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Circulars
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Clarification on taxability of shares held in a subsidiary company by the holding company
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Taxability of shareholding: mere holding of subsidiary shares is not a supply under GST unless a taxable supply exists.
Securities, including shares, are neither goods nor services under GST, and mere purchase, sale or holding of shares does not constitute a supply. The SAC classification for holding companies does not automatically create a taxable service; GST applies only if an activity meets the statutory definition of supply. Therefore, a holding company merely holding equity in a subsidiary is not, by itself, providing a supply of services liable to GST.
Clarification on TCS liability under section 52 of the DGST Act, 2017 in case of multiple E-commerce Operators in one transaction
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TCS liability: supplier side or buyer side e-commerce operator must collect TCS depending on who releases payment.
Where multiple ECOs operate in a single supply, the ECO that finally releases payment to the supplier must collect applicable TCS and complete statutory TCS compliance; if the supplier itself is an ECO, the buyer-side ECO collecting payment must collect TCS and fulfil TCS compliance obligations.
Clarification to deal with difference in input-tax credit (ITC) availed in Form GSTR-3B as compared to that detailed in Form GSTR-2A for the period April 1, 2019 to December 31, 2021
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Input-tax credit limitation: provisional excess credits allowed within supplier-reported thresholds; excess credits disallowed without supplier payment evidence.
Clarifies treatment of discrepancies between ITC availed in taxpayers' returns and ITC reflected in supplier-reported returns for April 2019-December 2021: provisional additional ITC was permitted for periods when the rules allowed limited excess credit, but such availment remained subject to the statutory requirement that tax on the supply be paid by the supplier; verification guidelines from the earlier circular apply to the respective subperiods with the relevant provisional caps, while post-amendment ITC is allowed only if reported by suppliers and communicated through the return communication mechanism.
Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 50th meeting held on 11th July, 2023
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GST rate reclassification updates applicable tax on extruded uncooked snack pellets and related goods, regularising past periods.
The circular implements GST Council recommendations reclassifying certain goods and prescribing applicable GST rates: uncooked extruded snack pellets under CTH 1905 and fish soluble paste under CTH 2309 attract 5% from 27 July 2023, imitation zari yarn under heading 5605 reduced to 5%, raw cotton supply from agriculturists to cooperatives is taxable at 5% on a reverse charge basis, and uniform 5% is clarified for goods under HSN 9021. Specified past periods of interpretational doubt are regularised on an "as is basis" and no refunds will be granted where higher GST was already paid.
Clarification regarding applicability of GST on certain services
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Reverse Charge Mechanism: director's personal supplies excluded; cinema food treated as restaurant service when supplied independently.
Services by a director are subject to Reverse Charge Mechanism only when supplied in his capacity as director; personal-capacity supplies such as renting immovable property to the company are excluded. Supply of food or beverages in a cinema hall is taxable as restaurant service when supplied by way of or as part of a service and independent of the exhibition service; bundled cinema ticket and food supplies that form a composite supply attract GST at the rate applicable to the principal supply (exhibition). The Central circular is adopted mutatis mutandis under the Goa GST Act and is clarificatory.
Clarification on availability of ITC in respect of warranty replacement of parts and repair services during warranty period.
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Warranty replacement ITC rule: no GST or ITC reversal when replacements are covered by original supply consideration.
The original supply value includes anticipated warranty replacement and repair costs, so where replacement parts or repair services are provided during warranty without separate consideration, no further GST is chargeable and the manufacturer is not required to reverse input tax credit. If additional consideration is charged, GST applies. Distributor actions: free warranty service to customers attracts no GST; invoicing the manufacturer for parts/services is a taxable supply enabling manufacturer ITC; manufacturer-provided parts to distributor without charge do not attract GST or ITC reversal.
Clarifications regarding applicability of GST on certain services
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Reverse charge on director services: personal-capacity rentals to the company are not taxable under RCM; director-capacity services attract RCM.
