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Circulars
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Scope of principal and agent relationship under Schedule I of GGST Act, 2017 in the context of del-credrc agent.
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Principal-agent characterization under Schedule I determines whether del credre credit interest is includible in transaction value.
Classification of a del-credre agent depends on invoice issuance: if the supplier issues the invoice the DCA is not an agent; if the DCA invoices in its own name the DCA is an agent. If not an agent, the loan or credit extended by the DCA is an independent supply of services and interest charged is not included in the value of the supplier's goods. If the DCA is an agent, the temporary credit is subsumed in the supply of goods by the DCA and interest charged must be included in the transaction value of those goods.
Scope of Principal-agent relationship in the context of Schedule I of the GGST Act.
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Principal agent relationship under GST: invoice issuance determines when goods transfers are treated as supply without consideration.
Scope of the principal agent relationship under Schedule I hinges on the agent's representative character and whether the agent issues the invoice in his own name or has authority to transfer title. Only where the agent supplies or receives goods on behalf of the principal (and invoices in his name or takes title) does the Schedule I entry treat the transaction as a supply without consideration; services between principal and agent require consideration and fall outside this entry. Invoice issuance is the objective criterion to determine coverage and consequent registration obligations.
Corrigendum to Circular No. 57/31/2018-GST dated 4th September, 2018 - Regarding Scope of Principal-agent relationship in the context of Schedule I of the CGST Act
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Compulsory registration for commission agents requires a taxable principal and taxable supplies; reverse charge agents must register.
The corrigendum states that compulsory registration of a commission agent under clause (vii) of section 24 arises only when the principal is a taxable person and the agent's supplies are taxable; an agriculturist whose produce is exempt is not a taxable person, so agents dealing solely for such agriculturists need not compulsorily register under clause (vii), but agents liable to pay tax under the reverse charge mechanism must obtain mandatory registration under section 24.
Collection of tax at source by Tea Board of India – Reg.
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Tax at Source collection: Tea Board must collect TCS from tea sellers on goods and from auctioneers on brokerage services.
Tea Board of India, as an electronic commerce operator, must collect Tax at Source under section 52 of the CGST Act: (i) from sellers (tea producers) on the net value of supply of goods (tea); and (ii) from auctioneers on the net value of supply of services (brokerage). Buyers pay a consolidated amount into an escrow account from which the Tea Board pays sellers for goods and auctioneers for services; the Board issues this clarification under section 168(1) for uniform implementation and requests public notice and reports of difficulties.
Scope of principal and agent relationship under Schedule I of CGST Act, 2017 in the context of del-credere agent - Reg.
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Del-credere agent treatment determines whether interest on DCA-provided credit is included in the value of goods supplied.
The circular clarifies that invoice issuance determines whether a del-credere agent qualifies as an agent under Para 3 of Schedule I: if the supplier issues the invoice (even through the DCA) the DCA is not an agent; if the DCA issues the invoice in his own name the DCA is an agent. If the DCA is not an agent, short-term credit provided by the DCA is an independent supply and interest is not included in the supplier's value; if the DCA is an agent, the credit is subsumed into the goods supply and interest must be included in the value of supply.
Amendment of Appendix - 2T of Appendices and Aayat Niryat Forms of Foreign Trade Policy, 2015-20 - reg.
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Amendment of appendix: revised jurisdictional listings for export promotion councils and registration guidance for exporters and services.
Amendment revises Appendix 2T of the Foreign Trade Policy, 2015-20 to update jurisdictional listings of Export Promotion Councils, specifying that EOUs & SEZ Units cover all products except spices (which require Spices Board registration) and enumerating service categories under the Services Export Promotion Council, accompanied by contact and office details.
Online issuance of RCMC by EPCs and its uploading on the DGFT server - reg.
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Online issuance of RCMC is mandatory; non-compliance will forfeit Registering Authority status under the trade policy.
