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Circulars
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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.
TRQ for import of 30,000 MT of Crude Soya Oil from Paraguay under India-Mercosur PTA
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Tariff rate quota for crude soya oil under India Mercosur PTA allows imports subject to origin and pre purchase requirements.
A tariff rate quota of 30,000 MT for Crude Soya Oil (HS 1507 10 00) from Paraguay under the India Mercosur PTA is established and incorporated into Appendix 2A. Imports under the TRQ must comply with Customs Notification No. 57/2009, require a pre purchase agreement with an eligible Paraguayan exporter, and a Certificate of Origin for clearance. Import authorizations must be filed electronically in prescribed ANF forms by 28 February for allocation in the next financial year, with allocation divided equally among eligible applicants and the quota measured by the Indian financial year (1 April-31 March).
Creation of segregated portfolio in mutual fund schemes
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Segregated portfolio creation for unrated issuer defaults permitted, subject to SID disclosures and AMC discretion.
Segregated portfolios may be created for unrated debt or money market instruments of an issuer without outstanding rated instruments only upon actual default of interest or principal; AMCs may do so at their discretion if the SID contains enabling provisions and adequate disclosures, must notify the industry association immediately upon default, and otherwise follow the existing circular's terms.
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.
GST on license fee charged by the States for grant of Liquor licences to vendors.
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GST exemption on liquor licence fees: state grant of such licences treated as not a supply, limiting GST liability.
Granting of alcoholic liquor licences by State Governments against licence or application fees is treated as neither a supply of goods nor a supply of service for GST; the GST Council and Central Government exempted licence/application fees for alcoholic liquor for the period 01.04.2016 to 30.06.2017, and Haryana implemented this clarification by departmental notification while limiting the dispensation to State liquor licences only.
Clarification on the effective date of explanation inserted in Haryana Government, Excise and Taxation Department, notification No.46/ST-2, dated 30.06.2017, serial number 3(vi).
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Retroactive explanation under section 11(3) treated as part of original notification, excluding government activities from 'business'.
The explanation inserted into serial number 3(vi) of notification No.46/ST-2 was validly made under section 11(3) of the HGST Act within the permitted one year period and is therefore treated as part of the original notification from its inception, excluding Government and Local Authority activities from the term 'business' for that concessional entry.
Clarification regarding taxability of supply of securities under Securities Lending Scheme, 1997.
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Securities lending supply is taxable; lenders charged until 30 Sep 2019, borrowers liable under reverse charge from 1 Oct 2019.
Lending of securities under the Securities Lending Scheme does not amount to disposal of securities but the lending fee charged by the lender is taxable as a service. Intermediaries' facilitation services are taxable separately. The supply is classified as a service taxed at 18%. For 01.07.2017-30.09.2019 GST was payable by the lender under forward charge (IGST) subject to credit where CGST/SGST/UTGST was paid; from 01.10.2019 the borrower is liable under reverse charge (IGST).
Clarification regarding determination of place of supply in case of software/design services related to Electronics Semi-conductor and Design Manufacturing (ESDM) industry.
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Place of Supply: recipient location for composite software/design services when hardware testing is ancillary, under IGST rules.
Where an Indian supplier provides software and chip design services as a composite supply and tests the work on prototype hardware supplied by the recipient, the testing is an ancillary activity and the principal supply is the software/design. The entire contract is a single supply and the place of supply is the location of the service recipient; separate place of supply rules for ancillary components do not apply to such testing.
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 on maritime training: DG Shipping approved courses by maritime institutes qualify as educational services and are exempt.
DG Shipping approved maritime training institutes and their courses are recognised as educational services under the Merchant Shipping Act and associated rules, and thus qualify for the GST exemption provided they meet the eligibility conditions specified in the Haryana state notification defining "educational institution."
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 on donor name display: no levy where acknowledgement is philanthropic and not advertising or quid pro quo.
Where a donor's name is displayed solely as an expression of gratitude and public recognition without promoting the donor's business, that acknowledgement is not a supply for consideration and attracts no GST, provided the recipient is a charitable organisation, the payment is a gift or donation, and the purpose is philanthropic rather than advertising.
Clarification on issue of GST on Airport levies.
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Airport levies treated as airport operator supplies; airlines as pure agents exclude those fees from GST liability.
PSF and UDF are charges by airport operators constituting consideration for services to passengers and liable to GST. When airlines collect these fees on behalf of airport operators and satisfy Rule 33 pure agent conditions, the fees and the GST component charged by the airport operator are excluded from the airline's taxable value; airlines must separately indicate amounts and cannot claim ITC on GST paid on PSF/UDF. Airport operators are liable to pay GST on PSF/UDF; collection charges to airlines are taxable supplies with ITC available to the airport operator.
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 clarifies which exploration and drilling activities fall within specified service codes and headings.
The circular clarifies that operational onsite extraction and support activities fall under heading 9986 governed by the Explanatory Notes to service codes 998621 and 998622, while professional, technical and consulting exploration services fall under heading 9983 governed by the Explanatory Notes to service codes 998341 and 998343; services outside those entries are to be classified elsewhere and taxed accordingly.
Clarification regarding GST rates & classification (goods).
