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Circulars
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Clarification regarding taxability of supply of securities under Securities Lending Scheme, 1997
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Taxability of securities lending clarified; state field formations instructed to follow central GST guidance for uniform implementation.
The circular directs that the CBIC clarification on the taxability of supply of securities under the Securities Lending Scheme, 1997 be followed by all state tax field formations; invoking section 168 powers, the Chief Commissioner requires uniform application of the central guidance to ensure consistent GST treatment of securities lending transactions.
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 for ESDM software and design services must follow the issued GST clarification uniformly.
Place-of-supply treatment for software and design services connected with the Electronics Semi-conductor and Design Manufacturing industry is to follow the issued clarification. State tax field formations are directed to apply that clarification for uniform implementation of GST law and consistent treatment across field formations.
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 for approved maritime courses is governed by central clarification adopted for uniform State tax implementation.
GST exemption for DG Shipping-approved maritime courses is addressed through a State tax circular intended to secure uniform implementation of the Tripura State Goods and Services Tax Act, 2017. State tax field officers are instructed to follow an annexed central clarification on the applicability of GST exemption to maritime courses conducted by Maritime Training Institutes of India and approved by the Directorate General of Shipping.
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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Donor name displays at charitable premises require GST treatment consistent with the applicable central clarification.
GST treatment of displaying a donor's name or placing donor name plates in charitable organisations' premises is addressed through a clarification intended to ensure uniform implementation of GST law. State tax officers are instructed to follow the central tax authority's clarification for field-level application. The supplied text does not reproduce the substantive contents of that clarification.
Clarification on issue of GST on Airport levies
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GST on airport levies requires uniform implementation through adherence to the enclosed departmental clarification by State tax officers.
GST on airport levies is addressed through a State tax circular intended to secure uniform implementation of the Tripura State Goods and Services Tax Act, 2017. State tax officers are directed to follow the enclosed clarification issued by the Department of Revenue, Central Board of Indirect Taxes and Customs, Tax Research Unit, on GST on airport levies.
Clarification regarding GST rates & classification (goods)
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GST rate and goods classification clarifications must guide uniform implementation by State Tax field formations.
GST rate and goods-classification clarifications issued by the central tax authority are directed to be followed by Tripura State Tax field formations to secure uniform implementation of the Tripura State Goods and Services Tax Act, 2017. The instruction applies to specified State Tax officers and adopts the attached central circular concerning GST rates and classification of goods for field-level administration.
Guidelines on Anti-Money Laundering (AML) Standards and Combating the Financing of Terrorism (CFT) /Obligations of Securities Market Intermediaries under the Prevention of Money Laundering Act, 2002 and Rules framed there under.
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Anti Money Laundering compliance: intermediaries must perform risk based client due diligence and report suspicious transactions promptly.
Intermediaries must adopt written AML/CFT procedures under the PMLA: implement risk sensitive client acceptance and CDD (including beneficial ownership and PEP checks), transaction monitoring, record keeping enabling reconstruction of transactions, retention of records for prescribed periods, internal escalation to designated officers, and timely reporting of suspicious and cash transactions to FIU IND; reliance on third parties for CDD is allowed subject to Rule 9 conditions but the intermediary remains ultimately responsible.
Cyber Security & Cyber Resilience framework for KYC Registration Agencies
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Cyber Security & Cyber Resilience framework for KYC Registration Agencies mandates board approved policies, CISO, controls, VAPT and quarterly reporting.
KRAs must implement a Board approved Cyber Security and Cyber Resilience policy by January 1, 2020, appoint a CISO, form a Technology Committee for quarterly reviews, and follow an identify protect detect respond recover lifecycle. Required measures include least privilege access and two factor authentication, encrypted logging and data, baseline hardening, network security devices, VAPT including annual penetration testing and pre commissioning testing, continuous monitoring and alerting, incident forensic analysis and drills, quarterly reporting of cyber incidents to SEBI, and annual independent audits with Board comments.
Cyber Security & Cyber Resilience framework for Qualified Registrars to an Issue / Share Transfer Agents
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Cyber security reporting for Qualified Registrars to an Issue/Share Transfer Agents required quarterly via email with specified timelines.
Qualified Registrars to an Issue / Share Transfer Agents must submit standardized quarterly soft-copy reports by email detailing cyber-attacks, threats, vulnerabilities and mitigation measures as per the prescribed Annexure format. For the quarter ended September 30, 2019 reports were due by November 30, 2019; from the quarter ending December 31, 2019 the deadline is 15 days after quarter end. The Annexure includes an incident reporting form and Annexure I capturing technical, operational and remedial details of breaches or a NIL report where no incident occurred.
Cyber Security & Cyber Resilience framework for Stock Brokers / Depository Participants - Clarifications
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Cyber security reporting for stock brokers and depository participants: quarterly incident reports, specified auditors, and mandated audit periodicity.
SEBI requires stock brokers and depository participants to submit quarterly reports on cyber-attacks, threats, vulnerabilities and mitigation measures in a prescribed format within specified timelines; specifies authorised auditor qualifications (CERT-IN empanelled, DISA (ICAI), CISA, CISM, CISSP) for cybersecurity audits; sets audit periodicity as annual for depository participants, annual for Type I and II brokers and half-yearly for Type III brokers; and directs exchanges and depositories to amend rules, notify members, and report implementation to SEBI.
