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Circulars
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Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16.
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Cancellation of GST registration: procedural filing requirements and automatic ledger adjustment with obligation to file final return.
Applications for cancellation of GST registration under FORM GST REG-16 must include prescribed portal fields (contact details, reason and date sought, stock values and tax consequences, transfer particulars and last return details). The proper officer shall accept and issue FORM GST REG-19 within 30 days unless the application is incomplete or the transferee is unregistered; deficiencies trigger a seven-working-day reply period and an opportunity to be heard. Post-cancellation obligations include filing FORM GSTR-10 and debiting electronic credit or cash ledger for tax on stock, with assessments and notices for non-filing.
Circular to clarify the procedure in respect of return of time expired drugs or medicines
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Return of time expired goods: fresh supply or credit note options determine ITC entitlement and reversal obligations.
Return of time expired drugs may be effected either as a fresh supply or by issuance of a credit note. A registered non composition returner issuing an invoice permits the recipient to claim ITC subject to Section 16; composition taxpayers must issue a bill of supply with no ITC to recipient; unregistered persons may use a commercial document without tax. If returned goods are destroyed, the manufacturer must reverse ITC on the return supply per clause (h) of sub section (5) of section 17. Credit notes issued within the Section 34(2) time limit permit supplier tax adjustment only if recipient has not availed or has reversed ITC; outside that period adjustment and portal declaration are not required.
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 must reflect net liability after input tax credit, affecting registration deposits.
A casual taxable person must deposit advance tax based on estimated net tax liability after eligible ITC; long-running exhibitions beyond the permissible CTP period require normal registration with the allotment letter as place-of-business proof and no advance tax on such registration; excess credit distributed by an Input Service Distributor in contravention of law is recoverable from recipient units with interest and penalty, collectible voluntarily via FORM GST DRC-03 or by proceedings under assessment provisions using FORM GST DRC-07, and the ISD is liable to a general penalty.
Regarding date extension of annual return (52, 52A, 52B)
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Annual return filing deadline extended for VAT forms 52, 52A and 52B, with penalty for delayed compliance.
Extension of the due date for filing annual returns in Forms 52, 52A and 52B under the Uttar Pradesh Value Added Tax regime. The circular extends the last date for filing annual returns for financial year 2017-18, relating to the VAT period from 01.04.2017 to 30.06.2017, up to 31.12.2018. It further states that the date will not be extended again and warns that failure to file within time may attract penalty and other legal action.
Circular to clarify the procedure in respect of return of time expired drugs or medicines.
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Return of time-expired medicines: treat as fresh supply or issue credit notes, with ITC and statutory time-limit rules.
Return of time expired drugs may be treated either as a fresh supply-where a registered returner issues an invoice and the recipient may claim ITC subject to Section 16, composition taxpayers issue a bill of supply with no ITC, and unregistered persons issue a commercial document without tax-or by issuance of a credit note under Section 34 with delivery challan for transport; credit note adjustments are permitted only if issued within the time limit in sub section (2) of Section 34 and provided the recipient has not availed ITC or has reversed it, and manufacturers destroying returned goods must reverse ITC under clause (h) of sub section (5) of Section 17.
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 must be computed after accounting for eligible input tax credit, not on gross liability.
Advance tax for a casual taxable person must be calculated after considering due eligible input tax credit since FORM GST REG-1 seeks estimated net tax liability. Long exhibitions beyond the casual registration period require regular registration with the allotment letter as proof of place of business and no advance tax for registration; registration may be surrendered after the exhibition. Excess credit distributed by an Input Service Distributor must be recovered from recipients with interest and penalty; recipients may pay via FORM GST DRC-03 or face proceedings and FORM GST DRC-07, while the ISD is also liable to a general penalty.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of GST registration: procedural rules for portal filing, officer acceptance, and final return obligations.
Procedural clarifications for processing FORM GST REG-16 cancellations: allowable grounds for cancellation; portal mandatory fields; officers to accept applications promptly except if incomplete or where the receiving entity lacks registration; in such exceptions issue a written discrepancy and allow seven working days to reply before possible rejection with recorded reasons. Cancellation orders are to be issued in FORM GST REG-19 with effective dates not earlier than the application. Post cancellation obligations include filing FORM GSTR-10 within three months and debiting electronic credit/cash ledger for input tax or output tax on stock, with restrictions on ledger use from the specified cancellation date.
