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Circulars
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Supersession of the order No. 12-4/78-EXN-Tax Part, dated 30th June 2017 & No. 12-4/78-EXN-Tax-Part-278/22(a)-34315, dated 5th December, 2018.
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Proper Officers designation under state GST law clarifies assigned powers and enables extension of jurisdiction across zones and districts.
The order designates specified categories of officers as Proper Officers under the Himachal Pradesh GST Act effective 1 May 2018, assigning each rank and unit the GST provisions they administer; it confirms that district officers' territorial authority for the relevant provision extends to the whole district and that higher ranked officers and specified headquarters units have state wide jurisdiction, while authorising the Commissioner and zonal and district in charges to extend officers' jurisdiction as necessary.
Circular on Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019
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Legacy dispute resolution: duty linked relief with full waiver of interest and penalties to clear past indirect tax disputes.
The Sabka Vishwas Scheme, 2019 provides a time bound, automated mechanism to settle legacy Central Excise and Service Tax disputes and permit voluntary disclosures. Relief is linked to the duty amount communicated or admitted and includes scaled duty reductions with full waiver of interest and penalty. Eligibility covers adjudication, appeals, investigations and quantified audit demands subject to specified exclusions. Declarations are processed by Designated Committees with automated relief calculation; successful payment and appeal withdrawal lead to issuance of a conclusive discharge certificate subject to narrow reopening for false voluntary disclosures.
Clarification regarding applicability of All Industry Rates of duty drawback while fixing Brand Rate of duty drawback in post GST era.
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Applicability of All Industry Rates clarified: AIRS no longer apply for Brand Rate fixation in post GST era.
AIRS of duty drawback are not applicable for Brand Rate fixation in the post GST era because GST has subsumed Central Excise and service taxes and provides input tax credit; accordingly earlier circulars premised on excise exemptions do not apply. Duties not neutralized by GST may be claimed by exporters on an actual basis under Rules 6 and 7 of the Drawback Rules, 2017.
Annual returns in GSTR 9 - clarifications
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Annual GST return filing obligations clarified: data sources, ITC auto population, self correction and reconciliation procedures.
Registered persons must file annual return Form GSTR 9, using books of account, GSTR 1 and GSTR 3B as primary, synchronous sources; report discrepancies and pay unpaid tax or claim refunds through prescribed forms. Auto population is facilitative; taxpayers must report values per records. Outward supplies are allocated to Part II or Part V based on timing of tax payment via GSTR 3B; undeclared supplies go in Part II and additional liability is paid via DRC 03. ITC auto population in Table 8A depends on supplier filed GSTR I as of cut off, with Table 8C/8D treatment and informational disclosures explained. Section 73 self correction and GSTR 9C aggregate turnover rules are noted.
Clarification Regarding Circular No. 3/2019-Customs
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Labelling and packing in bonded warehouses permitted without special permission, subject to field officers' assessment of statutory compliance.
Labelling, packing and similar activities necessary to fulfil statutory compliance requirements are allowed in all Customs bonded warehouses without obtaining permission under Section 65 of the Customs Act; this position remains effective notwithstanding the Manufacture and Other Operations in Warehouse Regulations, 2019. The circular's scope extends beyond explicit examples to any activity required for statutory compliance, and field officers must evaluate and permit such activities without Section 65 permission.
Applicability of the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2019 notified on 25th July, 2019
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Amendment Regulations applicability limited to liquidation processes commencing on or after notification; prior liquidations excluded.
The Amendment Regulations apply prospectively and are not retrospective: they govern liquidation processes commencing on or after the date of notification and do not apply to liquidation processes that had commenced before that date; the circular reiterates this clarification for insolvency professionals and related entities under the Board's statutory power to issue guidance.
Regarding road checking of vehicles transporting goods
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Goods vehicle road checking instructions set inspection targets, night checks, transporter verification and continuous vehicle tracking compliance.
Instructions under the Uttar Pradesh GST framework regulate road checking of goods vehicles by mobile squad units through weekly deployment planning, recordal of checks, night inspections, and minimum monthly inspection targets by zone. The circular further prescribes reduced inspection benchmarks for sensitive goods, a minimum share of retail vehicle checks, physical verification of identified transporters, and continuous operation of Vehicle Tracking System equipment in squad vehicles.
