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Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the SGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the SGST Act; applicability of notification No. 50/2018-State 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 on supplies to unregistered recipients.
Intra State and inter State disposals by government entities of used, seized or scrap goods are taxable; supplies to unregistered recipients require government departments to register and pay GST. Penalty under assessment provisions is not automatically leviable for late GSTR 3B filing where tax plus interest has been paid; a general penalty may be imposed. Debit/credit notes for pre appointed day supplies are taxed at GST rates. Entities with majority government control must deduct tax at source. TCS collected under Income Tax is includible in GST valuation. Ownership of goods for enforcement depends on accompanying documents or proper officer determination.
Certification of amounts eligible as Interest free Loan under the Karnataka Goods and Services Tax Act 2017 as incentives to the Industrial Units under Industrial Policies
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Eligible SGST replacement for VAT incentives requires certification and verification to determine interest free loan entitlement.
Certification protocol replaces VAT based interest free loans and VAT/CST reimbursements with the SGST component for periods after GST implementation. Eligible Gross SGST is drawn from outward supplies in Form GSTR 3B but excludes turnover whose SGST becomes ITC for buyers who make interstate supplies or exports, inter unit duplicate transactions, and unprocessed traded goods. Net SGST equals SGST paid in cash plus net SGST settlement (IGST credit used for SGST minus SGST credit used for IGST) as reflected in GSTR 3B. Local officers must verify returns, obtain buyer declarations, quantify eligible amounts and recommend certification to the Commissioner; over claims will be adjusted.
Clarification regarding tax payment made for supply of warehoused goods while being deposited in a customs bonded warehouse for the period July, 2017 to March, 2018.
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Tax payment for warehoused goods clarified; field officers to follow CBIC guidance ensuring uniform GST treatment.
The State directs uniform application of the Central Board's clarification on tax payment for supplies of goods deposited in a customs bonded warehouse for July 2017-March 2018, referencing Circular No. 91/10/2019-GST as the authoritative guidance and instructing all state tax field formations to follow it under state administrative powers.
Compliance of rule 46(n) of the CGST Rules, 2017 while issuing invoices in case of inter- State supply.
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Invoice compliance for inter state supplies: state tax administration directs adherence to central GST clarification to ensure uniform implementation.
The State directs field tax officers to implement the central GST policy wing's clarifications on rule 46(n) regarding invoice contents and format for inter state supplies, requiring subordinate formations to align invoice issuance practices with that guidance to ensure uniform implementation across the State.
Mentioning details of inter-State supplies made to unregistered persons in Table 3.2. of FORM GSTR-3B and Table 7B of FORM GSTR-1.
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Inter State supply reporting: inter state supplies to unregistered persons must be disclosed in the specified GST return fields.
The Tripura State Tax administration directs field officers to follow the central GST clarification requiring that details of inter State supplies made to unregistered persons be reported in the specified sections of GSTR periodic returns, to ensure uniform implementation and compliance across the State.
Notifies the date for furnishing the return in form GSTR 3B for the month of January 2019.
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Return filing deadline: GSTR-3B for January to be filed electronically by separate dates for Jammu and Kashmir taxpayers.
Inserts provisos in the cited notification prescribing that FORM GSTR-3B for January 2019 shall be furnished electronically through the common portal by 22nd February 2019 for registered persons generally, and by 28th February 2019 for registered persons whose principal place of business is in the State of Jammu and Kashmir.
Clarification regarding tax payment made for supply of warehoused goods while being deposited in a customs bonded warehouse for the period July, 2017 to March, 2018.
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Inter state supply of warehoused goods: central and state tax paid earlier treated as compliant where equal to integrated tax.
Supplies of goods deposited in customs bonded warehouses were inter state supplies, but due to lack of reporting facility on the common portal for July 2017-March 2018, suppliers reported them as intra State and paid central tax and state tax. As a one time exception, suppliers who paid central and state tax for such supplies during that period are deemed to have complied with tax payment provisions provided the sum of central and state tax paid equals the integrated tax due.