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 as fresh supply or issue a credit note with distinct ITC consequences.
Provides two alternative treatments for return of time expired drugs: treat the return as a fresh supply-registered persons issue an invoice and recipients may claim ITC subject to Section 16, composition taxpayers issue a bill of supply with no ITC to recipient, unregistered persons use a commercial document; destruction of returned goods requires reversal of ITC on the return supply. Alternatively, the supplier may issue a credit note under section 34 with tax-adjustment permitted if issued within statutory time limits and recipient has not availed or has reversed ITC; late credit notes cannot adjust tax liability or require portal declaration, and destruction after credit-note returns requires reversal of ITC attributable to manufacture.
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 registration: advance tax based on net tax after input tax credit, with ISD recovery rules.
Advance tax for a casual taxable person must be calculated on the estimated net tax liability after accounting for eligible input tax credit, as the registration form seeks net liability. Long-running exhibitions beyond the statutory casual registration period require normal registration with allotment/consent letter as place-of-business proof and no advance tax for registration; such registration may be surrendered post-exhibition. Excess credit distributed by an Input Service Distributor may be recovered from recipients with interest and penalty, recoverable voluntarily via FORM GST DRC-03 or enforced through assessment proceedings using FORM GST DRC-07; the ISD is also liable to a general penalty.
Clarification on certain issues related to refund.
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Refund procedure after deficiency memo: rectified refund applications accepted under original ARN; re credit not required pending portal update.
Where a deficiency memo has been issued, taxpayers must submit a rectified refund application under the original ARN because the portal does not yet permit filing a fresh application; accordingly, re crediting Input Tax Credit to the electronic credit ledger need not be carried out until portal functionality is provided and separate instructions will address cases where re credit was already effected. Separately, amendments clarify that exporters receiving capital goods under the EPCG scheme remain eligible to claim IGST refund on exports, while certain importers under specified customs notifications are excluded prospectively; earlier circulars are superseded.
Circular on Standard Operating Procedure for Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16.
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Cancellation of GST registration: accept applications unless incomplete or transferee unregistered, with final return and tax reversal obligations.
Procedures require that applications for cancellation in FORM GST REG-16 be accepted within thirty days unless incomplete or where the transferee has not registered; deficiencies must be notified with seven working days to reply, and rejection may follow only after opportunity of hearing and recorded reasons. Cancellation does not relieve pre- or post-cancellation liabilities; a final return in FORM GSTR-10 must be filed and liabilities under the provision for debiting input tax or paying output tax on stock must be discharged, with ledger debits permissible at final return filing.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of GST registration: applications must be processed promptly; final return and tax on stock remain payable.
Applications for cancellation in FORM GST REG-16 must include specified portal fields (contact, reason, proposed date, stock and tax details, transfer particulars, last return). Proper officers should promptly accept and issue FORM GST REG-19 except where applications are incomplete or the transferee entity is not registered; in those cases applicants get seven working days to reply before approval or rejection. Cancellation does not extinguish liabilities; cancelled persons must file final return in FORM GSTR-10 and discharge tax on stock by debiting electronic credit/cash or paying on final return.
Circular to clarify the procedure in respect of return of time expired drugs or medicines.
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Return of time expired drugs: options to treat as fresh supply or issue credit note, affecting input tax credit and reversal.
Registered suppliers (other than composition taxpayers) may treat return of time expired goods as a fresh supply, issue an invoice at the original supply value, and enable the recipient to claim Input Tax Credit subject to Section 16. Composition taxpayers must issue a bill of supply and pay composition tax with no ITC to recipient. Alternatively, suppliers may issue a credit note under section 34; if issued within the section 34(2) timeframe and uploaded, tax liability may be adjusted provided the recipient has not availed or has reversed ITC; credit notes issued after that timeframe cannot be used to adjust tax and need not be declared on the portal.
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 be based on estimated net tax liability after available input tax credit.
Advance deposit for registration as a casual taxable person must be calculated on the estimated net tax liability after accounting for eligible input tax credit. Long-running exhibitions exceeding the casual period require normal registration, use of allotment/consent letter as business proof, no advance tax for such registration, and surrender post-event. Excess credit improperly distributed by an Input Service Distributor is recoverable from recipients with interest and penalty; recipients may voluntarily repay using FORM GST DRC-03, otherwise recovery proceedings under the statute using FORM GST DRC-07 may be initiated and the ISD faces a general penalty.