Refund Procedure for Self Assessment Bill of Entry
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Self-assessment appeals: refunds permitted only after assessment is modified by appeal and amount is quantified.
Self-assessment orders are appealable assessment orders and any review or modification requires formal alteration by way of appeal. Refunds based on self-assessment cannot be processed unless the refundable amount is quantified through a final assessment or reassessment; reassessment is permissible only after the original self-assessment order has been modified via appeal.
Office Memorandum
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Manual refund procedure extended until the GSTN online refund module becomes available, with prior conditions continuing unchanged.
The manual refund procedure in the Commercial Tax Department is extended until the online refund module becomes available on the GSTN portal. The earlier Government Order issued on 23.02.2018, as corrected on 21.03.2018, had initially applied the manual refund system up to 30.06.2018 and was later extended up to 30.09.2019. This arrangement is further continued up to 31.12.2019, while all other terms and conditions remain unchanged.
Extension of the period for manual refund process in continuation of Government Order No. K.Ni.-4-785/11-2018/300(5)/18 dated 20.07.2018
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Manual refund procedure under GST extended until online refund module becomes available, covering pending claims only.
Manual refund procedures under the Uttar Pradesh GST framework were continued pending availability of the online refund module on the GSTN portal. The circular extends the manual refund system up to 31.12.2019 for refund claims relating to zero-rated supplies, inverted duty structure, deemed exports, and excess ITC in the electronic cash ledger. The extended arrangement is limited to pending refund applications received up to 26.09.2019 and was circulated for compliance by zonal and treasury officers.
Clarification regarding GST rates and classification (goods)
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GST classification clarifications: specific goods like leguminous vegetables, almond milk, sprayers and medical parts receive defined tariff treatment.
Dried leguminous vegetables subjected only to mild heat treatment remain classifiable under HS Code 0713 and may be exempt or attract concessional GST when branded and packed; almond milk is not fruit juice and falls under the residual tariff entry attracting the standard rate for that entry. Mechanical sprayers of all types are covered by the concessional schedule entry. Imported stores for Indian naval ships are exempt from GST. Imports under lease supplying services covered by supply-of-service provisions are IGST-exempt subject to bond conditions. Parts for solar water heaters and parts solely for medical devices attract concessional rates applicable to those devices.
Clarification on scope of support services to exploration, mining or drilling of petroleum crude or natural gas or both
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Petroleum exploration support services follow central GST clarification for uniform administration by state tax field officers.
Support services for exploration, mining or drilling of petroleum crude or natural gas are governed by a central clarification intended to ensure uniform GST implementation. State tax field officers are instructed to follow that clarification while administering the Tripura State Goods and Services Tax Act, 2017, under the statutory power to secure uniformity in implementation.
GST on license fee charged by the States for grant of Liquor licences to vendors
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GST treatment of liquor licence fees clarified: State grants of liquor licences are treated as not constituting a supply under GST.
Services by State Governments granting alcoholic liquor licences for licence or application fees are treated as neither a supply of goods nor a supply of service under a State notification implementing GST Council recommendations; this special dispensation is limited to State grants of liquor licences and does not apply to other licences or privileges where GST continues to be payable.
Clarification on the effective date of explanation inserted in notification No. 11/2017- CTR dated 28.06.2017. Sr. No. 3(vi)
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Effective date of explanation under section 11(3): clarifies retroactive application to the inception of the concessional entry.
The explanation excluding Government and Local Authority activities from the term 'business' at entry 3(vi) of notification No. 11/2017 STR is effective from the inception of that entry (21.09.2017) because it was inserted under the statutory power to add explanations within one year, and the later-stated operative date in the subsequent notification does not affect this retrospective operation.
Clarification regarding taxability of supply of securities under Securities Lending Scheme. 1997
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Securities lending: lending fees are taxable under GST; borrower liable under reverse charge mechanism with IGST applicable.
The lending fee charged by a lender under the Securities Lending Scheme, 1997 constitutes consideration for a taxable supply of service and has been subject to GST since 01.07.2017; intermediaries' facilitation services are also taxable. The supply is classifiable under heading 997119 at 18% GST. For 01.07.2017-30.09.2019 the lender bears IGST liability (subject to credit for any CGST/SGST/UTGST already paid); with effect from 1 October 2019 the borrower is liable to pay IGST under the reverse charge mechanism.
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: software and chip design tested on recipient provided prototype hardware is where the service recipient is located.
When testing on recipient provided prototype hardware is an ancillary activity to a composite supply of software and chip design, the place of supply for the composite service is the location of the service recipient; the separate rule for goods made physically available by the recipient does not apply independently to determine place of supply for such ancillary 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 for maritime training applies where DG approved courses form a curriculum leading to a recognised qualification.
Services supplied by Maritime Training Institutes conducting Director General of Shipping approved maritime courses qualify as educational institution services eligible for GST exemption under the State Tax notification, provided the education is part of a curriculum for obtaining a recognised qualification and the conditions of the notification are met; this follows from the Merchant Shipping Act and the STCW Rules empowering DG Shipping to approve courses, assessment programmes and institutes.

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