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Circulars
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51/2018 - 22-11-2018 GST - States
Circular to clarify the procedure in respect of return of time expired drugs or medicines
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Return of time expired goods: treat as fresh supply or issue credit note with differing Input Tax Credit consequences.
Registered taxpayers (other than composition taxpayers) may treat return of time expired goods as a fresh supply by issuing an invoice, enabling the recipient to claim ITC subject to Section 16. Composition taxpayers must issue a bill of supply and pay composition tax on return with no ITC to recipient; unregistered persons may use a commercial document without charging tax. Alternatively, a supplier may issue a credit note under Section 34; if issued within the statutory time limit tax may be adjusted provided the recipient has not availed or has reversed ITC, whereas credit notes beyond the time limit cannot be used to adjust tax or need portal declaration. If returned goods are destroyed, the manufacturer must reverse ITC as prescribed.
50/2018 - 22-11-2018 GST - States
Clarifications of issues under GST related to casual taxable person and recovery of excess Input Tax Credit distributed by an Input Service distributor.
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Casual taxable person advance tax should account for eligible input tax credit, affecting registration deposit.
Advance tax deposit by a casual taxable person must be calculated on the estimated net tax liability after accounting for eligible input tax credit; long-running exhibitions beyond the casual period require normal registration with allotment letter as place-of-business proof and no advance tax at registration, with option to surrender after the exhibition. Excess credit distributed by an Input Service Distributor must be recovered from recipients with interest and penalty; recipients may repay voluntarily via FORM GST DRC-03, otherwise recovery proceedings may be initiated and FORM GST DRC-07 used, and the ISD faces a general statutory penalty for wrongful distribution.
49/2018 - 22-11-2018 GST - States
Clarification on certain issues related to refund.
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Refund procedure after deficiency memo: re-credit of electronic credit ledger not required and rectified application accepted under same ARN.
Where a deficiency memo in FORM GST RFD-03 is issued, taxpayers must submit rectified refund applications under the original ARN and re-credit to the electronic credit ledger via FORM GST RFD-01B is not required presently; exporters who imported inputs or capital goods under the specified customs notifications may claim IGST refund until the later notification, whereas post-notification importers under those notifications are excluded but recipients of capital goods under the EPCG Scheme remain eligible.
48/2018 - 22-11-2018 GST - States
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of GST registration: officers must accept complete REG-16 applications and issue cancellation from applicant's requested date.
Processing of cancellation applications in FORM GST REG-16 requires officers to accept complete applications and issue cancellation orders in FORM GST REG-19 with the effective date matching the applicant's requested date (not earlier than the application date). The portal requires specified particulars including reason and date of cancellation, stock and tax details, transferee registration particulars where applicable, and last return ARN; incomplete applications warrant a written query with seven working days for reply before system rejection with recorded reasons. Cancellation does not relieve prior or subsequent liabilities and affected taxpayers must file a final return and discharge any residual output tax liability.
47/2018 - 22-11-2018 GST - States
GST on Residential programmes or camps meant for advancement of religion, spirituality or yoga by religious and charitable trusts.
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GST exemption for religious and yoga residential programmes applies when primary purpose is spiritual advancement, otherwise services are taxable.
Fees charged by entities registered under Section 12AA for participation in residential programmes or camps meant for advancement of religion, spirituality or yoga, including amounts covering lodging and boarding, are exempt where the primary and predominant purpose is advancement of religion, spirituality or yoga; provision of accommodation or food primarily for consideration and activities like fitness, aerobics, dance or music are taxable.
Guidelines for Deductions and Deposits of TDS by the DDO under Meghalaya Goods and Services Tax (MGST) Act, 2017.
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Tax Deduction at Source under MGST Act: procedures for DDOs to deduct, deposit and report TDS monthly.
DDOs must register on the GST portal, deduct TDS at the prescribed rate from supplier payments, book deductions to the designated Suspense Head, and periodically aggregate and remit those amounts via CPIN generated on GSTN using NEFT/RTGS or OTC. Upon payment a CIN is received and credited to the electronic Cash Ledger; DDOs must maintain records (Annexure A), file FORM GSTR-7 by the 10th of the following month, and issue TDS certificates in FORM GSTR-7A to deductees.
Scope of Principal-agent relationship in the context of Schedule I of the HPGST Act.
