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Circulars
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e-WAYBILL UNDER GST WITH EFFECT FROM 1st February, 2018.
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e waybill commencement under GST: new electronic system from 1 February with transitional validity and cancellation rules.
New electronic e waybill system under GST will commence in West Bengal from 1 February 2018. Transitional rules: generation and use of existing waybill keys stop at midnight of 31 January 2018; waybills generated by then remain valid for entry until 15 February 2018 or until their validity expires; cancellations of unused keys and generated waybills permitted until 15 February 2018 after which unused keys are system cancelled and remaining waybills treated as used. Cancelled waybills after 31 January cannot be re generated and must be replaced by new GST e waybills. Transhipment continues until 15 February; entry without a waybill during the period is punishable under the WBGST Act.
Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports
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Export under Letter of Undertaking permitted for registered persons, subject to prescribed validity, bond and bank guarantee safeguards.
All registered persons may export goods or services without payment of integrated tax by furnishing a Letter of Undertaking (LUT), except those prosecuted in high-value tax-evasion cases. LUTs are valid for the financial year but can be withdrawn if exports are not completed within prescribed time and unpaid tax is not settled; payment restores the facility. Until electronic FORM GST RFD-11 is available, exporters must submit a physical FORM GST RFD-11 or LUT to the jurisdictional Deputy/Assistant Commissioner; bonds where required must be on stamp paper and accompanied by a bank guarantee. Self-declarations suffice for initial acceptance, which must occur within three working days or be deemed accepted.
Clarifications regarding GST on College Hostel Mess Fees
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College hostel mess food services attract GST without input tax credit, regardless of whether operated internally or outsourced.
GST applies at 5% without input tax credit to food or drink supplied through a college hostel mess or canteen for students and staff. The same tax treatment applies whether the facility is operated by the educational institution or students, or outsourced to an external contractor.
In order to clarify the records to be maintained by transporters and information to be furnished.
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Transporter recordkeeping obligations require production of transport and storage records on demand, permitting inspections and penalties.
Transporters, whether registered or not, must maintain records of goods transported, delivered, and stored in transit, including the GSTINs of registered consignors and consignees, and ensure stored goods are identifiable item wise and owner wise. Carriers of registered persons must keep true records and produce them on demand. Authorized officers have powers to inspect transporter premises and enforce compliance; other authorities must assist state tax officers. Failure to maintain or furnish records attracts statutory penalty, and obstructing officers is a punishable offence with enhanced penalty for repeat conviction.
Clarifications regarding levy of GST on accommodation services, betting and gambling in casinos, horse racing, admission to cinema, homestays, printing, legal services etc.
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GST valuation for accommodation, casino betting and horse racing applies transaction-value principles, with reverse charge for advocate services.
GST on accommodation is charged on the actual amount received, while declared tariff determines the applicable rate slab. Casino entry and gambling are separate taxable supplies, with gambling and horse-racing GST calculated on total bet value. Below-threshold accommodation providers using electronic commerce operators need not register where the operator pays GST. Sale of books is a supply of goods where the supplier owns and may sell them on its own account. Legal services supplied by advocates to business entities are taxable under reverse charge, payable by the recipient.
Instructions for Survey and Verification of Newly Registered and Migrated GST Traders
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GST trader verification instructions require geo-tagged surveys, turnover-based checks, and REG-30 compliance for new and migrated registrants.
Instructions were issued for the survey and verification of newly registered and migrated GST traders through employee-led checks, handheld devices, and mobile-app-based photography with geo-location capture. Traders not operating at the declared address, traders who migrated to GST and later cancelled registration, traders who did not migrate, and cancelled service tax registrants found carrying on business were all to be identified and checked under prescribed turnover thresholds and timelines. Newly registered e-way bill users and low-tax traders were also assigned for verification in REG-30 format under GST rules.
Manual filing and processing of refund claims on account of inverted duty structure, deemed exports and excess balance in electronic cash ledger- Reg.
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GST refund processing requires manual applications, prescribed undertakings, inter-authority payment coordination, and bars credit refunds where drawback is availed.
