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Circulars
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Clarification on TCS liability under Sec 52 of the UPGST Act, 2017 in case of multiple E-commerce Operators in one transaction
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TCS collection responsibility allocated to supplier-side platform remitting payment; if supplier is also a platform, buyer-side platform collects.
Where multiple e commerce operators participate in one supply, the supplier side ECO who ultimately releases payment to the supplier must collect TCS, remit it to the Government, and fulfil other compliances under section 52 if that ECO is not the supplier. If the supplier itself is an ECO, the buyer side ECO that collects payment and makes the remittance is required to collect TCS and comply with section 52.
Clarification on Handling ITC Mismatch between GSTR-3B and GSTR-2A for the Period 01.04.2019 to 31.12.2021
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Input tax credit mismatch: guidance limits allowable excess ITC to specified caps and ties eligibility to supplier reporting.
Clarification explains that transitional rule-based caps permitted registered persons to claim ITC in GSTR-3B in excess of GSTR-2A only up to specified limits during successive sub-periods, subject to the substantive condition that tax on the supply was paid by the supplier; verification and documentation requirements from the earlier circular apply, amounts beyond the applicable cap are inadmissible, cumulative adjustments for certain grouped months must be made as directed, and from the later amendment ITC is allowable only as communicated in FORM GSTR-2B.
Clarification on charging of interest under section 50(3) of the UPGST Act, 2017, in cases of wrong availment of IGST credit and reversal thereof
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Interest on wrongly availed IGST credit depends on the total electronic ITC balance, not IGST head alone.
For calculating interest in cases of wrongly availed IGST credit, the total input tax credit available in the electronic credit ledger across IGST, CGST and SGST heads taken together must be considered. No interest arises if, from wrongful availment until reversal, that combined balance never falls below the wrongly availed amount; interest applies to the extent the combined balance falls short. Compensation cess credit is excluded from the combined balance and cannot be used to offset IGST, CGST or SGST liabilities.
Clarification on charging of interest under Section 50(3) of the Goa GST Act, 2017, in cases of wrong availment of IGST credit and reversal thereof.
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Interest on wrongly availed IGST credit depends on aggregate ITC across heads; compensation cess excluded.
For interest calculations on wrongly availed IGST credit and its reversal, the aggregate ITC balance across IGST, CGST and SGST in the electronic credit ledger is to be considered; no interest arises if that aggregate never falls below the wrongly availed amount, while interest is attracted to the extent the aggregate balance falls below it. Compensation cess credit is excluded from this aggregation as it cannot be used to discharge IGST, CGST or SGST liabilities.
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 01-04-2019 to 31-12-2021
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Input Tax Credit reconciliation: transitional limited additional ITC allowed where supplier details missing, subject to verification and caps.
Clarification applies earlier circularal guidance to reconcile ITC claimed in FORM GSTR 3B with GSTR 2A for 01 04 2019 to 31 12 2021, confirming that transitional rule 36(4) allowed additional ITC where supplier details were missing subject to the statutory condition that tax was paid by the supplier and subject to specified percentage caps for applicable sub periods; excess ITC beyond those caps is not admissible even if certificates are submitted. The circular also notes cumulative adjustment rules for certain months and limits application to ongoing proceedings for the period.
Clarification on TCS liability under Sec. 52 of the Goa GST Act, 2017 in case of multiple E-commerce Operators in one transaction.
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TCS rules: supplier-side ECO who pays the supplier collects TCS; if supplier is an ECO, buyer-side ECO collects TCS.
The circular applies the CBIC guidance under Section 52 to state implementation and clarifies TCS compliance where multiple E commerce Operators participate: if the supplier side ECO is not the supplier, the supplier side ECO who ultimately pays the supplier must collect and deposit TCS and perform Section 52 compliances; if the supplier side ECO is itself the supplier, the buyer side ECO that collects payment must collect and deposit TCS and undertake Section 52 compliances.