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Principal-agent relationship under GST: invoice issuance determines whether agent's transfer is a representative supply and triggers registration.
Schedule I treats transfers of goods between principal and agent as supply without consideration when the agent supplies or receives goods on behalf of the principal; the decisive criterion is whether the agent issues the invoice in his own name and thereby exercises authority to transfer or receive title. If invoices are issued in the principal's name and the agent only facilitates procurement or auctioneering, the entry does not apply. Possession, invoicing practice and authority to pass title determine Schedule I applicability and ensuing registration liability.
Scope of principal and agent relationship under Schedule I of HPGST Act, 2017 in the context of del-credre agent.
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Agent status determines tax treatment of credit: interest included in taxable value when agent issues the invoice.
Agent status depends on invoicing: if the supplier issues the invoice, the del credre agent is not an agent and the short term loan provided by the DCA is an independent supply; interest charged by the DCA is not included in the supplier's goods value. If the DCA issues the invoice and acts as agent, the credit extended is subsumed into the supply of goods by the DCA and interest charged must be included in the transaction value of those goods under GST valuation rules.
Collection of tax at source by Tea Board of India.
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Tax collection at source requires Tea Board to collect TCS from sellers and auctioneers under GST.
The Tea Board, as operator of an electronic auction platform using an escrow mechanism, must collect Tax Collected at Source (TCS) separately: from sellers (tea producers) on the net value of supply of goods (tea) and from auctioneers on the net value of supply of services (brokerage).
Pecuniary limits for the category of proper officers
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Pecuniary limits for GST officers set jurisdictional thresholds, allocating show cause and assessment powers under sections 73 and 74.
The Commissioner exercises statutory authority to fix pecuniary limits allocating jurisdiction to designated proper officers for issuance of show-cause notices and for assessment, including determination of tax under the Act's specified provisions; a two-entry table assigns lower-cadre jurisdiction up to a turnover threshold and higher-cadre jurisdiction beyond that threshold, superseding an earlier office order.
Circular to clarify the procedure in respect of return of time expired drugs or medicines
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Return of time expired goods: options to treat returns as fresh supplies or by credit note, affecting input tax credit entitlement.
Return of time-expired pharmaceutical goods may be treated either as a fresh supply-where a registered non-composition taxpayer issues an invoice and the recipient may claim Input Tax Credit subject to Section 16, or as a return effected by issuance of a credit note under section 34, with tax adjustment available only if the credit note is issued within the statutory time limit and the recipient has not availed or has reversed ITC. Destruction of returned goods requires reversal of ITC under clause (h) of sub section (5) of section 17, applied to the ITC claimed on the return transaction or attributable to manufacture as appropriate.
Clarifications of issues under GST related to casual taxable person and recovery of excess Input Tax Credit distributed by an Input Service distributor.
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Advance tax for casual taxable persons must reflect eligible input tax credit, affecting registration deposit requirements.
Advance tax for registration as a casual taxable person must be calculated on the estimated net tax liability after accounting for eligible Input Tax Credit. Persons operating long exhibitions beyond the permissible CTP period must register as normal taxable persons using allotment/consent letters as proof and need not pay casual-person advance tax at that registration. Where an Input Service Distributor distributes excess credit contrary to provisions, the excess plus interest and penalty is recoverable from recipient units; recipients may voluntarily deposit via FORM GST DRC-03, otherwise recovery proceedings may be initiated and FORM GST DRC-07 used, and the ISD attracts general penalty provisions.
Clarification on certain issues related to refund.
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Refund of IGST on exports: EPCG recipients may claim refunds while portal rules govern rectified applications under original ARNs.
When a deficiency memo in FORM GST RFD-03 is issued, taxpayers must submit the rectified refund application under the original ARN because the portal currently disallows filing a fresh application; accordingly, re-crediting the electronic credit ledger using FORM GST RFD-01B is not required at this time. Amendments permit exporters receiving capital goods under the EPCG Scheme to claim refund of IGST on exports, while import-based eligibility under certain customs notifications remains limited prospectively as set out by the subsequent state notification.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of registration: procedural requirements and final return obligations govern post deregistration tax liabilities and reversals.
