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Circulars
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Amendment to Master Circular for Real Estate Investment Trusts (REITs) dated May 15, 2024 - Review of statement of investor complaints and timeline for disclosure of statement of deviation(s)
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Investor complaint review requirements revised: prior board pre approval removed; statements now to be placed quarterly for review.
Amendment aligns REIT disclosure procedures with LODR: the Trustee and Board/Governing Body must ensure investor complaints are redressed and the complaint statement is to be placed quarterly before the Board and Trustee for review; statements of deviation in use of proceeds must be placed for review and submitted to stock exchanges along with financial results. The circular is effective immediately under powers of Section 11(1) of the SEBI Act and Regulation 33 of the REIT Regulations.
Amendment to Master Circular for Infrastructure Investment Trusts (InvITs) dated May 15, 2024 - Review of statement of investor complaints and timeline for disclosure of statement of deviation(s)
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InvITs: investor complaint statements to be reviewed quarterly; deviation statements filed with financial results.
The Trustee and the Board/Governing Body of the Investment Manager shall ensure timely redress of investor complaints and shall place the investor complaints statement before them quarterly for review. Statements of deviation in use of issue proceeds must continue until full utilisation or achievement of purpose, be placed before the Trustee and Board/Governing Body for review, and be submitted to the stock exchanges along with the submission of financial results. These amendments are effective immediately.
Clarification on availability of input tax credit on ducts and manholes used in network of optical fiber cables(OFCs) in terms of section 17(5) of the CGST Act, 2017
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Input tax credit on OFC ducts and manholes follows the blocked-credit framework under the GST regime in Delhi.
Input tax credit on ducts and manholes used in optical fiber cable networks is to be assessed under the blocked-credit framework in section 17(5) of the CGST Act, 2017. The Central clarification applies mutatis mutandis for implementation under the Delhi Goods and Services Tax Act, 2017, ensuring aligned treatment within Delhi. Implementation difficulties may be referred to the Commissioner of State Tax, Delhi.
Clarification regarding taxability of the transaction of providing loan by an overseas affiliate to its Indian affiliate or by a person to a related person
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Related-party loan taxability receives clarificatory GST treatment for overseas affiliate lending and loans between persons with related relationships.
Taxability of loans provided by an overseas affiliate to its Indian affiliate, or by a person to a related person, under the Delhi GST framework is governed, mutatis mutandis, by the corresponding central GST clarification. The position applies the central clarification to identified affiliate and related-person loan arrangements for implementation of GST law. It is clarificatory in nature and intended to ensure uniform application of the clarified treatment.
Clarification in respect of GST liability and input tax credit(ITC) availability in cases involving Warranty/Extended Warranty, in furtherance to Circular No. 195/07/2023-GST dated 17.07.2023-reg.
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GST treatment of warranty and extended-warranty transactions is aligned with central clarification for uniform input tax credit application.
GST treatment of warranty and extended-warranty transactions, including related input tax credit availability, is aligned with the applicable central clarification for implementation under the Delhi GST framework. The central clarification applies mutatis mutandis to promote uniform treatment of GST liability and input tax credit. The clarification is explanatory in nature, and implementation difficulties may be brought before the Commissioner of State Tax, Delhi.
Reduction of Government Litigation- fixing monetary limits for filing appeals or applications by the Department before GSTAT, High Courts and Supreme Court- reg.
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Monetary thresholds for departmental GST appeals are applied mutatis mutandis to reduce government litigation under the GST framework.
Monetary limits for filing departmental appeals or applications before the GST Appellate Tribunal, High Courts and the Supreme Court are applied mutatis mutandis under the Delhi Goods and Services Tax Act, 2017. The corresponding central-tax framework is adopted for uniformity and reduction of Government litigation. The measure is clarificatory, and implementation difficulties may be brought to the Commissioner of State Tax, Delhi.
Amendments of para 4.49(g) under Chapter 4 of the Handbook of Procedures, 2023, to reduce Compliance Burden and enhance Ease of doing Business
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Waiver of destruction certificate: shipping bills accepted and re export rules relaxed, duty and interest remain payable.