Clarification on availability of ITC in respect of warranty replacement of parts and repair services during warranty period
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ITC for warranty replacements not reversed when no separate consideration; additional charges for parts or repairs attract GST.
Replacement parts or repair services supplied during an original warranty period without separate consideration are included in the value of the original supply, attract no additional GST and do not require reversal of Input Tax Credit. Additional consideration charged for replacements or repairs is taxable. Distributor scenarios are treated according to whether the distributor invoices the manufacturer, uses manufacturer-supplied parts without charge, or adjusts supplies via credit note; repair services charged to the manufacturer are taxable and ITC may be claimed by the manufacturer.
Clarification of taxability of share capital held in subsidiary company by the parent company.
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Holding of shares not a taxable supply - mere shareholding in a subsidiary does not attract GST.
Securities, including shares, are neither goods nor services; mere holding, purchase or sale of shares by a holding company does not, by itself, constitute a supply. A classificatory service code for holding companies is not conclusive; GST applies only if there is a supply as defined by law. Therefore, holding shares in a subsidiary cannot be treated as a supply of services by the holding company to the subsidiary and is not taxable. The CBIC clarification is applied mutatis mutandis under the Goa GST Act and stakeholders should publicize and report implementation difficulties.
Clarification on refund-related issues
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Refund of accumulated input tax credit: refunds limited to ITC reflected in FORM GSTR-2B; revised RFD 01 undertaking applies.
Refund entitlement for accumulated input tax credit is limited to input tax credit reflected in FORM GSTR-2B for the relevant or prior tax periods for refund claims from the date the amendments took effect. The FORM RFD-01 undertaking remains but is revised to remove references to omitted provisions and forms, and supporting-document requirements referencing GSTR-2A and certain self-certified invoices are deleted. For adjusted total turnover, export values are to be calculated as per the inserted Explanation. Exporters who subsequently export goods or realise payment after complying with rule 96A may claim refund of unutilized ITC and IGST paid, but not interest.
Clarification regarding taxability of services provided by an office of an organisation in one State to the office of that organisation in another State, both being distinct persons.
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Inter-office service taxation: invoice value deemed open market value when recipient is eligible for full input tax credit.
The circular clarifies that a Head Office may either distribute ITC for common input services through the ISD mechanism (requiring ISD registration) or issue tax invoices to Branch Offices so BOs can claim ITC; ISD distribution is optional and limited to services attributable to or actually provided to BOs. For internally generated services, where the recipient BO is eligible for full ITC the invoice value is deemed the open market value regardless of inclusion of cost components; absence of an invoice may result in a deemed nil declared value treated as open market value. Salary cost need not be mandatorily included when BOs lack full ITC eligibility.
Clarification regarding GST rate and classification of β€˜Rab’ based on the recommendation of the GST Council in its 49th meeting held on 18th February, 2023
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GST classification of Rab: taxable when prepackaged and labelled, nil when sold otherwise, with past periods regularized.
GST classification of Rab is clarified: prepackaged and labelled Rab is subject to a taxable rate, while Rab sold otherwise is nil-rated, effective from 1 March 2023; past periods are regularized on an "as is" basis. The CBIC circular is to be applied mutatis mutandis under the Goa GST framework. The guidance is clarificatory and implementation difficulties may be reported to the authority.
Clarification on issue pertaining to e-invoice.
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E-invoicing requirement applies to supplies to government entities registered for tax deduction, obliging suppliers above threshold to issue e-invoices.
Suppliers whose turnover exceeds the prescribed threshold are required to issue e-invoices for supplies made to Government Departments, establishments, agencies, local authorities or PSUs that are registered solely for the purpose of tax deduction at source, because such government entities are treated as registered persons for GST purposes and therefore fall within the e-invoicing obligation.
Clarification regarding taxability of services provided by an office of an organisation in one State to the office of that organisation in another State, both being distinct persons.