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GST classification: limited-processed legumes, almond milk, sprayers, naval imports, leased imports and parts get specified rate treatment.
Mild heat treatment of dried leguminous vegetables that only removes moisture or skin does not change classification under HS 0713; branded packed units attract concessional GST while other forms may be exempt, and mixtures with added ingredients are classifiable as edible preparations. Almond milk is not fruit juice and is classifiable under the residual beverage entry attracting the general residual rate. Mechanical sprayers of all types fall within the mechanical sprayer entry and attract the prescribed concessional rate. Imported naval stores are GST-exempt; goods imported under lease are exempt from IGST when imported to supply specified services subject to bond conditions. Parts for solar water heaters within specified chapters and parts solely or principally for medical devices are eligible for concessional classification and rates.
Procedure to claim refund in FORM GST RFD-01 subsequent to favorable order in appeal or any other forum.
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Refund procedure after favourable appeal order: file fresh refund claim, provide orders and supporting documents, re credit applied.
When a refund previously rejected and debited from the electronic credit ledger is subsequently allowed in appeal or another forum, the claimant must file a fresh refund application under the category for refunds arising from assessment/provisional assessment/appeal/any other order, provide order details and supporting documents, and need not debit again amounts already debited. The proper officer will sanction the allowed refund, issue sanction and payment orders, and ensure re credit of any remaining debited amount following applicable re credit guidelines and undertakings.
Withdrawal of Circular issued vide memo no. 1778/GST-2, dated 22.07.2019.
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Withdrawal of circular on post sales discounts under GST ensures uniform implementation by ab initio withdrawal under section 168.
The Commissioner of State Tax withdraws ab initio the departmental circular that had provided clarifications on the GST treatment of secondary or post sales discounts, in response to representations and apprehensions, invoking powers under section 168 of the Haryana Goods and Services Tax Act, 2017 to ensure uniform implementation across field formations.
Eligibility to file a refund application in FORM GST RFD-01 for a period and category under which a NIL refund application has already been filed.
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Refund re-filing allowed after inadvertent NIL filing when statutory eligibility and subsequent-period conditions are satisfied.
A registered person who has filed a NIL refund claim in FORM GST RFD-01A/RFD-01 for a given period may re-apply for refund for that same period and category only if (a) a NIL claim was filed for that period and category, and (b) no refund claims in that category have been filed for any subsequent period; condition (b) applies only to unutilized ITC refunds for exports without tax, supplies to SEZ without tax, and inverted tax accumulation. Eligible taxpayers may file under "Any Other" category with supporting documents and the proper officer will assess admissibility and require electronic credit ledger debit if necessary.
Exim Bank's Government of India supported Line of Credit of USD 30 million to the Government of the Republic of Ghana
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Government-backed Line of Credit terms require majority Indian sourcing, EDF shipment declaration, strict utilization and commission rules.
Government-backed Line of Credit from Exim Bank to Ghana finances export of eligible goods, works and services for a potable water project, requiring at least 75 percent Indian sourcing and permitting 25 percent foreign procurement; includes a 60 month terminal utilisation period after scheduled completion, mandatory Export Declaration Form shipment reporting, prohibition on LoC-paid agency commission (with exporter-funded commission permitted subject to realization and remittance rules), and instructs Authorised Dealer Category I banks to notify exporters and obtain full LoC details from Exim Bank; circular issued under FEMA authority.
Reporting of changes in terms of investment
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Reporting changes in investment terms must be sent immediately to valuation and SEBI-registered credit rating agencies with reasons.
Changes to the terms of an investment, including extension of the maturity of a money market or debt security, must be reported to valuation agencies and SEBI-registered credit rating agencies immediately, accompanied by reasons for such changes; this reporting obligation is effective from the date of the circular.
Clarification regarding inclusion of cesses, surcharge, duties, etc. levied and collected under legislations other than Customs Act, 1962, Customs Tariff Act, 1975 or Central Excise Act, 1944 in Brand Rate of duty drawback
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Inclusion of cesses in Brand Rate of duty drawback clarified: certain cesses included, stowage excise excluded.
Clarification directs inclusion of Education cess, Secondary and Higher Education cess, Social Welfare Surcharge, and Clean Environment cess in the calculation of the Brand Rate of duty drawback because these levies are treated as duties of Customs/Excise and subject to applicable refund/drawback provisions; Stowage Excise duty under the Coal Mines Act is excluded since those statutes do not make drawback/refund provisions applicable to it.
ICES Advisory 25/2019 - New Changes in the Bill of Entry Filing - SIMS and Expansion of e-Sanchit
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Steel Import Monitoring System registration required; SIMS details must be declared in Bill of Entry Single Window with prescribed INFO fields.
Compulsory registration under the Steel Import Monitoring System (SIMS) is required for imports of certain goods under Chapters 72, 73 and 86; importers or CHAs must declare the SIMS registration number and expiry in the Bill of Entry Single Window. DGFT excludes air shipments and returnable racks from SIMS. Required Single Window fields are: Info_type = PNM; INFO_QFR = SIU; INFO_CODE = SIUNAPL; INFO_Text to reference the relevant circular or notice.

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