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Circulars
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Rectification of EGM errors (SB002 or SB006), SB005, SB001 & SB003 and filing of claim for IGST Refund on export of goods under Rule 96 of CGST Rules, 2017
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Exporters must fix EGM and shipping bill errors to secure IGST refunds and submit required GST reconciliation documents.
Exporters must correct EGM coding and shipping bill data to enable IGST Refund under Rule 96; shipping bills in the IGST Temporary Scroll will not migrate to the Final Scroll if EGM errors (notably SB002, SB006) occur. Annexures list shipping bills with EGM, invoice mismatch (SB005) and shipping bill detail (SB001) errors. Exporters must submit self certified GSTR 1/Table6A, GSTR 3B and a concordance table, rectify GSTR 1 where required, and may use the extended Officer Interface for shipping bills filed up to 30.06.2018. Contact Deputy Commissioner, IGST Refund Section or Superintendent EDI for unresolved issues.
Amendment in Public Notice No.42/2017-18 dated 21.02.2018- m
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Brand rate fixation must be filed with the Duty Drawback Section; verification by the Export Promotion Circle follows.
The Exporter must file Brand Rate Fixation applications with the Duty Drawback Section of the Commissionerate. If verification of the application data is required, that verification will be carried out by the Customs formation designated as the Export Promotion Circle which has jurisdiction over the factory where the exported goods were manufactured.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of GST registration: applications must be processed promptly; final return and tax on stock remain payable.
Applications for cancellation in FORM GST REG-16 must include specified portal fields (contact, reason, proposed date, stock and tax details, transfer particulars, last return). Proper officers should promptly accept and issue FORM GST REG-19 except where applications are incomplete or the transferee entity is not registered; in those cases applicants get seven working days to reply before approval or rejection. Cancellation does not extinguish liabilities; cancelled persons must file final return in FORM GSTR-10 and discharge tax on stock by debiting electronic credit/cash or paying on final return.
Circular to clarify the procedure in respect of return of time expired drugs or medicines.
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Return of time expired drugs: options to treat as fresh supply or issue credit note, affecting input tax credit and reversal.
Registered suppliers (other than composition taxpayers) may treat return of time expired goods as a fresh supply, issue an invoice at the original supply value, and enable the recipient to claim Input Tax Credit subject to Section 16. Composition taxpayers must issue a bill of supply and pay composition tax with no ITC to recipient. Alternatively, suppliers may issue a credit note under section 34; if issued within the section 34(2) timeframe and uploaded, tax liability may be adjusted provided the recipient has not availed or has reversed ITC; credit notes issued after that timeframe cannot be used to adjust tax and need not be declared on the portal.
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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Advance tax for casual taxable persons must be based on estimated net tax liability after available input tax credit.
Advance deposit for registration as a casual taxable person must be calculated on the estimated net tax liability after accounting for eligible input tax credit. Long-running exhibitions exceeding the casual period require normal registration, use of allotment/consent letter as business proof, no advance tax for such registration, and surrender post-event. Excess credit improperly distributed by an Input Service Distributor is recoverable from recipients with interest and penalty; recipients may voluntarily repay using FORM GST DRC-03, otherwise recovery proceedings under the statute using FORM GST DRC-07 may be initiated and the ISD faces a general penalty.
Clarification on certain issues related to refund.
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Refund procedure after deficiency memo: rectified applications must use original ARN and re-credit to credit ledger is not required.
When a deficiency memo in FORM GST RFD-03 is issued, taxpayers must submit the rectified refund application using the original ARN until the portal allows fresh filings; re-credit to the electronic credit ledger via FORM GST RFD-01B is not required at that stage and rectified applications will be accepted under the earlier ARN. Exporters who imported inputs/capital goods under customs notifications 78/2017 and 79/2017 before the State Notification of 9 October 2018 remain eligible for IGST export refund until that date; thereafter such importers are excluded, while exporters receiving capital goods under the EPCG Scheme remain eligible.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16.
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Cancellation of GST registration requires officer acceptance within time limits and filing of a final return with input tax reversal.
