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Circulars
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Electronic Sealing-Deposit in and removal of goods from Customs Bonded Warehouses.
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Electronic sealing deferred; RFID sealing requirement implementation for bonded warehouses remains postponed pending further notice.
The Board has further deferred implementation of Circular No. 19/2018-Customs, which mandated RFID-based electronic sealing for goods deposited in and removed from Customs bonded warehouses; no new effective date is provided, and stakeholders are requested to notify the Board of any difficulties.
54/2018 - 31-12-2018 GST - States
Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the WBGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the WBGST Act; applicability of notification No. 1344-F.T.; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST.
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Taxability of government disposals: government sales to unregistered buyers require registration and GST payment under applicable rules.
Supplies by government entities of used vehicles, seized and confiscated goods, old and used goods, waste and scrap are taxable; supplies to registered recipients attract reverse charge per notified rates while supplies to unregistered persons require the supplying government department to obtain registration and pay GST subject to registration provisions. Penalty under the assessment provision requires a show cause notice and is not ordinarily triggered by late return filing where tax and interest have been paid; a general penalty may be imposed after due process. Debit/credit notes issued post appointed day follow GST rates. TDS applicability under the notification is confined to authorities or bodies with majority government participation. Taxable value includes TCS collected under the Income Tax Act. Where an invoice accompanies goods, consignor or consignee is deemed owner; otherwise the proper officer determines ownership.
Clarification regarding GST tax rate for Sprinkler and Drip Irrigation System including laterals.
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GST rate on micro irrigation systems clarified to include sprinklers and laterals in tax classification.
The schedule entry classifies sprinklers and drip irrigation systems including laterals as taxable goods under the HS heading for mechanical spraying appliances, recording the State GST component as 6%; the Circular clarifies that sprinkler systems comprising nozzles, laterals and related components fall within this entry and directs field officers and taxpayers to apply the reduced rate treatment recommended for micro irrigation.
Clarification regarding GST rates & Classification (Goods)
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GST classification clarifications reaffirm headings and concessional rates for specified goods and supply scenarios.
Clarification lists specific GST classifications and rates: Chhatua/Sattu under HSN 1106-nil if unbranded, 5% if branded; fish meal and MBM under 2301-5%; feed supplements classified by presentation under 2309 or chapter 29; domestic LPG bulk supply qualifies for 5%; PP woven/non woven (BOPP laminated) under HS 3923-18%; wood logs for pulping under 4403-18%; bagasse board under chapter 44-12%; three piece fabric packs remain fabrics-5%; renewable energy plant goods concession limited to chapters 84,85,94 with documentary proof; turbochargers under 8414-18%; interstate movement of machinery on own account is not a supply.
Clarification on refund related issues.
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Refund procedure modernization: electronic filing with ARN-triggered filing date streamlines refund processing and timelines.
Claimants must file FORM GST RFD-01A on the common portal and electronically upload all supporting statements, undertakings and invoices at filing; ARN is generated only after upload and ledger debits, and on ARN generation the application and attachments transfer electronically to the jurisdictional proper officer and are deemed filed from that date for the purpose of the Rules. Physical submission remains optional except for unallocated taxpayers; reassignment of wrongly allocated electronic applications adjusts the deemed filing date, and rectified applications following deficiency memos are to be resubmitted manually under the original ARN and treated as fresh claims.
Clarification on export of services under GST.
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Export of services: outsourced foreign supply treated as import by exporter with reverse charge and input tax credit available.
Where an Indian exporter outsources part of a contract to a nonresident supplier, the arrangement produces two supplies: the Indian exporter's supply to the foreign recipient for the full contract value (treated as export of services if conditions are satisfied) and the import of services by the Indian exporter from the nonresident supplier for the outsourced portion. The Indian exporter is liable to pay integrated tax under reverse charge on the imported portion, may claim input tax credit, and the full contract value can be treated as export realization if reverse charge is paid and RBI permits retention abroad.
Denial of composition option by tax authorities and effective date thereof....