Export Promotion Councils issuing RCMCs must adopt online issuance and upload issued certificates to the Departmental server; those remaining manual must shift to online mode or cease to act as the Registering Authority for RCMCs under the Foreign Trade Policy. Councils already issuing online must ensure centralised uploading via the prescribed link.
Observations and concerns regarding electronic seals used on Export containers
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Electronic seal security: Certain RFID seals deemed insecure; use prohibited and inspections to follow based on risk.
Customs testing found certain RFID electronic seals readable without mechanical locking, failing security requirements. Use of seals procured from the identified supplier is prohibited until further orders; exporters are advised to avoid seals from three named vendors. Port shed officers must verify locking of such seals and the shed appraiser or superintendent will determine examination based on perceived risk.
Mechanism for drawal of representative samples in respect of DPD FCL containers from Terminals involving sampling by Customs or Participating Government Agencies (PGAs), operationalising “on-wheel sampling area for DPD FCL containers”
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On-wheel sampling for DPD FCL containers expanded to include additional agencies with expedited testing and NOC conditions.
Facility for on-wheel sampling of DPD FCL containers is broadened to include Customs and specified PGAs for defined sample types-Textile Committee referrals, DYCC testing, Fertiliser Inspector and Assistant Drug Controller sampling (subject to NOC within the prescribed timeframe), FSSAI testing with container release on test report, provisional NOC clearance for perishables after sampling, and PQ/AQ testing for plant and animal products with NOC/provisional NOC-while excluding containers with heterogeneous commodities; contact points and standing order status are specified.
Furnishing of information to Registrar Of Cooperative Societies — reg.
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Branch approval requirement: multi state cooperative societies must obtain central registrar approval before opening or closing branches.
Multi State Cooperative Societies must obtain prior approval from the Central Registrar before opening any branch and upload that approval on the society's website. Societies must furnish full details of existing branches, including contact persons and telephone/mobile/email details, to the Registrar of Cooperative Societies of the concerned state/UT and to local authorities (District Collectors/Magistrates), with a copy to the Central Registrar's office. New branch openings or closures require Central Registrar approval and subsequent notification to state registrars and district authorities.
Minutes of the 85th meeting of the. Board of Approval for SEZ held on 02 November 2018 to consider setting up of Special Economic Zones and other miscellaneous proposals
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SEZ approvals and LoP extensions issued with conditional compliance requirements and procedural reviews underway.
The Board granted time limited extensions of formal approvals and multiple Letters of Permission for SEZ units, approved two new sector specific SEZs, cancelled a co developer status, and approved co developer status for another subject to continuity and compliance. It deferred several LoP renewals for plastic units pending a Group of Development Commissioners review, directed amendments to address changed insolvency processes affecting NFE extensions, and recommended inclusion of management consultant services as an authorized service limited to consumption by SEZ entities.
Regarding providing e-hearing facility for disposal of cases under the Uttar Pradesh Value Added Tax Act to traders of the Corporate Circle
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E-hearing for VAT assessments streamlines online notices, replies, document upload, and timely disposal for corporate circle traders.
E-hearing is prescribed for assessment proceedings relating to traders under the Corporate Circle under the Uttar Pradesh Value Added Tax regime, to reduce delay and unnecessary physical interface. The procedure provides for online issue of a self-explanatory notice, electronic submission of reply, explanations and documents, requests for extension of time, additional information, and cross-examination where necessary. The assessing authority is to avoid fragmented notices, examine the record comprehensively, and dispose of the case on merits within 15 days of receipt of the dealer's explanation, with orders and demand notices made available through the e-services login.
Procedure for a Pilot on Transhipment of Export Cargo from Bangladesh to third countries through Land Customs Stations (LCSs) to Kolkata Port / Airport, in containers or closed bodied trucks – Reg.
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Transhipment procedure: authorised transit of export cargo via LCSs with ECTS sealing and bond-based safeguards for security and verification.