Proper officers should accept and issue cancellation orders in FORM GST REG-19 within 30 days of filing FORM GST REG-16 except where the application is incomplete or the transferee entity is not registered; the officer must give seven working days to rectify discrepancies before rejection. The effective date of cancellation is the date sought by the applicant but not earlier than the application date. Cancellation does not affect pre- or post-cancellation liabilities; final return in FORM GSTR-10 must be filed and input tax/output tax reversal (whichever higher) assessed as on the day before cancellation, which may be completed in GSTR-10.
Clarification on refund related issues.
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Refund procedure for input tax credit requires GSTR-2A evidence and prescribes electronic ledger debit order and re-credit mechanics.
Procedural clarifications require refund claims to be filed with a print-out of FORM GSTR-2A and an Annexure-A invoice statement alongside FORM GST RFD-01A and ARN; the proper officer may rely on GSTR-2A and need not insist on invoices contained therein. The portal computes refundable unutilized ITC as the least of the statutory formula amount, end-period electronic credit ledger balance after return, and ledger balance at filing, and ledger debits must follow the order: integrated tax, then central and state/UT tax equally with cross-debiting. Re-credit of rejected amounts follows specified forms and recovery procedures; rule 96(10) applies only to direct purchasers/importers who availed specified notification benefits; disbursing authorities must not withhold sanctioned refunds save as statutorily permitted. Deficiency memos require fresh filing and threshold limits apply per tax head.
Ease of doing Business (EODB)- CT Department – GST Act 2017- GST Help Desk cum facilitation centres at Division/Circle level w.e.f.01.07.2017 -assist taxpayers for e-filing of returns and explain the procedures.
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GST facilitation centres expand taxpayer assistance and e filing support with mandatory helpdesk services and record-keeping.
Establishment of GST Help Desk cum Facilitation Centres at division and circle level to assist taxpayers with preparation and e filing of returns, provide helpline and technical support, log help requests, and publish contact details. Joint Commissioners are directed to encourage use of these centres and ensure maintenance of records capturing GSTN, enterprise name, email and contact number for periodic submission to the Ease of Doing Business team.
Circular to clarify the procedure in respect of return of time expired drugs or medicines - Reg.
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Return of time expired medicines: allow fresh supply invoice or credit note, affecting input tax credit entitlement and filing obligations.
Retailers or wholesalers may return time expired drugs either as a fresh supply-issuing an invoice (registered) or bill of supply (composition) or a commercial document (unregistered)-with ITC available to recipients only when conditions of Section 16 are met; destruction of returned goods requires reversal of ITC attributable to the return supply under section 17(5)(h). Alternatively, suppliers may issue a credit note under section 34: if issued within the section 34(2) time limit the supplier may adjust tax subject to recipient's ITC position and must upload on the common portal; if issued after that limit tax cannot be adjusted and upload is not required.
Clarifications of issues under GST related to casual taxable person and recovery of excess Input Tax Credit distributed by an Input Service distributor – Reg.
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Advance tax for casual taxable person must be computed net of eligible input tax credit, affecting registration deposits.
Clarifies that advance tax for a casual taxable person must be calculated on the estimated net tax liability after eligible input tax credit, that long running exhibitions beyond the casual period require normal registration with allotment letter as proof and no advance tax at registration, and that excess credit distributed by an ISD is recoverable from recipients (voluntarily via FORM GST DRC 03 or by tax demand proceedings using FORM GST DRC 07), with the ISD also liable to a general penalty.
Clarification on certain issues related to refund – Reg.
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Refund procedure modifications: rectified refund applications must be filed under the original ARN when portal disallows fresh filings.
Where a deficiency memo in FORM GST RFD-03 is issued, taxpayers must submit the rectified refund application under the original ARN because the portal does not permit filing a fresh application; re-credit to the electronic credit ledger via FORM GST RFD-01B is not required in such cases and the rectified application will be accepted by the jurisdictional authorities. Separately, amendments permit exporters receiving capital goods under the EPCG scheme to claim refund of IGST on exports, while exporters importing under specified customs notifications are restricted from claiming such refunds prospectively; earlier circulars are superseded.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16 - Reg.
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Cancellation of GST registration: applications must be accepted unless incomplete or transfer unregistered, with specified final return obligations.
Applications for cancellation under FORM GST REG-16 must include contact, reason and effective date, stock and tax particulars, transfer particulars where applicable, and last return details. Proper officers should accept and issue FORM GST REG-19 within thirty days except when applications are incomplete or transferee entities lack registration; in such cases officers must notify discrepancies, allow seven working days to respond, and may approve or reject after hearing. The effective cancellation date is the date sought and cannot precede the application date.