Manual GST refund processing applies to accumulated input tax credit from inverted duty structure, deemed exports and excess electronic cash ledger balances until the portal module is available. Applications in FORM GST RFD-01A require prescribed periodic returns, supporting statements and, where applicable, undertakings. Deemed-export claims may be made by the supplier or recipient subject to reciprocal non-claim undertakings. Rejected debits are re-credited to the electronic credit ledger, while Central and State tax authorities coordinate payment of their respective sanctioned components. Accumulated input tax credit refund is unavailable where GST drawback has been availed.
In order to delegates the power to all the Officers not below the rank of Deputy Assistant Commissioner of State Tax in the Divisions and in the Enforcement Wing.
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Delegation of Powers: authorises officers not below Deputy Assistant Commissioner to exercise assessment and penalty powers under the GST Act.
The Chief Commissioner, invoking sub section (3) of Section 5 of the Andhra Pradesh Goods and Services Tax Act, 2017, delegates to all officers not below the rank of Deputy Assistant Commissioner of State Tax in the Divisions and in the Enforcement Wing the power to exercise the powers contained in sub section (12) of Section 67 and sub section (1) of Section 122 of the Andhra Pradesh GST Act; these orders take effect immediately.
In order to clarify the procedure on procurement of supplies of goods from dta by export-oriented unit (EOU)/electronic hardware technology park (EHTP) unit/software technology park (STP) unit/bio-technology parks (BTP) unit under deemed export benefits under section 147 of the andhra pradesh gst act, 2017
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Deemed export supplies: prior intimation, endorsed tax invoices and digital records enable tax refund claims by supplier or recipient.
Supplies by registered persons to EOU/EHTP/STP/BTP units are treated as deemed exports under Section 147 of the APGST Act, 2017, with refund of tax paid claimable by either supplier or recipient. The recipient must give prior intimation in Form A to the supplier and relevant jurisdictional Assistant Commissioners; the supplier issues a tax invoice which the recipient endorses and forwards as proof. Recipient units must maintain mandatory digital records per Form B with an audit trail and submit a monthly digital copy to the jurisdictional Assistant Commissioner by the tenth day of the following month.
Clarification on issues related to furnishing of Bond/Letter of Undertaking for Exports
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Eligibility for Letter of Undertaking expanded to suppliers meeting foreign remittance criteria permitting LUT in place of bond for exports.
Clarification sets out that a Letter of Undertaking (LUT) for zero rating exports is available to any registered person meeting specified foreign inward remittance thresholds or to status holders regardless of thresholds; LUTs/bonds must be accepted within three working days, supplies to EOUs and merchant exporter purchases are taxable unless exported by the actual exporter under LUT or IGST payment, bank guarantees may be limited or waived on grounds such as export promotion council registration or aggregation of remittances across state registrations, and self declarations and submitted proof are to be accepted unless contrary evidence exists.
Procedure regarding procurement of supplies of goods from DTA by Export Oriented Unit (EOU) / Electronic Hardware Technology Park (EHTP) Unit / Software Technology Park (STP) Unit / Bio-Technology Parks (BTP) Unit under deemed export benefits under section 147 of APGST Act, 2017
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Deemed export treatment for supplies to EOUs allows refund claims by supplier or recipient under prescribed procedures.
Supplies to EOU/EHTP/STP/BTP units are treated as deemed exports permitting refund claims by supplier or recipient; recipients must give prior intimation in Form A to supplier and both jurisdictional Assistant Commissioners, suppliers issue tax invoices which recipients endorse and circulate as proof, and recipients must maintain Form B based digital records with an audit trail and submit monthly digital transaction copies to the jurisdictional Assistant Commissioner by the tenth of the following month.
System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B
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GST return reconciliation: system matches GSTR-1/2 to GSTR-3B, requiring additional ledger debits or ITC credits as needed.
System-based reconciliation requires suppliers to file FORM GSTR-1 and recipients to finalise FORM GSTR-2 using auto-populated FORM GSTR-2A; the portal auto-drafts FORM GSTR-3 and computes revised tax payable in Table 12. Where reconciled tax payable exceeds payments shown in FORM GSTR-3B, additional tax must be paid by debiting the electronic cash or credit ledger with interest under section 49; excess eligible ITC in FORM GSTR-2 is credited to the electronic credit ledger upon submission of FORM GSTR-3 and may be applied to increased tax liabilities.
