the full contract value and the import of services by the Indian supplier from the foreign supplier for the outsourced portion. The Indian supplier must pay integrated tax on the imported portion under reverse charge and may claim input tax credit; the full contract value may nonetheless be treated as export if reverse charge tax is paid and RBI permits retention of part of the consideration outside India.
Clarification regarding GST tax rate for Sprinkler and Drip Irrigation System including laterals.
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GST rate for sprinkler and drip irrigation systems: uniform implementation directed for all state tax field formations.
The circular directs uniform application of the Department of Revenue, Tax Research Unit's clarification on the GST rate for sprinkler and drip irrigation systems, including laterals, and instructs all state tax field formations to follow the annexed Circular under the authority of section 168 of the Tripura State Goods and Services Tax Act, 2017.
Clarification regarding GST rates & classification (goods).
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GST rates and classification directive: field formations must follow central clarification for uniform implementation immediately.
State tax field formations are directed, under powers conferred by section 168 of the Tripura State GST Act, to follow the Department of Revenue, Tax Research Unit clarifications on GST rates and classification of goods set out in Circular No. 80/54/2018-GST dated 31-12-2018, annexed to this state circular, to ensure uniform implementation across the state.
Clarification on refund related issues.
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GST refund clarifications require adherence to central CBIC guidance to ensure uniform implementation of refund procedures.
The Chief Commissioner instructs all subordinate tax officers to follow the clarifications issued by the Department of Revenue, Central Board of Indirect Taxes and Customs, GST Policy Wing (Circular No.79/53/2018-GST) on refund-related issues, and, invoking section 168 of the Tripura State GST Act, adopts that circular for uniform implementation across the state.
Clarification on export of services under GST.
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Export of services under GST: central clarifications adopted and state authorities directed to apply uniform compliance guidance.
The state tax administration is instructed, under powers conferred by section 168 of the Tripura State Goods and Services Tax Act, 2017, to follow the clarifications on export of services set out in CBIC Circular No. 78/52/2018-GST dated 31 December 2018. The circular provides guidance on conditions, place of supply, recipient location, and documentation necessary to determine and support export of services status, and must be applied uniformly across field formations.
Denial of composition option by tax authorities and effective date thereof.
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Denial of composition option clarification adopted; tax officers instructed to apply effective-date rules uniformly across formations.
Tax officers are directed, under the State Act's administrative powers, to follow the CBIC GST Policy Wing clarification on denial of the composition scheme option and the effective date of such denial, as annexed, to ensure uniform application across field formations.
Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the CGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the CGST Act; applicability of notification No. 50/2018-Central Tax; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST.
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GST clarification on treatment of government sales, penalty leviability, debit/credit note rates and valuation-follow CBIC guidance.
The CBIC circular clarifies six GST matters: sales by government to unregistered persons; penalty leviability under section 73(11) CGST; tax rate for debit/credit notes under section 142(2) CGST; applicability of a central notification; TCS-related valuation under the Income Tax Act; and the definition of owner of goods. The Tripura State Tax administration, invoking section 168 of the Tripura SGST Act, directs all state tax officers to follow these clarifications to ensure uniform implementation within the state.
Clarification on refund related issues
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Electronic refund submission enables portal-only filing and electronic transfer to jurisdictional officer, eliminating mandatory physical submission.
Refund applications in FORM GST RFD-01A must have all supporting documents, statements and invoice lists electronically uploaded on the common portal at filing; ARN is generated only after complete electronic submission and the application is electronically transferred to and viewable by the jurisdictional proper officer. Net ITC for inverted duty refunds includes ITC availed on all inputs in the relevant period irrespective of their rates. Reversed ITC is not treated as availed for refund purposes unless subsequently re availed and the reversal undone. Refund of tax on input services and capital goods is not available under inverted duty refund rules.
Clarification on export of services under GST
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Export of services: outsourced foreign work treated as export if IGST on imported services paid and RBI permits retention.
When an Indian supplier outsources part of a contract to a foreign provider, two supplies exist: the Indian supplier's supply to the non resident recipient for the full contract value and the import of services by the Indian supplier for the outsourced portion. The Indian supplier must pay integrated tax under the reverse charge mechanism on the imported portion and may claim input tax credit. The full contract value can be treated as export of services if IGST is paid on the imported portion and RBI permits retention of part of the consideration outside India.