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Denial of composition option may be made retrospectively from the date of contravention, with tax recovery and credit adjustments.
Rule 6 provides that withdrawal from the composition scheme takes effect from the date indicated in FORM GST CMP-04, not earlier than the financial year's commencement; denial of the composition option by the proper officer after show cause (FORM GST CMP-05) and reply (FORM GST CMP-06) may be ordered in FORM GST CMP-07 with effect from a date not earlier than the date of contravention, and tax as a normal taxpayer is payable from the date of the FORM GST CMP-07 order, with recovery proceedings and input credit adjustments applying accordingly.
Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the MGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the MGST Act: applicability of notification No. 50/2018-State Tax; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST.
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Taxation of government disposals: departments must register and pay GST on sales to unregistered recipients.
Supply of used vehicles, seized and confiscated goods, old and used goods, waste and scrap by government entities to unregistered persons is taxable and such entities must register and pay GST; supplies to registered persons are taxable on reverse charge. Penalty under section 73(11) is claimable only when section 73 proceedings are invoked; late GSTR-3B filing with tax and interest paid does not attract section 73(11) but may attract a general penalty under section 125. Debit/credit notes for post-appointed-day price revisions attract GST rates under the GST regime. Section 51 TDS applies to authorities with fifty-one percent or more government participation. TCS under Income Tax Act is includible in GST value. Where invoices accompany consignments consignor or consignee is deemed owner; otherwise the proper officer determines the owner.
Scope of principal and agent relationship under Schedule I of MGST Act. 2017 in the context of del-credre agent.
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Del credre agent classification determines whether interest on buyer credit is included in the transaction value of goods under GST.
Whether a del credre agent is an agent under Para 3 of Schedule I depends on invoicing: if the supplier invoices the customer (directly or through the DCA) the DCA is not an agent; if the DCA invoices in his own name the DCA is an agent. If not an agent, short term credit by the DCA is an independent financial service and its interest is not part of the supplier's goods value. If an agent, the extension of credit is subsumed into the goods supply and the interest must be included in the goods' transaction value.
To clarify the procedure in respect of return of time expired drugs or medicines.
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Return supply rules for expired drugs govern invoicing, ITC entitlement and reversal on destruction of returned goods.
Retailers or wholesalers returning time expired drugs may treat the return as a return supply (registered non composition: issue invoice; composition: bill of supply and pay composition tax; unregistered: commercial document without tax). The recipient may claim Input Tax Credit (ITC) subject to Section 16; if the manufacturer destroys returned goods he must reverse the ITC availed on the return supply under clause (h) of sub section (5) of section 17. As an alternative, the original supplier may issue a credit note under section 34; tax adjustment and portal upload depend on the time limit in sub section (2) of section 34.
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 calculation must account for eligible input tax credit, affecting registration deposits.
A casual taxable person must deposit advance tax calculated on the estimated net tax liability after deducting eligible input tax credit as indicated in FORM GST REG 1; long-running exhibitions beyond the casual registration period must obtain normal registration with the allotment/consent letter as proof of place of business and are not required to pay advance tax for that registration and may surrender it after the exhibition. Excess credit distributed by an Input Service Distributor in contravention of rules is recoverable from recipients with interest and penalty; recipients may voluntarily remit via FORM GST DRC 03, otherwise recovery proceedings under the Act using FORM GST DRC 07 may be initiated, and the ISD remains 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: prescribed portal particulars must be provided and officers must accept or notify defects before rejection.
Applications for cancellation in FORM GST REG-16 may be made for specified reasons and must include mandatory particulars on the common portal; officers should accept and issue FORM GST REG-19 within 30 days except where the application is incomplete or the transferee entity is unregistered. In such exceptions the officer must give seven working days to remedy discrepancies before rejecting with recorded reasons. Payment or reversal of input tax on stock need not precede filing and may be completed in FORM GSTR-10, but ledger balances become unavailable from the claimed cancellation date except to meet liabilities up to filing the final return.