Paragraph 4.49(g)(i) and (ii) now permit submission of all types of shipping bills in lieu of a destruction certificate and remove the requirement to re export unutilised duty free imported drugs to the same supplier; exports after the Export Obligation period that match the Advance Authorisation's description can substitute for a destruction certificate but do not waive liability for applicable customs duty and interest on the unutilised quantity.
Cybersecurity and Cyber Resilience Framework (CSCRF) for SEBI Regulated Entities (REs)
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Cybersecurity and Cyber Resilience Framework for SEBI entities mandates SOC monitoring, VAPT, audits, CCI and incident reporting timelines.
The CSCRF is a standards based, graded cybersecurity and resiliency regime for SEBI Regulated Entities requiring category specific controls: governance, SOC based continuous monitoring (own/group/third party or Market SOC), mandatory ISO 27001 for MIIs and Qualified REs, structured VAPT and cyber audits by CERT In empanelled auditors with standard formats and timelines, Cyber Capability Index assessments, and mandatory incident reporting (6 hour/24 hour thresholds), RCA, forensic investigation and closure procedures-all to be implemented per the prescribed glide path and reported to the designated authorities.
Standardizing the process of filing application under section 10(46A) of the Income-tax Act, 1961
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Exemption for statutory bodies: standardized application process requires prescribed checklist and submission to jurisdictional tax commissioner and CBDT.
Standardizes the administrative procedure for notification under clause (46A) of section 10 by requiring applicants-bodies, authorities, boards, trusts or commissions constituted by or under Central or State Acts-to file applications and all enclosures with the jurisdictional Principal Commissioner/Commissioner or Principal Director/Director of Income-tax and forward an acknowledged copy to the Under Secretary (ITA-I), CBDT, using the prescribed Annexure A checklist. Annexure A specifies identity, legal status, parent Act citation, authorized and actual activities mapped to the clause's purposes, prior approvals or rejections under related provisions, registration status, and three years' financial and tax records, including activity-wise revenue if multiple activities exist.
Order related to rollout of SGST reimbursement Scheme
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SGST reimbursement applications must now be filed online through the prescribed portal for eligible industrial units.
Online filing is mandated for applications for grant of entitlement certificate and claim of SGST reimbursement under the Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017 and the Assam Industries (SGST Reimbursement for Eligible Units) Scheme, 2021. Eligible units must submit all such applications through the Department's portal from 21 August 2024, and offline applications will not be accepted.
Clarification on time of supply of services of spectrum usage and other similar services under GST-reg.
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Time of supply for spectrum usage services receives uniform GST clarification through corresponding application under Delhi GST law.
Time of supply for spectrum usage and similar services under GST is to be clarified in Delhi through mutatis mutandis application of the Central Board of Indirect Taxes and Customs clarification. The approach applies for implementation of the Delhi Goods and Services Tax Act, 2017 and seeks uniformity in the treatment of time of supply for these services.
Clarification on time of supply in respect of supply of services of construction of road and maintenance thereof of National Projects of National Highways Authority of India (NHAI) in Hybrid Annuity Mode (HAM) model-reg.
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Time of supply for hybrid annuity road construction and maintenance services receives tax treatment clarification.
Time of supply for road construction and maintenance services in National Highways Authority of India national projects executed under the Hybrid Annuity Mode is clarified for purposes of the Delhi Goods and Services Tax Act, 2017. The corresponding central tax clarification applies mutatis mutandis in Delhi, with the measure being clarificatory in character.
Clarification on time limit under Section 16(4) of CGST Act, 2017 in respect of RCM supplies received from unregistered persons -reg.
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Input tax credit time limits for reverse-charge supplies from unregistered persons follow a clarificatory framework under state GST law.
Input tax credit time limits under Section 16(4) for reverse-charge supplies received from unregistered persons are addressed for Delhi GST purposes by the corresponding central GST clarification. The clarification is adopted mutatis mutandis for application under the Delhi Goods and Services Tax framework. The position is clarificatory in nature.