Clarification on certain issues related to refund.
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Refund procedure after deficiency memo: rectified applications must use original ARN and re-credit to credit ledger is not required.
When a deficiency memo in FORM GST RFD-03 is issued, taxpayers must submit the rectified refund application using the original ARN until the portal allows fresh filings; re-credit to the electronic credit ledger via FORM GST RFD-01B is not required at that stage and rectified applications will be accepted under the earlier ARN. Exporters who imported inputs/capital goods under customs notifications 78/2017 and 79/2017 before the State Notification of 9 October 2018 remain eligible for IGST export refund until that date; thereafter such importers are excluded, while exporters receiving capital goods under the EPCG Scheme remain eligible.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16.
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Cancellation of GST registration requires officer acceptance within time limits and filing of a final return with input tax reversal.
Proper officers should accept and issue cancellation orders in FORM GST REG-19 within 30 days of filing FORM GST REG-16 except where the application is incomplete or the transferee entity is not registered; the officer must give seven working days to rectify discrepancies before rejection. The effective date of cancellation is the date sought by the applicant but not earlier than the application date. Cancellation does not affect pre- or post-cancellation liabilities; final return in FORM GSTR-10 must be filed and input tax/output tax reversal (whichever higher) assessed as on the day before cancellation, which may be completed in GSTR-10.
Clarification on refund related issues.
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Refund procedure for input tax credit requires GSTR-2A evidence and prescribes electronic ledger debit order and re-credit mechanics.
Procedural clarifications require refund claims to be filed with a print-out of FORM GSTR-2A and an Annexure-A invoice statement alongside FORM GST RFD-01A and ARN; the proper officer may rely on GSTR-2A and need not insist on invoices contained therein. The portal computes refundable unutilized ITC as the least of the statutory formula amount, end-period electronic credit ledger balance after return, and ledger balance at filing, and ledger debits must follow the order: integrated tax, then central and state/UT tax equally with cross-debiting. Re-credit of rejected amounts follows specified forms and recovery procedures; rule 96(10) applies only to direct purchasers/importers who availed specified notification benefits; disbursing authorities must not withhold sanctioned refunds save as statutorily permitted. Deficiency memos require fresh filing and threshold limits apply per tax head.
Ease of doing Business (EODB)- CT Department – GST Act 2017- GST Help Desk cum facilitation centres at Division/Circle level w.e.f.01.07.2017 -assist taxpayers for e-filing of returns and explain the procedures.
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GST facilitation centres expand taxpayer assistance and e filing support with mandatory helpdesk services and record-keeping.
Establishment of GST Help Desk cum Facilitation Centres at division and circle level to assist taxpayers with preparation and e filing of returns, provide helpline and technical support, log help requests, and publish contact details. Joint Commissioners are directed to encourage use of these centres and ensure maintenance of records capturing GSTN, enterprise name, email and contact number for periodic submission to the Ease of Doing Business team.
Circular to clarify the procedure in respect of return of time expired drugs or medicines
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Return of expired drugs: options to treat as fresh supply or by credit note with ITC entitlement and reversal rules.
Explains two procedures for returning time expired drugs under the NGST Act: (1) treat the return as a fresh supply with an invoice (registered persons) or a bill of supply (composition taxpayers) or a commercial document (unregistered persons), permitting recipient ITC subject to Section 16 and requiring ITC reversal where returned goods are destroyed; and (2) process the return via a credit note, with tax adjustment and portal upload permitted only if issued within the statutory time limit, while late credit notes cannot adjust tax and need not be uploaded.
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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Input Tax Credit recovery: excess credit from an ISD must be returned or recovered with interest and penalties.
Clarifies that advance tax for a casual taxable person must be calculated on the estimated net tax liability after eligible input tax credit; long-running exhibitors exceeding the casual period must register as normal taxable persons using allotment letters as place-of-business proof and need not pay advance tax for normal registration; and excess credit distributed by an ISD must be recovered from recipients with interest and penalty, with recipients allowed to voluntarily deposit excess credit or face recovery proceedings, while the ISD is also liable to general penalty provisions.

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