Instructions for Creation of Zonal Data Analysis Cells for GST Data Analysis and Monitoring of ITC Claims
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GST data analysis cells to monitor ITC claims, detect bogus transactions, and record enforcement actions online.
Instructions require each zone to constitute a Data Analysis Cell under the Zonal Additional Commissioner for systematic analysis of GST data relating to online registration, migration, GSTR-3B and other returns, and departmental e-way bill information. The cell is to identify possible tax evasion, incorrect ITC claims, and bogus transactions, and submit reports for further zonal consideration. The instructions also require soft copy reporting by e-mail and online recording of innovative enforcement actions through the departmental portal using specified modules.
Procedure for Action on Adverse Tax Audit Reports and Submission of Year-wise Information by Joint Commissioner (Tax Audit)
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Adverse tax audit reports trigger verification of assessment orders, reporting to higher authority, and compliance-driven administrative review.
Instructions were issued for action on adverse tax audit reports. The Joint Commissioner (Tax Audit) must verify whether turnover and tax in the assessment order match the facts in the audit report. If they match, the order is to be placed on the audit file. If they do not match, a clear factual report must be sent to the Zonal Additional Commissioner, who will examine the matter, direct lawful action, and consider administrative action against the officer. Year-wise information in the prescribed format was also required.
Filling of Returns under GST
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GST return filing: calendar, periodicity rules, reduced late fees, edit-before-offset requirement and staged correction mechanisms.
The circular clarifies GST return filing periodicity and due dates for FORM GSTR-1, GSTR-3B and composition returns, confirms self-assessment of aggregate turnover to determine quarterly GSTR-1 eligibility up to Rs. 1.5 Crore, fixes reduced late fees for October onward, keeps system reconciliation with GSTR-2/GSTR-3 in abeyance pending notification, prohibits negative historic entries in GSTR-3B, allows editing of GSTR-3B only before offsetting liabilities, and provides staged operational remedies (edit facility, cash challan FORM GST PMT-06, subsequent adjustments or refunds, and reversal/payment with interest) for common filing errors.
Regarding clarification about the rate of tax on items of HSN 6802
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GST rate differentiation for HSN 6802: ornamental stone goods taxed at lower rate, worked monumental stone at higher rate.
Clarification distinguishes HSN 6802 items: ornamental goods essentially of stone (including statues, statuettes, pedestals, reliefs, figures, bowls, vases, cups, writing sets, ashtrays, paper weights, artificial fruit and foliage) are allocated to the lower scheduled rate entry, while worked monumental or building stone, mosaic cubes and artificially coloured granules, chippings and powder of natural stone are allocated to the higher scheduled rate entry; joint commissioners must ensure compliance and notify the business community.
Manual Issuance of Form-C for Closed Firms with Turnover Above ₹25 Lakh (Commercial Tax Department, Uttar Pradesh Circular – 01 January 2018)
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Manual Form-C issuance for closed firms addresses online generation difficulties for pre-closure central transactions.
Manual printed Form-C is to be issued from the tax assessment office for closed firms having turnover above 25 lakh where online generation is not possible. The facility applies to central transactions undertaken before closure of the firm, and information regarding each manual Form-C issued must be sent to headquarters without delay. The circular also notes that this facility was already available for traders with turnover below 25 lakh.
Manual filing and processing of claim of refund of excess balance in electronic cash ledger.
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Refund of excess balance in electronic cash ledger: file FORM GST RFD-01A manually; acknowledgment or deficiency within 15 days.
Refunds of excess balance in the electronic cash ledger must be filed manually in FORM GST RFD-01A monthly; applications are prepared on the common portal, submitted with EVC/DSC to generate an ARN, and the printed FORM with ARN must be submitted to the designated Joint Commissioner or head of location. The nodal officer will verify ledger balance, adjust outstanding IGST/CGST/SGST/cess, and issue FORM-RFD-02 or FORM-RFD-03 within 15 days; a single deficiency memo is permitted and unresolved deficiencies within thirty days lead to re-credit by FORM GST PMT-03 and FORM GST RFD-01B.

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