Clarification on valuation of supply of import of services by a related person where recipient is eligible to full input tax credit - reg.
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Related-party import service valuation receives aligned clarification where the recipient qualifies for full input tax credit.
Valuation of imported services supplied by a related person to a recipient eligible for full input tax credit is clarified for implementation under the DGST Act, 2017. The corresponding central clarification applies mutatis mutandis to such related-party import-of-service supplies, with the stated objective of uniform implementation.
Entitlement of ITC by the insurance companies on the expenses incurred for repair of motor vehicles in case of reimbursement mode of insurance claim settlement
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Input tax credit for insurers clarified: ITC available for reimbursed motor vehicle repair costs where insurer is recipient.
Where repair invoices are issued in the insurer's name and the insurer bears the approved repair liability by reimbursing the insured, the insurer qualifies as the recipient of the repair service for the approved claim cost and may avail Input Tax Credit; where invoices include amounts in excess of approved claim cost, ITC is limited to the invoice/to the extent reimbursed for approved claim cost, and invoices not in the insurer's name do not permit ITC.
Use of ICETABs for efficient examination and clearance process
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Use of ICETAB for customs examination enables real time exam reports and image capture, with local review and connectivity obligations.
CBIC mandates use of ICETAB tablets for customs examination: officers must access RMS instructions, Examination Orders and Bill of Entry details on the device, capture up to four images of cargo for integration with e Sanchit, and upload the examination report immediately. DG Systems will issue detailed advisory; exceptions where upload is not possible require prior Assistant Commissioner permission recorded in the report. Principal Commissioners/Commissioners must review weekly, resolve technical issues with DG Systems, ensure network connectivity, and publicize the change.
Clarification on taxability of salvage/wreck value earmarked in the claim assessment of the damage caused to the motor vehicle
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Salvage value taxability clarified: insurers owe GST only when salvage becomes insurer property after full claim settlement.
GST liability on salvage arises only when salvage vests in the insurance company. If claim settlement deducts salvage as a pre agreed deductible and ownership remains with the insured, the insurer has no GST liability on that deducted salvage. If the insurer settles full IDV without deducting salvage so that salvage becomes insurer property, the insurer must discharge GST on disposal/sale of the salvage.
Clarification on the requirement of reversal of input tax credit in respect of the portion of the premium for life insurance policies which is not included in taxable value
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Reversal of input tax credit: premium portion excluded from taxable value is not treated as exempt, so no reversal required.
Clarification: the portion of life insurance premium excluded from taxable value under the valuation methodology for life insurance is not a separately exempt or non taxable supply; therefore, reversal provisions applicable where inputs are used for exempt supplies do not require reversal of input tax credit in respect of that excluded premium component.
Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company
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Taxability of employee stock awards: cost-to-cost reimbursements are not subject to GST; facilitation fees are taxable on reverse charge.
Transfer of securities by a foreign holding company to employees of an Indian subsidiary as ESOP/ESPP/RSU, with the domestic subsidiary reimbursing purely the market cost on a cost-to-cost basis, is not a supply of goods or services and does not amount to import of services subject to GST; however, any additional fee, markup, or commission charged by the foreign holding company constitutes consideration for a taxable facilitation service, attracting GST payable by the domestic subsidiary on reverse charge.
Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the CGST Act, 2017 by the suppliers
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Reversal of Input Tax Credit: suppliers may rely on CA/CMA certificates or recipient undertakings to evidence compliance.
Post supply discounts via tax credit notes may be excluded from taxable value only if the recipient has proportionately reversed the ITC; until portal verification exists, suppliers should obtain a CA/CMA certificate with UDIN (or, below the specified tax threshold, a recipient undertaking) listing credit note and invoice details, ITC reversal amounts and DRC 03/return or other evidence-such certificates/undertakings are admissible proof under section 15(3)(b)(ii) and must be produced to tax authorities when required.

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