Services supplied by a director to the company in his private or personal capacity, such as renting immovable property, are not taxable under the Reverse Charge Mechanism; only services supplied by the director in his capacity as director are taxable under RCM. Supply of food or beverages in a cinema hall is taxable as restaurant service when supplied by way of or as part of a service and independent of cinema exhibition; if ticket sale and food supply are bundled and form a composite supply, the entire supply attracts GST at the rate of the principal supply (cinema exhibition).
Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 50th meeting held on 11th July, 2023
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GST rate reductions and retrospective regularisation for specified goods, with no refunds where higher GST was paid.
Clarification implements GST rate reductions for specified goods effective 27th July, 2023 and regularises past-period treatment on an "as is" basis where genuine interpretational doubts existed. Key changes: uncooked extruded snack pellets (CTH 1905), fish soluble paste (CTH 2309), and imitation zari thread (tariff heading 5605) move to 5% GST; ready to eat extruded snacks remain at the higher rate. Supply of raw cotton by agriculturists to cooperatives is taxable at 5% under reverse charge. Goods under HSN 9021 attract a uniform 5% rate. No refunds will be granted where higher GST was earlier paid.
Clarification on issue pertaining to e-invoice
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E invoice obligation applies to supplies to government entities registered solely for tax deduction under section 51.
Supplies by taxpayers exceeding the e invoicing turnover threshold to government entities registered solely for tax deduction at source must have e invoices issued; those government entities are treated as registered persons and suppliers must comply with the applicable e invoicing rule. The clarification is issued to ensure uniform implementation and to permit reporting of implementation difficulties to the Principal Commissioner.
Clarification on issue pertaining to e-invoice
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E-invoicing applies to supplies made to government bodies registered solely for tax deduction when suppliers cross the prescribed threshold.
E-invoicing applies where a registered supplier exceeds the prescribed turnover threshold and supplies Government Departments, Government agencies, local authorities, or public sector undertakings registered solely to deduct tax at source. Such entities are compulsorily registered and treated as registered persons under the GST framework. Their registration exclusively for tax deduction at source does not exclude supplies made to them from e-invoicing requirements.
Concurrent jurisdiction of proper officers consequent to transfer of taxpayers from LTU to different Charges and vice versa
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Concurrent jurisdiction after taxpayer transfer preserves pending scrutiny, audit, refund, and appeal proceedings by the original officer.
Concurrent jurisdiction continues for transferor Charge or LTU officers after transfer of taxpayers, but only to complete proceedings already initiated by them. This applies to scrutiny under section 61, notices under section 73 or 74 until the order stage, audits already commenced for 2018-19 or 2019-20, and refund applications filed before transfer until disposal. The related appellate authority remains the one having appellate jurisdiction over the officer who passed the original order, even after the taxpayer is moved to another jurisdiction.
Clarifications regarding applicability of GST on certain services
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Reverse charge for director services applies only when services are rendered in the director capacity; personal rentals excluded.
Director-supplied services to a company attract Reverse Charge only when supplied by the director in his capacity as director; services supplied in a director's personal capacity, such as renting immovable property to the company, are not taxable under RCM. Food and beverages supplied at cinema premises constitute restaurant service when supplied as a service and independently of exhibition; bundled supplies of ticket plus food that form a composite supply will be taxed according to the principal supply, the exhibition service.
Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 50th meeting held on 11th July, 2023
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GST rate reclassification: specified goods re-rated and prior interpretational doubts regularised, with certain supplies placed on reverse charge.
Clarification prescribes GST reclassification and rates for specified goods per the GST Council's 50th meeting, including uncooked extruded snack pellets, fish soluble paste, desiccated coconut, biomass briquettes, imitation zari thread, raw cotton supplies to cooperatives (taxable at 5% on reverse charge), areca-leaf plates/cups, and trauma/spine/arthroplasty implants; most changes take effect 27 July 2023 where specified, and interpretational doubts for defined past periods are regularised on an "as is" basis, with no refunds where higher GST was already paid.
Regarding entry of actual collection figures due to non-availability of real-time deposited amounts through API in the Enforcement Module developed by GSTN for Mobile Squad units
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Actual collection reporting: new ARN-wise entry module requires mobile squad units to record demand and real payments for accurate MIS.