Denial of composition option by tax authorities and effective date thereof
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Composition scheme effective date rules clarified: withdrawal date limits and retrospective denial conditions explained.
Withdrawal from the composition scheme takes effect from the date indicated in FORM GST CMP-04 but not earlier than the commencement of the financial year in which it is filed. Denial of the composition option by the proper officer, after issue of FORM GST CMP-05 and reply in FORM GST CMP-06, must be ordered in FORM GST CMP-07 within thirty days and may be given effect prospectively or retrospectively but not prior to the date of contravention; tax, interest and penalty determination for the relevant period must be pursued under sections 73 or 74, and section 18(1)(c) governs credit on inputs held the day before the order.
Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the KGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the KGST Act; applicability of notification No. 50/2018-Central Tax; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST
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Taxability of government disposals: government departments must register and pay GST when selling to unregistered buyers.
Supply of used, seized, confiscated, old or scrap goods by government entities to unregistered persons is taxable under GST and such departments must register and pay tax subject to sections 22 and 24. Section 73(11) penalty applies only when section 73 proceedings are invoked; late filing of GSTR 3B with tax and interest paid generally does not attract that penalty though section 125 may apply. Debit/credit notes issued under section 142(2) attract GST rates under the GST Acts. TDS under section 51 applies to government controlled entities with majority participation; TCS collected under Income Tax is includible in GST value. Ownership for section 129(1) is deemed to be consignor or consignee where specified documents accompany goods, otherwise determined by the proper officer.
West Bengal Goods and Services Tax (Fourth Removal of Difficulties) Order, 2018
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Furnishing of electronic GST statements: deadline extended to end of January for operators affected by portal registration failures.
An Explanation inserted into the provision declares that operators who, owing to technical difficulties on the common portal, collected the specified amounts for October, November and December 2018 shall have the due date for furnishing the required electronic monthly statements for those months fixed as the 31st January, 2019, thereby providing a single extended deadline to address the registration-related filing impediment.
West Bengal Goods and Services Tax (Third Removal of Difficulties) Order, 2018
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Annual return filing deadline extended to late June, easing compliance for specified registered taxpayers due to portal delay.
The Order uses the removal-of-difficulties power to substitute a later date in the Explanation to section 44, thereby extending the deadline for furnishing the annual return electronically for the relevant financial year because the electronic filing system was not operational. The extension applies to registered persons generally, excluding Input Service Distributors, persons paying tax under specified provisions, casual taxable persons and non-resident taxable persons.
West Bengal Goods and Services Tax (Second Removal of Difficulties) Order, 2018
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Input tax credit extension permitted where supplier uploads return details within the revised filing window, enabling limited rectifications.
The Order inserts provisos to section 16(4) and section 37(3) to permit claiming input tax credit after the original return-filing cut-off where the supplier has uploaded the relevant details under section 37(1) within the extended period, and to allow rectification of errors or omissions in details furnished under section 37(1) during the same transitional extension, subject to payment of any tax and interest.
WEST BENGAL GOODS AND SERVICES TAX (REMOVAL OF DIFFICULTIES) ORDER, 2018
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Annual return deadline extended for affected GST period to accommodate electronic filing system delays by government order.
The Order declares that the annual return for the period from 1st July, 2017 to 31st March, 2018 shall be furnished on or before 31st March, 2019, inserting an Explanation into section 44 to extend the statutory filing timeline because the electronic return system was not yet operational, and it is deemed to have come into force from 11th December, 2018.
Procedure and Mandatory Guidelines for Uploading and Viewing Tax Audit Reports on VYAS Assessment Module (FY 2016–17 Onwards)
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Tax Audit Report upload procedure on VYAS Assessment Module requires online filing, viewing, and mandatory compliance by assessing authorities.
VYAS Assessment Module procedure is prescribed for uploading and viewing Tax Audit Reports through valid login credentials, selection of the assessment file upload menu, entry of TIN, choice of assessment year, browsing and saving the file, and use of the Register R5A/R5A entry to access the "View Tax Audit Report" and download functions where a report is available against the TIN. Tax Audit Reports for FY 2016-17 that had been prepared and sent manually are required to be uploaded on the module by 31.12.2018, and all future audit reports are to be uploaded online through the module.

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