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Circulars
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Denial of composition option by tax authorities and effective date thereof.
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Denial of composition option clarification adopted; tax officers instructed to apply effective-date rules uniformly across formations.
Tax officers are directed, under the State Act's administrative powers, to follow the CBIC GST Policy Wing clarification on denial of the composition scheme option and the effective date of such denial, as annexed, to ensure uniform application across field formations.
Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the CGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the CGST Act; applicability of notification No. 50/2018-Central Tax; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST.
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GST clarification on treatment of government sales, penalty leviability, debit/credit note rates and valuation-follow CBIC guidance.
The CBIC circular clarifies six GST matters: sales by government to unregistered persons; penalty leviability under section 73(11) CGST; tax rate for debit/credit notes under section 142(2) CGST; applicability of a central notification; TCS-related valuation under the Income Tax Act; and the definition of owner of goods. The Tripura State Tax administration, invoking section 168 of the Tripura SGST Act, directs all state tax officers to follow these clarifications to ensure uniform implementation within the state.
Clarification on refund related issues
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Electronic refund submission enables portal-only filing and electronic transfer to jurisdictional officer, eliminating mandatory physical submission.
Refund applications in FORM GST RFD-01A must have all supporting documents, statements and invoice lists electronically uploaded on the common portal at filing; ARN is generated only after complete electronic submission and the application is electronically transferred to and viewable by the jurisdictional proper officer. Net ITC for inverted duty refunds includes ITC availed on all inputs in the relevant period irrespective of their rates. Reversed ITC is not treated as availed for refund purposes unless subsequently re availed and the reversal undone. Refund of tax on input services and capital goods is not available under inverted duty refund rules.
Clarification on export of services under GST
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Export of services: outsourced foreign work treated as export if IGST on imported services paid and RBI permits retention.
When an Indian supplier outsources part of a contract to a foreign provider, two supplies exist: the Indian supplier's supply to the non resident recipient for the full contract value and the import of services by the Indian supplier for the outsourced portion. The Indian supplier must pay integrated tax under the reverse charge mechanism on the imported portion and may claim input tax credit. The full contract value can be treated as export of services if IGST is paid on the imported portion and RBI permits retention of part of the consideration outside India.
Denial of composition option by tax authorities and effective date thereof
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Composition scheme effective date rules clarified: withdrawal date limits and retrospective denial conditions explained.
Withdrawal from the composition scheme takes effect from the date indicated in FORM GST CMP-04 but not earlier than the commencement of the financial year in which it is filed. Denial of the composition option by the proper officer, after issue of FORM GST CMP-05 and reply in FORM GST CMP-06, must be ordered in FORM GST CMP-07 within thirty days and may be given effect prospectively or retrospectively but not prior to the date of contravention; tax, interest and penalty determination for the relevant period must be pursued under sections 73 or 74, and section 18(1)(c) governs credit on inputs held the day before the order.
Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the KGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the KGST Act; applicability of notification No. 50/2018-Central Tax; 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 departments must register and pay GST when selling to unregistered buyers.
Supply of used, seized, confiscated, old or scrap goods by government entities to unregistered persons is taxable under GST and such departments must register and pay tax subject to sections 22 and 24. Section 73(11) penalty applies only when section 73 proceedings are invoked; late filing of GSTR 3B with tax and interest paid generally does not attract that penalty though section 125 may apply. Debit/credit notes issued under section 142(2) attract GST rates under the GST Acts. TDS under section 51 applies to government controlled entities with majority participation; TCS collected under Income Tax is includible in GST value. Ownership for section 129(1) is deemed to be consignor or consignee where specified documents accompany goods, otherwise determined by the proper officer.
Clarification regarding applicability of section 56(2)(viia) of the Income-tax Act, 1961 for issue of shares by a company in which public are not substantially interested.
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Section 56(2)(viia) limited to transfers of shares for no or inadequate consideration; fresh issuances excluded from its scope.
Section 56(2)(viia) applies only where a specified company or firm receives shares of a specified company through transfer for no or inadequate consideration as an anti abuse measure; it does not apply to receipt of shares resulting from fresh issuances such as bonus, rights or preference shares by the specified company.
West Bengal Goods and Services Tax (Fourth Removal of Difficulties) Order, 2018
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Furnishing of electronic GST statements: deadline extended to end of January for operators affected by portal registration failures.
An Explanation inserted into the provision declares that operators who, owing to technical difficulties on the common portal, collected the specified amounts for October, November and December 2018 shall have the due date for furnishing the required electronic monthly statements for those months fixed as the 31st January, 2019, thereby providing a single extended deadline to address the registration-related filing impediment.
Seeks to extend the due date for furnishing the statement in FORM GSTR-8 by e-commerce companies for the months of October to December, 2018 till 31.01.2019
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Form GSTR-8 filing extension allows e-commerce operators additional time to submit monthly collected supplies statements due to portal issues.
Extension of the due date for furnishing the statement in FORM GSTR-8 allows e-commerce operators who collected amounts but could not obtain registration or access the common portal to file the prescribed electronic statement for October, November and December 2018 by the declared extended date, thereby addressing technical barriers to timely compliance.
West Bengal Goods and Services Tax (Third Removal of Difficulties) Order, 2018
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Annual return filing deadline extended to late June, easing compliance for specified registered taxpayers due to portal delay.
The Order uses the removal-of-difficulties power to substitute a later date in the Explanation to section 44, thereby extending the deadline for furnishing the annual return electronically for the relevant financial year because the electronic filing system was not operational. The extension applies to registered persons generally, excluding Input Service Distributors, persons paying tax under specified provisions, casual taxable persons and non-resident taxable persons.