API supplied demand figures without actual paid amounts produced inaccurate MIS; a field-level ARN-wise Entry Module in the MS Entry Menu has been deployed to record, against each ARN, generated demand and actual collection (including DRC-03 payments), display ARNs from March 2022 onward, and permit entries for demand, real collection and actions against identified tax-evasion transport, with specified deadlines and officer accountability for data accuracy.
Clarifications regarding applicability of GST on certain services
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Reverse charge on director services limited to services rendered in official capacity; personal rentals are excluded from reverse charge.
Services by a director are subject to Reverse Charge Mechanism only when supplied by him in the capacity of director; services supplied in his personal capacity, such as renting immovable property to the company, are not taxable under RCM. Supply of food or beverages at cinema premises constitutes restaurant service if supplied as a service and independently of the cinema exhibition; however, if ticket sale and food supply are bundled and form a composite supply with exhibition as the principal supply, the tax rate for the principal exhibition service applies to the entire bundled supply.
APGST Act, 2017 Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 50th meeting held on 11th July, 2023
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GST classification changes: several goods reclassified or rate reduced and past-period issues regularized on as is basis.
Clarification implements GST Council recommendations reclassifying or reducing GST rates for specified goods and regularising prior-period uncertainties. Un fried/un cooked extruded snack pellets are placed under CTH 1905 and subject to 5% GST for non ready to eat forms while ready to eat extruded products remain at 18%. Fish soluble paste and imitation zari thread are reduced to 5%. Supply of raw cotton by agriculturists to cooperatives is taxable under reverse charge at the concessional rate. Desiccated coconut, biomass briquettes, areca leaf products and HSN 9021 goods are regularised for identified past periods. No refunds where higher GST was paid.
Clarifications regarding applicability of GST on certain services
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Reverse Charge Mechanism clarified: personal services by directors excluded; only director-capacity services attract RCM.
Services supplied by a director attract Reverse Charge Mechanism only when supplied by him in his capacity as director; personal or private supplies such as renting immovable property to the company are excluded from RCM. Supply of food or beverages in a cinema hall is taxable as restaurant service where supplied by way of or as part of a service and independently of the exhibition service; bundled ticket-plus-food sales forming a composite supply take the tax rate of the principal supply, the cinema exhibition service.
Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 50th meeting held on 11th July, 2023
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GST rate revisions: select goods reclassified and moved to lower GST band, with past-period positions regularised.
The circular prescribes revised tariff classification and GST rates: uncooked extruded snack pellets, fish soluble paste, imitation zari yarn and goods under HSN 9021 are assigned a 5% GST rate effective 27 July 2023 (with ready-to-eat extruded snacks remaining at 18%); supply of raw cotton by agriculturists to cooperatives is taxable at 5% on reverse charge; desiccated coconut, biomass briquettes and areca leaf tableware issues are regularised for specified past periods. All past-period interpretational doubts are regularised on an "as is" basis and no refunds will be granted where higher GST was earlier paid.
Difficulties in Physical Verification of Traders Registered under TCS (E-Commerce Operator) Provisions under Rule 12 of the GST Rules, 2017
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TCS e-commerce operator verification: use documentary verification when a trader's principal place of business is outside the state.
Where a trader under TCS (E commerce Operator) has a principal place of business outside the State and physical verification is not feasible, authorities must conduct documentary and record-based verification to ensure trader authenticity under Rule 12 of the GST Rules, 2017.
Clarifications regarding applicability of GST on certain services
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Reverse charge applicability on director-supplied services clarified: personal-capacity rentals excluded, director-capacity services covered under RCM.
Entry No. 6 of Notification No. 48/ST-2 applies only to services supplied by a person in the capacity of director; services supplied by a director in a personal capacity, such as renting immovable property to the company, are not taxable under the Reverse Charge Mechanism. Supply of food and beverages at cinema premises is taxable as restaurant service when supplied by way of or as part of a service and independent of the cinema exhibition service, while a bundled supply that qualifies as a composite supply will attract tax at the rate of the principal supply, exhibition of cinema.

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