Pilot procedure permits transhipment of export cargo from Bangladesh through specified LCSs to Kolkata Port/Air Cargo and by rail to Nhavasheva, requiring a Bill of Transshipment filed by the shipping line/airline or authorised representative, sealing of the conveyance with an ECTS seal (procured at carrier expense), and a Bond equal to twice the value of the goods. Original Bill retained at LCS, transference copy accompanies cargo to port/airport, and port officers verify ECTS seal integrity and upload trip and manifest details to the ECTS application to enable cancellation or crediting of the bond; unauthorized unsealing is to be reported for action.
Regarding applications of GST Practitioners.
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GST Practitioner Enrollment: officers must follow statutory enrolment procedure and recheck unauthorised approvals, issuing notices where necessary.
Direction concerns the processing and finalisation of applications for enrolment as GST Practitioners: DETCs (ST) must dispose pending applications in accordance with the statutory enrolment procedure and applicable rules, ensure authorisation requirements are observed before approval, re check any applications previously approved without proper authorisation and issue show cause notices where ineligibility is found; a Standard Operating Procedure applies and an action taken report must be submitted to Head Office.
Circular to clarify the procedure in respect of return of time expired drugs and medicines.
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Return of time-expired medicines: procedural clarification mandates standardized GST treatment and uniform administrative steps.
Clarification prescribes the procedural steps for return of time expired drugs or medicines under GST, including required documentation, verification and tax treatment, and directs state tax officers to adopt the Department of Revenue, GST Policy Wing guidance as the binding procedure to ensure uniform implementation across field formations.
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 clarifications and Input Tax Credit recovery guidance ensure uniform GST implementation across field formations.
Mandates adherence to Department of Revenue GST Policy Wing clarifications on treatment of a casual taxable person and recovery of excess Input Tax Credit distributed by an Input Service Distributor, directing state tax officers to follow those clarifications for uniform implementation and recovery actions under state GST administrative powers.
Clarifications on certain issues related to refund.
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Refund clarifications: state instructs tax officials to adopt central GST circular to ensure uniform refund processing across field formations.
The State directs tax officers to implement the Department of Revenue, GST Policy Wing's clarifications on refund-related issues to ensure uniform application of the law across field formations and transmits that circular as an enclosure for mandatory adherence.
Processing of Applications for Cancellations of Registration submitted in FORM GST REG-16
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Cancellation of GST Registration: officers must follow central GST Policy Wing guidance when processing Form GST REG-16 applications.
Applications for cancellation of GST registration filed in FORM GST REG-16 must be processed following the procedural clarifications in the Department of Revenue, GST Policy Wing circular (No. 69/43/2018 GST) to ensure uniform implementation; the Chief Commissioner, under section 168 of the Tripura SGST Act, directs all subordinate officers to apply that guidance and the circular is annexed.
Streamlining the Process of Public Issue of Equity Shares and convertibles
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UPI payment mechanism for retail IPO ASBA applications enables electronic mandate blocking and accelerates listing timelines.
Introduction of Unified Payments Interface (UPI) as an alternate payment mechanism integrated with Application Supported by Blocked Amount (ASBA) for retail individual investors applying through intermediaries, enabling electronic one time mandates to block funds at bidding. The circular prescribes a three phase rollout commencing January 1, 2019, defines roles for Sponsor Banks and Self Certified Syndicate Banks (SCSBs), mandates real time validation of PAN and demat details by stock exchanges with depositories, requires NPCI UPI certification and mock trials, and sets reconciliation, cut off and T+6 listing timetables during transition, with Phase III to introduce a final reduced timeline.
Sea Cargo Manifest and Transhipment Regulations, 2018
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Deferred commencement of Sea Cargo Manifest and Transhipment Regulations postponed to later implementation; earlier public notice modified.
Implementation of the Sea Cargo Manifest and Transhipment Regulations, 2018 has been deferred; the earlier Public Notice of late October is modified solely to reflect the change in the commencement date, and importers, exporters, and customs brokers are advised to note the revised implementation timetable.

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