Compliance of rule 46(n) of the Goa GST Rules. 2017 while issuing invoices in case of inter- State supply.
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Place of supply requirement must be included on inter state tax invoices, failing which penal action may follow.
Tax invoices for supplies made in the course of inter State trade or commerce must specify the place of supply along with the name of the State; determination of place of supply should follow the statutory rules for goods and services, and failure to include these particulars attracts statutory penal consequences.
Mentioning details of inter-State supplies made to unregistered persons in Table 3.2. of FORM GSTR-3B and Table 7B of FORM GSTR 1.
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Inter-state supply reporting: Registered suppliers must report supplies to unregistered persons in prescribed GSTR tables.
Registered suppliers making inter State supplies to unregistered persons must report such supplies with the place of supply in Table 3.2 of FORM GSTR 3B and Table 7B of FORM GSTR 1. Non reporting in GSTR 3B prevents proper apportionment of IGST to the State of supply, produces mismatches in apportioned tax, and results in non compliance; contraventions attract penal action under section 125 of the Goa GST Act.
Clarification regarding tax payment made for supply of warehoused goods while being deposited in a customs bonded warehouse for the period July, 2017 to March, 2018
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Inter-State supply of warehoused goods: one-time exception treating equal CGST+SGST payments as compliant for the earlier period.
Supply of goods in customs bonded warehouses is treated as Inter-State supply. Due to FORM GSTR 1 reporting limitations on the common portal (July 2017-March 2018), suppliers paid central tax and state tax instead of integrated tax. As a one time administrative deeming exception, suppliers who paid central and state tax for such supplies during the period will be deemed compliant provided the sum of central and state tax equals the integrated tax otherwise payable.
Clarification regarding tax payment made for supply of warehoused goods while being deposited in a customs bonded warehouse for the period July, 2017 to March, 2018
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Inter-State supply treatment for goods in customs bonded warehouses confirmed, with one-time concession for equivalent tax paid.
Supply of goods deposited in customs bonded warehouses is treated as inter-State supply, but due to portal limitations from July 2017 to March 2018 some suppliers reported and paid central and state tax as intra-State. As a one-time administrative concession, suppliers who paid central and state tax equal in aggregate to the integrated tax due for those warehoused supplies will be deemed to have complied with tax payment obligations.
Compliance of rule 46(n) of the GGST Rules, 2017 while issuing invoices in case of inter- State supply
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Place of supply must appear on inter state tax invoices to ensure correct State tax allocation and compliance.
Registered persons supplying in the course of inter State trade or commerce must state the place of supply with the State name on the tax invoice as required by rule 46(n) of the GGST Rules and section 31 of the GGST Act; non compliance may attract penalties under sections 122 or 125. Reference is made to sections 10 and 12 of the Integrated GST Act to determine place of supply for goods and services, and implementation difficulties may be reported to the Chief Commissioner.
Mentioning details of inter-State supplies made to unregistered persons in Table 3.2 of FORM GSTR-3B and Table 7B of FORM GSTR-1
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Reporting inter State supplies to unregistered persons required; affects IGST apportionment and attracts penalty for non compliance.
Registered suppliers must report inter State supplies to unregistered persons, composition taxable persons and UIN holders in Table 3.2 of FORM GSTR 3B and report inter State supplies to unregistered persons rate wise in Table 7B of FORM GSTR 1, including the place of supply. Non reporting in Table 3.2 prevents correct IGST apportionment to the State of supply, causes mismatches in apportioned integrated tax, and attracts penal action for contravention of the Act or rules.
Mentioning details of inter-State supplies made to unregistered persons in Table 3.2 of FORM GSTR-3B and Table 7B of FORM GSTR-1
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Inter State supply reporting must appear in GSTR 3B and GSTR 1 to secure IGST apportionment; penalty for non compliance.