Applications for cancellation of registration in FORM GST REG-16 are permitted for specified events; the portal mandates contact, reason, effective date, stock and tax details, transfer particulars and last return ARN. Proper officers must accept complete applications and issue FORM GST REG-19 within 30 days, except where incomplete or where the transferee is unregistered; in those cases a seven working day query and opportunity to be heard are required. Cancellation does not affect liabilities: a final return in FORM GSTR-10 must be filed and input tax credit or output tax on stock debited as required, with notice and assessment consequences for non compliance.
Clarification on certain issues related to refund.
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Refund procedure: portal limits require rectified refund applications to be submitted under the original ARN; re-credit deferred.
Where a deficiency memo is issued against a refund claim, rectified refund applications must be submitted under the original ARN because the portal currently prevents new filings; re-credit to the electronic credit ledger via FORM GST RFD-01B need not be carried out at issuance of the deficiency memo. Separately, amendments permit certain exporters who imported inputs or capital goods or received capital goods under the EPCG scheme to claim IGST refund on exports within the specified temporal scope, with earlier circulars on the subject being superseded.
Scope of principal and agent relationship under Schedule I of JKGST Act, 2017 in the context of del-credre agent
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Del credere agent status determines whether credit interest is included in the GST value of supply under valuation rules.
Scope of the principal agent relationship under Schedule I hinges on invoicing: if the supplier issues the invoice the DCA is not an agent, if the DCA issues the invoice in his own name he is an agent. If not an agent, the short term credit extended by the DCA is an independent supply of financial services and interest charged is not part of the value of the supplier's goods. If the DCA is an agent and pays the principal on buyer's behalf, the credit is subsumed into the DCA's supply of goods and interest must be included in the value of those goods under the valuation provisions.
Circular to clarify the procedure in respect of return of time expired drugs or medicines
Show AI Summary
Return of time expired medicines: two GST options-treat as fresh supply with ITC or use credit note with time limit consequences.
Registered persons (other than composition taxpayers) may return time expired goods as a return supply by issuing an invoice and allowing the recipient to claim ITC subject to Section 16; composition taxpayers must issue a bill of supply with no ITC available to the recipient; unregistered persons may use a commercial document without charging tax. Alternatively, suppliers may issue credit notes under Section 34: if within the statutory time limit tax liability can be adjusted provided recipient has not availed or has reversed ITC; if beyond the time limit, adjustment and portal reporting are not permitted. Destruction of returned goods triggers ITC reversal rules specific to the method used.
Clarifications of issues under GST related to casual taxable person and recovery of excess Input Tax Credit distributed by an Input Service distributor
Show AI Summary
Advance tax for casual taxable person must be calculated after eligible input tax credit; long exhibitions require normal registration.
Advance tax for registration of a Casual Taxable Person must be calculated after accounting for due eligible input tax credit; long-running exhibitions cannot be treated as casual taxable persons and require normal registration with allotment letter as proof, without advance tax, and surrenderable after the event. If an Input Service Distributor distributes excess credit in contravention of distribution rules, the excess is recoverable from recipient units with interest and penalty, payable voluntarily via FORM GST DRC-03 or recovered through assessment proceedings using FORM GST DRC-07, and the ISD is liable to general penalty.
Clarification on certain issues related refund
Show AI Summary
Refund eligibility: rectified refund applications accepted under original ARN when a deficiency memo is issued, without re credit.
Where a deficiency memo is issued against a refund claim, taxpayers must submit rectified refund applications under the original ARN because the portal does not permit filing a fresh application for the same period; re crediting the electronic credit ledger via FORM GST RFD 01B is not required at present, and authorities will accept the amended application under the earlier ARN, with a separate clarification to follow for cases where re crediting was already performed.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of registration: procedural filing in REG-16 triggers acceptance unless incomplete, with final return and tax reversal obligations following.
Cancellation of registration under section 29 and rule 20 is initiated via FORM GST REG-16 with mandatory portal particulars; the proper officer must accept and issue cancellation in FORM GST REG-19 within thirty days except where the application is incomplete or a transferee entity is unregistered, in which case the officer gives seven working days to rectify before approving or rejecting. A final return in FORM GSTR-10 must be filed within three months of cancellation and liabilities under section 29(5) discharged by debiting electronic credit or cash ledger (or paid in cash), with ledger debits not being a prerequisite to filing REG-16.

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