IGST Export Refunds- extension in SB005 alternate mechanism and revised processing in certain cases including disbursal of compensation cess
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IGST refund rectification extended; once-only SB005 correction permitted and revised IGST plus compensation cess to be sanctioned.
Shipping bills with SB005 invoice mismatches may be rectified using the alternate officer-interface mechanism for filings up to 15.11.2018 under Board Circular No. 40/2018-Customs. The Board's instructions prescribe processing of differential IGST refunds, including disbursal of compensation cess where applicable, and the rectification facility may be used only once per shipping bill to sanction the revised IGST amount.
Electronic Sealing- Deposit in and removal of goods from Customs bonded Warehouses, clarification
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Electronic sealing required for bonded warehouse deposits and transfers; RFID seals must be procured from the destination warehouse.
Importers authorised to deposit or transfer goods into Customs bonded warehouses must obtain RFID seals from the destination warehouse; the same requirement applies to warehouse to warehouse transfers. The notice places this electronic sealing protocol into effect from the stated implementation date and encloses the clarifying Board circular for strict compliance, inviting stakeholders to report implementation difficulties to the Commissioner's office.
Cases where IGST refunds have not been granted due to claiming higher rate of drawback OR where higher rate and lower rate were identical
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IGST refund denials prompted by higher drawback claims require compliance with prescribed circular addressing identical rate situations.
Cases of IGST refund denials due to claiming a higher drawback rate, or where the higher and lower drawback rates were identical, are brought to attention with a directive for strict compliance with Board Circular No. 37/2018-Customs dated 09.10.2018; the circular is enclosed and stakeholders are asked to report implementation difficulties to the Commissioner's office.
Circular to clarify the procedure in respect of return of time expired drugs or medicines
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Return of expired drugs: options to treat as fresh supply or by credit note with ITC entitlement and reversal rules.
Explains two procedures for returning time expired drugs under the NGST Act: (1) treat the return as a fresh supply with an invoice (registered persons) or a bill of supply (composition taxpayers) or a commercial document (unregistered persons), permitting recipient ITC subject to Section 16 and requiring ITC reversal where returned goods are destroyed; and (2) process the return via a credit note, with tax adjustment and portal upload permitted only if issued within the statutory time limit, while late credit notes cannot adjust tax and need not be uploaded.
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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Input Tax Credit recovery: excess credit from an ISD must be returned or recovered with interest and penalties.
Clarifies that advance tax for a casual taxable person must be calculated on the estimated net tax liability after eligible input tax credit; long-running exhibitors exceeding the casual period must register as normal taxable persons using allotment letters as place-of-business proof and need not pay advance tax for normal registration; and excess credit distributed by an ISD must be recovered from recipients with interest and penalty, with recipients allowed to voluntarily deposit excess credit or face recovery proceedings, while the ISD is also liable to general penalty provisions.
Clarification on certain issues related to refund
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Refund eligibility under EPCG clarified; rectified refund applications must be filed under the original ARN for processing.
Where a deficiency memo in FORM GST RFD-03 is issued, taxpayers must submit rectified refund applications under the original ARN because the portal cannot accept a fresh application; consequently re-credit to the electronic credit ledger using FORM GST RFD-01B should not be carried out at present and rectified applications will be accepted by authorities under the earlier ARN. Separately, exporters who imported inputs or capital goods under specified customs notifications are eligible to claim IGST refund on exports up to the issuance date of the notification, while exporters receiving capital goods under the EPCG Scheme continue to be eligible for IGST export refunds despite the amended sub-rule.
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
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Cancellation of GST registration: complete REG-16 applications should be accepted and FORM GST REG-19 issued with the sought effective date.
Applications for cancellation in FORM GST REG-16 must include contact details, reason, sought effective date, stock and tax particulars, transfer particulars where applicable, and last return details; proper officers should accept complete applications and issue FORM GST REG-19 within 30 days with the effective date as sought, except where the application is incomplete or the transferee is not registered, in which case the officer must notify the applicant, allow seven working days to respond, and may reject after giving an opportunity to be heard. Cancellation does not affect tax liabilities and necessitates filing FORM GSTR-10 and payment of tax due.

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