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Clarification regarding optional filing of annual return under notification No. 47/2019-State Tax dated 10th October, 2019
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Optional annual return filing allowed for eligible small taxpayers; portal closes submissions after the due date.
Notification 47/2019 makes annual return filing optional for eligible small registered persons for the specified years; composition taxpayers may optionally file FORM GSTR-9A and other registered persons may optionally file FORM GSTR-9 before the due date, after which the common portal will not permit filings for those periods. Taxpayers may self-assess and pay any short-paid tax or ineligible input tax credit at any time under section 73 using FORM GST DRC-03.
Jurisdiction of Officers posted in Bureau of Investigation
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Jurisdiction of tax investigators extended to specified headquarters and zones, enabling enforcement where goods or vehicles are intercepted.
The order specifies jurisdiction for Bureau of Investigation officers: Headquarters and Zonal officers are assigned detailed territorial authority over specified circles, charges and the Large Taxpayer Unit for enforcement relating to business, storage and transportation of goods. Officers may enforce against any person or transporter whose goods or vehicle are intercepted within their territorial jurisdiction regardless of the transporter's principal place of business. For investigation purposes, including ITC investigation, officers have statewide jurisdiction insofar as investigations concern taxpayers whose principal place of business falls under the officer's territorial jurisdiction.
Jurisdiction of Officers posted in Charge Offices
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Territorial jurisdiction: charge-office officers may enforce movement-of-goods provisions against taxpayers irrespective of their local assignment.
Officers posted in a Charge Office are to exercise territorial jurisdiction corresponding to the Charge Office's territorial limits, and for enforcement relating to movement of goods they may exercise jurisdiction over any taxpayer involved in supply, receipt or transportation of goods within the State irrespective of the taxpayer's specific local jurisdictional assignment.
Jurisdiction of Officers posted in Circle Offices
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Territorial jurisdiction clarified for circle-office tax officers establishing operative boundaries for officers posted in Circle Offices.
The Senior Joint Commissioner of State Tax, the Joint Commissioner of State Tax, the Deputy Commissioner of State Tax, the Assistant Commissioner of State Tax and the State Tax Officer posted in a Circle Office shall exercise jurisdiction over the territorial jurisdiction of the respective Circle Office; the Order supersedes the earlier Order No.01/WBGST/PRO/17-18 to the extent inconsistent and takes effect from the commencement date stated therein.
Specification of Area-wise Jurisdiction of Tax Officers and Wards under the Delhi GST Act, 2017
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GST jurisdiction allocation assigns taxpayers to geographic, sectoral, service, and e-commerce wards, with residual-area and transition rules.
Delhi GST jurisdiction is allocated through territorial wards in Zones 1 to 9, with specified localities, markets, industrial areas and commercial centres assigned to individual wards. Dedicated jurisdiction applies throughout Delhi for e-commerce and for identified high-taxpayer sectors. Special-zone wards cover taxpayers supplying works contract or services according to the relevant territorial zones, while a separate ward covers the right to use goods. Unspecified areas fall within the nearest ward, and taxpayers continue in existing wards until transferred under the revised allocation.
Clarification on applicability of GST exemption to the DG Shipping approved maritime courses conducted by Maritime Training Institutes of India
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GST exemption for maritime training courses affirmed where courses yield statutory qualifications, subject to notification conditions.
Maritime training institutes and their Director General of Shipping-approved courses constitute educational institutions under GST because they provide education as part of a curriculum leading to qualifications recognised by law; consequently, services supplied by such institutes are exempt from GST subject to the conditions in the applicable exemption notification, with the position applying mutatis mutandis to corresponding IGST, UTGST and SGST entries.
Levy of GST on the service of display of name or placing of name plates of the donor in the premises of charitable organisations receiving donation or gifts from individual donors
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GST liability on donor acknowledgements depends on absence of advertising and lack of quid pro quo.
Where a charitable organisation places a donor's name on its premises solely as an expression of gratitude or public recognition, without reference to the donor's business and without any obligation to provide a service in return, there is no supply for consideration and GST liability does not arise. The exclusion applies when the recipient is a charitable institution, the payment retains the character of a gift or donation, and the acknowledgement is philanthropic and not advertising.