Seeks to amend Removal of Difficulty Order No. 1/2018 dated 11.12.2018 so as to extend the due date for furnishing of annual returns in FORM GSTR-9, FORM GSTR-9A and reconciliation statement in FORM GSTR-9C for the FY 2017-2018 till 30.06.2019.
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Extension of annual GST return deadline: due date deferred to allow filings after electronic system delay.
The Central Government, using the removal-of-difficulties power, amended the Explanation to the annual-return provision to substitute the earlier due date with a later date for furnishing annual returns electronically for FY 2017-2018, in order to accommodate delays in operationalising the electronic filing system and enable affected registered persons to file required returns and reconciliation statements.
West Bengal Goods and Services Tax (Second Removal of Difficulties) Order, 2018
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Input tax credit extension permitted where supplier uploads return details within the revised filing window, enabling limited rectifications.
The Order inserts provisos to section 16(4) and section 37(3) to permit claiming input tax credit after the original return-filing cut-off where the supplier has uploaded the relevant details under section 37(1) within the extended period, and to allow rectification of errors or omissions in details furnished under section 37(1) during the same transitional extension, subject to payment of any tax and interest.
Seeks to extend the due date for availing ITC on the invoices or debit notes relating to such invoices issued during the FY 2017-18
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Input tax credit extension allows claiming FY2017 18 invoices after Sep 2018 return until March 2019 return deadline.
Allows registered persons to claim input tax credit on invoices and related debit notes for FY2017-18 after the due date for the September 2018 return until the due date for the March 2019 return, provided the supplier uploaded details under section 37(1) by the March 2019 due date; also permits rectification of errors or omissions in section 37(1) details during the same extended period.
Review of Offer for Sale (OFS) of Shares through Stock Exchange Mechanism
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Offer for Sale eligibility expanded and a cancellation mechanism formalised, requiring exchanges to amend systems and rules.
The circular amends the OFS framework by setting a market capitalization threshold computed as the six month average daily market capitalization prior to the month of the OFS, and by permitting the seller to cancel the entire offer if sufficient non retail demand at or above the floor price is not achieved on T day, thereby foregoing retail bidding on T+1. Recognised stock exchanges must implement systems, amend bye laws, notify member brokers, and disseminate the circular; all other OFS conditions in earlier circulars remain unchanged.
Creation of segregated portfolio in mutual fund schemes
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Creation of segregated portfolio for downgraded debt enables separate NAVs, restricted redemptions, and mandated disclosures to investors.
Segregated portfolios may be created at the ISIN level for debt or money market instruments affected by issuer level credit events, subject to scheme disclosures and trustee approved AMC policy. AMCs must decide on the credit event day, obtain trustee approval within one business day, suspend transactions until approval, and if approved, allocate equal segregated units to existing investors, disclose NAVs for main and segregated portfolios from the credit event date, restrict subscriptions and redemptions in the segregated portfolio, enable listing and transfers to facilitate exits, and value affected securities using fair valuation reflecting the credit event.
AEO programme digitization - Ease of doing business - Development of web-based application for AEO-T1
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AEO programme digitization enables online filing for AEO T1 while allowing manual filings during transition; review cycles extended.
A web-based AEO portal has been launched for online filing, processing and digital issuance of AEO-T1 certificates, with manual filing permitted concurrently during the transition period to avoid processing delays. The validity of AEO-T1 and AEO-T2 certificates and the intervals for review and onsite PCA have been extended to a three-year cycle, and the Directorate may initiate reviews at any time if adherence to AEO conditions is suspected to be compromised.
Forwarding of received applications under Regulation 4 of Customs Brokers Licensing regulations, 2018 to National Academy of Customs, Indirect Taxes and Narcotics, NACIN
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Customs broker applications must be forwarded with contact details and photo for a new online written examination starting 2019.
Applicants for customs broker authorisation must have application information forwarded to the designated exam authority for an online written examination commencing 2019. Candidates filing with the Commissioner of Customs, Pune must submit prescribed contact details and a passport-size photograph in specified file formats and sizes, and Commissionerates must collect and forward this information using the enclosed format and nominate a nodal officer for coordination.
Revision of All Industry Rates AIRs of Duty Drawback
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Duty Drawback AIRs revised to neutralize input duties; claims require specified tariff suffixes and caps apply.
Revised All Industry Rates (AIRs) of Duty Drawback neutralize customs and specified excise incidence on inputs and petroleum derivatives by assigning an AIR and cap to each tariff item; claims require suffixes on tariff items (suffix B for standard AIRs and suffix D for specified garments under special advance authorizations). Rates have been increased, rationalized or newly introduced for selected sectors; caps applied where necessary. Exporters may submit representations with supporting data for rate revision to the Drawback Committee and must report errors or difficulties to the Board.
Clearance of fully facilitated Bills of Entry pending for more than 24 hours
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Clearance of fully facilitated Bills of Entry to be completed within 24 hours; helpdesk available for importer and broker assistance.
Importers and Customs Brokers must clear fully facilitated Bills of Entry-no assessment/no examination-within 24 hours of entry inward/arrival. Observed delays in duty payment and registration after payment are noted. A RMS facilitation centre helpdesk has been created, with named RMS and appraisal officers and contact numbers, to resolve issues and secure Out of Charge within the 24 hour timeframe.
Amendments in the Appendix 3B, Table 2 of the Merchandise Exports from India Scheme (MEIS)
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MEIS rate increase for fresh onions announced, enhancing export reward eligibility for qualifying shipments under a public notice.
An amendment to Appendix 3B, Table 2 of the Merchandise Exports from India Scheme increases the MEIS reward rate for Onions, Fresh or Chilled for exports made from the date of publication of the Public Notice until 30 June 2019, with immediate effect.

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