Scope of Principal-agent relationship in the context of Schedule I of the MGST Act.
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Principal-agent supply rule: invoice issuance determines GST treatment of goods transfers under Schedule I.
Schedule I deems certain transfers between principal and agent to be supplies even without consideration when the agent acts in a representative capacity. The crucial objective test is invoice issuance: if the agent issues the invoice in his own name for the onward supply, transfers from principal to agent fall within Schedule I; if the invoice to the customer is in the principal's name, Schedule I does not apply. Authority to pass or receive title on behalf of the principal is determinative.
Clarifications on refund related issues.
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Refund claim eligibility: specified category returns suffice for refund processing without requiring general outward supply returns.
Filing of FORM GSTR-1 and FORM GSTR-3B is not mandatory for refund claims by Input Service Distributors, composition taxpayers, or non-resident taxable persons; the returns prescribed for those categories (FORM GSTR-6, FORM GSTR-4, and FORM GSTR-5 respectively) suffice to support refund of electronic ledger balances.
Clarification regarding GST tax rate for Sprinkler and Drip Irrigation System including laterals
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GST rate for micro irrigation clarified: sprinklers and drip systems including laterals are covered under the reduced rate.
The circular clarifies that the Schedule II entry for sprinklers and drip irrigation including laterals covers sprinkler irrigation systems and their components (nozzles, laterals, etc.), placing micro irrigation methods within the reduced GST classification recommended by the GST Council and requiring consistent treatment in the field; implementation issues are to be reported to the Commissioner.
Clarification on export of services under GST
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Export of services under GST: outsourced foreign portion treated as export if reverse charge tax paid and RBI permits retention.
Where an Indian supplier outsources part of services to a foreign supplier for a recipient outside India, two supplies arise: the Indian supplier's supply to the recipient for the full contract value and the import of services by the Indian supplier from the foreign supplier for the outsourced portion. The Indian supplier must pay integrated tax on the imported portion under reverse charge and may claim input tax credit; the full contract value may nonetheless be treated as export if reverse charge tax is paid and RBI permits retention of part of the consideration outside India.
Clarification regarding GST tax rate for Sprinkler and Drip Irrigation System including laterals.
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GST rate for sprinkler and drip irrigation systems: uniform implementation directed for all state tax field formations.
The circular directs uniform application of the Department of Revenue, Tax Research Unit's clarification on the GST rate for sprinkler and drip irrigation systems, including laterals, and instructs all state tax field formations to follow the annexed Circular under the authority of section 168 of the Tripura State Goods and Services Tax Act, 2017.
Clarification regarding GST rates & classification (goods).
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GST rates and classification directive: field formations must follow central clarification for uniform implementation immediately.
State tax field formations are directed, under powers conferred by section 168 of the Tripura State GST Act, to follow the Department of Revenue, Tax Research Unit clarifications on GST rates and classification of goods set out in Circular No. 80/54/2018-GST dated 31-12-2018, annexed to this state circular, to ensure uniform implementation across the state.
Clarification on refund related issues.
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GST refund clarifications require adherence to central CBIC guidance to ensure uniform implementation of refund procedures.
The Chief Commissioner instructs all subordinate tax officers to follow the clarifications issued by the Department of Revenue, Central Board of Indirect Taxes and Customs, GST Policy Wing (Circular No.79/53/2018-GST) on refund-related issues, and, invoking section 168 of the Tripura State GST Act, adopts that circular for uniform implementation across the state.
Clarification on export of services under GST.
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Export of services under GST: central clarifications adopted and state authorities directed to apply uniform compliance guidance.
The state tax administration is instructed, under powers conferred by section 168 of the Tripura State Goods and Services Tax Act, 2017, to follow the clarifications on export of services set out in CBIC Circular No. 78/52/2018-GST dated 31 December 2018. The circular provides guidance on conditions, place of supply, recipient location, and documentation necessary to determine and support export of services status, and must be applied uniformly across field formations.

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