Amendment to Order No. 05/WBGST/PRO/2019 dated 27.07.2019 regarding Appellate Authority under GST
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Appellate Authority designation changes: modifications to specified appointments and removal of certain entries under state GST appellate table.
Modifies the roster of Appellate Authority appointments by corrigendum and substitutions to the Table of Order No. 05/WBGST/PRO. Corrigendum replaces "Joint Commissioner" with "Sr. Joint Commissioner" at serial 34. Substitutions record Sri Heera Lepcha as Sr. Joint Commissioner for Siliguri and Jalpaiguri Circles; Smt. Tshering Lamu Bhutia as Sr. Joint Commissioner for Raiganj Circle; and Smt. Utpala Gabur as Joint Commissioner for Siliguri Circle. Entries at serial numbers 17 and 19 are omitted. Amendments are effective immediately under the West Bengal GST Act.
Clarification on issue of GST on Airport levies
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GST on airport levies: airlines may collect PSF and UDF as pure agents while airport operators remain GST liable.
PSF and UDF are charges levied by airport operators as consideration for services to passengers and are subject to GST, with the airport operator liable to discharge GST. Airlines that collect these charges act as agents; if they satisfy the conditions of a pure agent, the amounts collected for PSF/UDF (and GST payable by the airport operator) must be separately invoiced and excluded from the value of the airline's supplies, and airlines shall not claim input tax credit on those amounts. Airport operators must remit GST on collections and may claim ITC on collection charges paid to airlines.
Clarification on various doubts related to treatment of secondary or post-sales discounts under GST
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Post sale discounts tied to dealer obligations are consideration for services and attract GST, with corresponding input tax credit rules.
Explains GST treatment of post sales discounts: unconditional discounts relating to the original supply may be excluded from the supplier's value of supply if statutory conditions are met; conditional discounts requiring dealer promotional activity are consideration for services subject to GST by the dealer with ITC available to the supplier. Additional discounts paid to enable dealer reduced pricing must be added to the dealer's value of supply, and registered customers claim ITC only to the extent of tax paid. If statutory exclusion conditions fail, suppliers may issue financial/commercial credit notes but cannot reduce original tax liability; dealers need not reverse ITC where they adjust supply value after the credit note and pay original tax charged.
Restriction in availment of input tax credit in terms of sub-rule (4) of rule 36 of WBGST Rules, 2017
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Input tax credit restriction: admissibility limited for invoices not uploaded by suppliers, balance claimable after supplier uploads.
Restriction limits ITC claimable for invoices not uploaded by suppliers; it applies to credits availed after the effective date and excludes supplies outside reporting obligations such as IGST on import, RCM and ISD credits. Taxpayers must self-assess admissible credit using GSTR 2A as on the suppliers' GSTR 1 due date. The cap is calculated on a consolidated basis against uploaded eligible credit and excludes invoices ineligible for ITC. Any balance ITC may be claimed in later months as suppliers upload details, with proportionate claims allowed until the uploaded-credit base permits full recovery.
GST - license fee charged by the States for grant of Liquor licences to vendors- Neither supply of Goods nor supply of Services – Not taxable
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License fee for alcoholic liquor treated as neither supply of goods nor services, therefore not taxable under GST.
License fees and application fees charged by State Governments for granting alcoholic liquor licences are treated as neither a supply of goods nor a supply of services for GST purposes and thus not taxable. This follows GST Council recommendations and implementing notifications, and the exclusion is limited to State grants of liquor licences and does not apply to other fee-based licences or privileges where GST remains payable.
Clarification regarding taxability of supply of securities under Securities Lending Scheme, 1997
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Securities lending fees are taxable under GST; lender paid initially, borrower liable under reverse charge from October 2019.
The lending fee charged by the lender for temporarily lending securities under the Securities Lending Scheme, 1997 is taxable as a service under GST (heading 997119) at 18%. Intermediary facilitation services are separately taxable. From 01.07.2017 to 30.09.2019 GST was payable by the lender under forward charge (IGST); from 01.10.2019 the borrower is liable under reverse charge (IGST).