Registered suppliers must report inter State supplies to unregistered persons, composition taxpayers and UIN holders with place of supply in Table 3.2 of Form GSTR 3B and, where applicable, in Table 7B of Form GSTR 1. The data in Table 3.2 is used to apportion IGST to the State where supply occurs; omission leads to non apportionment and a mismatch between actual supplies and integrated tax apportioned. Consistent reporting in both returns is required and failure to comply attracts penal action under the Act.
Mentioning details of inter-State supplies made to unregistered persons in Table 3.2. of FORM GSTR-3B and Table 7B of FORM GSTR – 1
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Apportionment of IGST requires reporting inter State supplies to unregistered persons in GSTR forms to ensure correct state allocation.
Registered suppliers must report inter State supplies to unregistered persons, composition taxable persons and UIN holders in Table 3.2 of FORM GSTR 3B and rate wise inter State supplies to unregistered persons in Table 7B of FORM GSTR 1, including place of supply, because apportionment of IGST to the State depends on information in Table 3.2; non reporting causes non apportionment, mismatches in tax apportionment and attracts penal action under the Manipur GST regime.
Clarification regarding tax payment made for supply of warehoused goods while being deposited in a customs bonded warehouse for the period July,2017 to March, 2018.
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Inter-State supply of warehoused goods: CGST and SGST treated as equivalent to IGST for past portal-reporting period.
Supplies of goods held in customs bonded warehouses are inter State supplies but, from July 2017 to March 2018, portal limitations caused taxpayers to report them as intra State and pay central and state tax. As a one time administrative exception, taxpayers who paid central and state tax during that period will be treated as compliant if the combined central and state tax paid equals the integrated tax due on those supplies.
Compliance of rule 46(n) of the Assam GST Rules, 2017 while issuing invoices in case of inter-State supply.
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Place of supply must be stated with State on invoices for inter State supplies, non-compliance attracts GST penalties.
Registered persons making inter State supplies must specify the place of supply along with the name of the State on the tax invoice as required by rule 46(n) of the Assam GST Rules to ensure tax accrues to the State of consumption. The place of supply for goods and services is to be determined by reference to the Integrated GST place of supply provisions. Contravention of invoice particulars attracts penalties under the Assam GST Act; the circular is clarificatory and effective 18 February 2019.
Mentioning details of inter-State supplies made to unregistered persons in Table 3.2. of FORM GSTR-3B and Table 7B of FORM GSTR-1
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Reporting inter-State supplies to unregistered persons ensures correct IGST apportionment and avoids penalty for non-reporting.
Registered suppliers making inter-State supplies to unregistered persons must report such supplies with place of supply in Table 3.2 of FORM GSTR-3B and in Table 7B of FORM GSTR-1; IGST apportionment to the State where supply occurs is based on Table 3.2, and non-reporting leads to incorrect apportionment, mismatch in supplied quantities and apportioned integrated tax, non-compliance with apportionment obligations, and penal consequences under the Assam GST law.
Clarification regarding tax payment made for supply of warehoused goods while being deposited in a customs bonded warehouse for the period July, 2017 to March. 2018.
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Inter-State supply via bonded warehouses: suppliers paying central and state tax treated as compliant if payments equal integrated tax.
Supplies of goods deposited in customs bonded warehouses were Inter-State supply but, due to portal limitations, suppliers reported them as intra State and paid central tax and state tax instead of integrated tax. As a one-time exception, suppliers who paid central and state tax during the affected period will be deemed compliant if the total tax paid equals the integrated tax due.
Compliance of rule 46(n) of the APGST Rules, 2017 while issuing invoices in case of inter- State supply .
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Place of supply requirement: invoices for inter state supplies must state place and State, non-compliance invites penal action.
Registered persons supplying goods or services inter State must specify the place of supply and the name of the State on the tax invoice to ensure tax accrues to the State of consumption. The place of supply for goods and services is to be determined by the applicable Integrated GST place of supply rules. Non compliance with the invoice particulars requirement may attract penalty under the statute, and field officers are directed to publicize and enforce this obligation.

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