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Inter-State Services Between Distinct Persons: State GST framework adopts central clarification to ensure uniform taxability treatment.
Taxability of services supplied by an office of a business entity in one State to another office of the same entity in a different State is addressed where the offices constitute distinct persons under the GST framework. For uniform application under the Chhattisgarh Goods and Services Tax Act, 2017, the provisions of Circular No. 199/11/2023-GST are adopted with necessary modifications and apply as though issued under the State GST Act.
Clarification on issue pertaining to e-invoice.
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E-invoice clarification adopts central GST guidance for corresponding application under the State GST framework with necessary modifications.
E-invoice clarification under the Chhattisgarh Goods and Services Tax Act, 2017 applies the provisions of central GST guidance on e-invoice issues, with necessary modifications, for corresponding State GST purposes. The central guidance operates as though issued under the State GST Act, subject to mutatis mutandis adaptation to ensure uniformity in e-invoice treatment.
Clarification on refund-related issues.
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GST refund clarifications gain uniform application under state tax law through adoption of corresponding central guidance.
Refund-related issues under the Chhattisgarh Goods and Services Tax framework are to be administered uniformly by applying, with necessary modifications, the refund clarifications issued by the GST Policy Wing. The Commissioner of State Tax exercises directional power under the Chhattisgarh Goods and Services Tax Act, 2017 to give those clarifications corresponding effect under the State Act, ensuring consistent treatment of refund matters.
Clarification on taxability of shares held in a subsidiary company by the holding company.
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Taxability of subsidiary shares is governed by a uniform GST clarification applicable under the State GST law.
Taxability of shares held by a holding company in its subsidiary company is to be administered uniformly under the Chhattisgarh Goods and Services Tax Act, 2017. The Commissioner of State Tax applies, with necessary modifications, the central GST clarificatory framework on this subject as though issued under the State GST law.
Clarification on availability of ITC in respect of warranty replacement of parts and repair services during warranty period.
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Input tax credit for warranty replacements and repair services follows prescribed rules during the warranty period.
Input tax credit for warranty replacement parts and repair services during the warranty period is governed by centrally prescribed provisions adopted with necessary modifications under the Chhattisgarh GST regime. The adopted framework applies as though issued under that regime and is confined to ITC availability for warranty-related replacement parts and repair services.
Clarification on TCS liability under Sec 52 of the CGST Act, 2017 in case of multiple E-commerce Operators in one transaction.
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Tax collection at source liability is clarified for transactions involving multiple e-commerce operators under GST.
Section 168 of the Chhattisgarh Goods and Services Tax Act, 2017 is invoked to apply, with necessary modifications, the central clarification concerning TCS liability under Section 52 of the CGST Act, 2017 where a single transaction involves multiple e-commerce operators. Application of the clarification is directed to secure uniformity in addressing TCS liability in such multi-operator transactions.
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 01.04.2019 to 31.12.2021.
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Input Tax Credit mismatch verification applies a uniform framework for differences between FORM GSTR-3B claims and FORM GSTR-2A disclosures.
Input Tax Credit mismatch verification for the period from 1 April 2019 to 31 December 2021 is governed under the Chhattisgarh Goods and Services Tax Act, 2017 by the provisions of Circular No. 193/05/2023-GST, subject to necessary modifications. It applies to differences between ITC availed in FORM GSTR-3B and ITC reflected in FORM GSTR-2A.
Clarification on charging of interest under section 50(3) of the CGST Act, 2017, in cases of wrong availment of IGST credit and reversal thereof.
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Interest on wrong IGST credit availment follows the applicable clarification, with necessary modifications, when the credit is reversed.
Interest proceedings for wrong availment of IGST credit and its reversal are to apply the clarification issued for levy of interest under section 50(3), with necessary modifications, under the Chhattisgarh Goods and Services Tax framework. The applicable central GST clarification is extended to such proceedings under the State GST law to secure uniformity.

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