Clarification on scope of support services to exploration, mining or drilling of petroleum crude or natural gas or both
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Support services classification: explanatory notes determine whether exploration, drilling and related activities are professional or extraction support services.
Clarification distinguishes operational support activities and professional/technical consulting for exploration, mining or drilling of petroleum crude or natural gas, directing that classification and tax treatment be governed by the Scheme of Classification of Services' Explanatory Notes: geological and geophysical consulting and mineral exploration fall under professional services, while well-related work, derrick services, test drilling tied to extraction and operation of extraction units fall under support services; activities outside these entries must be classified and taxed under their proper headings.
Restriction in availment of input tax credit in terms of sub-rule (4) of rule 36 of CGST Rules, 2017
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Restriction on input tax credit under rule 36 directed to be followed for uniform implementation across field formations.
The State directs adherence to the central GST policy wing's clarification on restriction in availment of input tax credit under sub rule (4) of rule 36 of the CGST Rules, 2017; subordinate tax officers are instructed, under the State's administrative powers, to follow that clarificatory Circular to ensure uniform implementation across field formations in respect of invoice matching, treatment of discrepancies, and procedural application of the rule's restriction.
Implementation of Single Integrated Refund System under GST with effect from 26.09.2019
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Single integrated GST refund system introduced, with older ARN-based refund applications continuing under the manual process.
Implementation of a single integrated refund system under GST took effect from 26.09.2019, with necessary legal and rule changes made by the Central Government. Refund applications with ARN generated up to 25.09.2019 are to be processed under the manual system. Officers were directed to study the detailed procedures in the referenced communications and act accordingly.
Restriction in availment of input tax credit in terms of sub-rule (4) of rule 36 of CGST Rules, 2017
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Input tax credit restriction: 20% cap on unreported supplier invoices, claimant must self-assess and adjust returns.
Sub-rule (4) to rule 36 restricts ITC for invoices/debit notes not uploaded by suppliers under section 37(1): the disallowed credit in a tax period shall not exceed 20% of the eligible input tax credit attributable to invoices/debit notes that have been uploaded by suppliers as on the due date for suppliers' FORM GSTR-1; the restriction is applied across all suppliers and only to invoices otherwise eligible for ITC. Taxpayers must self-assess the cap in FORM GSTR-3B and may claim the balance ITC in later months as suppliers upload details.
Restriction in availment of input tax credit in terms of sub-rule (4) of rule 36 of GGST Rules, 2017
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Restriction on input tax credit availability where supplier uploads are missing requires self-assessed limitation and later claim upon upload.
Restriction on availment of input tax credit applies where suppliers have not uploaded invoice details under subsection (1) of section 37; recipients must self-assess the restricted amount in FORM GSTR-3B, calculated by reference to eligible ITC shown in uploaded invoices as per auto-populated FORM GSTR-2A on the due date for filing suppliers' FORM GSTR-1. The limitation is not supplier-wise, excludes IGST on import, reverse charge supplies and ISD credits, and withheld ITC may be claimed in subsequent months once requisite supplier uploads are made.
Clarification regarding determination of place of supply in certain cases
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Place of supply clarified for port cargo-handling and temporary-import services; contract terms and export condition determine location.
Place of supply for port ancillary cargo-handling services is not tied to immovable property and is to be determined under the place-of-supply rules applicable to such services based on the contract between supplier and recipient. For services performed on goods temporarily imported for treatment or process (e.g., cutting and polishing of unpolished diamonds) that are exported without being put to any use in India beyond that process, the place of supply follows the special rule for temporarily imported goods rather than the general rule for where services are performed.
Clarification on scope of support services to exploration, mining or drilling of petroleum crude or natural gas or both.
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GST classification of petroleum exploration services distinguishes operational extraction support from professional consulting and evaluation services.
GST classification distinguishes petroleum exploration, mining and drilling support under heading 9986 from professional, technical and business services under heading 9983. Operational oil and gas extraction support includes well-related and extraction-unit activities, but excludes geological, geophysical and related consulting. Geological and geophysical consulting and mineral exploration or evaluation fall within heading 9983. Services outside these specified entries must be classified under their respective headings and taxed accordingly.

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