Submission of correct return under GST.
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Input Tax Credit reporting must be corrected in periodic returns to ensure proper fund apportionment and avoid scrutiny.
The circular directs taxpayers to report ITC and reversals precisely in GSTR-3B Table 4: total eligible ITC including amounts to be reversed in 4(A); reversals under rule 42/43 in 4(B)(1) and reversals under rule 37 or other reversals in 4(B)(2); net available ITC in 4(C) as 4(A) less 4(B); and ineligible or blocked credits in 4(D) distinguishing section 17(5) items in 4(D)(1) and section 17(4)/rule 38 and other ineligible credits in 4(D)(2).
Amendment in Para 6.34(14) of Chapter 6 of Handbook of Procedure 2015-20
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Registration authority change: Development Commissioners no longer register EOUs; EPCES recognised as registering authority under Foreign Trade Policy
The amendment to Paragraph 6.34(14) narrows the Registration-cum-Membership Certificate role so the authority functions as registering authority for EHTP, STP and BTP units only; a separate Registration-cum-Membership Certificate is not required as provided in Paragraph 2.55 of the Foreign Trade Policy. The Public Notice notes a consequential change to Development Commissioner powers because EPCES is recognised as registering authority for EOUs.
Information regarding withdrawal of Customs Staff from ICD, Thar Dry Port, Jodhpur w.e.f. 01.09.2019
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Withdrawal of Customs Staff affects customs clearance at ICD Thar Dry Port; trade must clear consignments and arrange alternatives.
The custodian of ICD Thar Dry Port, Jodhpur failed to pay Cost Recovery Charges in advance on the required quarterly basis despite repeated requests and applicable Board guidance; accordingly Customs staff posted at the ICD will be withdrawn effective the date stated in the notice. Traders must promptly clear consignments in the pipeline and make alternative arrangements for future import/export handling. The notice underscores the custodian's obligation to deposit cost recovery charges in advance under the custodial and customs cost recovery framework to permit continuation of on site Customs services.
Clarification regarding applicability of All Industry Rates of duty drawback while fixing Brand Rate of duty drawback in post GST era
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All Industry Rates no longer apply to brand rate duty drawback post GST; exporters must claim unrecovered duties on actual basis.
Pre GST Circulars permitting use of All Industry Rates for Brand Rate fixation rested on excise exemptions for certain inputs; post GST, with input tax credit/refund available, that premise no longer applies. Therefore those Circular provisions are not applicable to exports in the post GST regime, and any duties not otherwise neutralised may be claimed by exporters on an actual basis under the applicable Drawback Rules.
Reduction of Time Gap Between Berthing of Vessel and Entry Inwards
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Entry Inwards timing: grant upon vessel reporting at pilot station to expedite unloading and commence operations promptly.
Entry Inwards will be granted when a vessel reports at the pilot station/when the pilot boards, based on an automatic message or e-mail from Port Control/Pilot Station or simultaneous intimation from shipping agents; the time recorded in the EDI system will be the time of arrival. The Boarding Officer shall maintain logs, grant Entry Inwards promptly on receipt of the information, and thereafter complete boarding formalities and take action on any mis-declaration; applicable rates and duties are governed by Section 15 of the Customs Act, 1962.
Incomplete description and misclassification in automobile parts and accessories
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Classification of motor vehicle parts: ensure accurate descriptions and correct tariff classification to reduce assessment delays.
Importers of motor vehicle parts must provide precise item descriptions and correct tariff classification to facilitate customs assessment and reduce dwell time. Goods specifically meant for use as automobile parts and accessories should be classified under the tariff heading covering parts and accessories of motor vehicles; importers may include technical names and part numbers in brackets to clarify the nature of the goods and avoid misclassification and examination difficulties.
Requirement to be complied by every Composition taxpayer person with the conditions as mentioned in rule 5 of the CGST Rules
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Composition taxpayer labeling must include prescribed phrases on bills and signboards or attract enforcement action.
Persons opting for the composition levy must print "COMPOSITION TAXABLE PERSON, NOT ELIGIBLE TO COLLECT TAX ON SUPPLIES" in bold capital letters on every bill of supply and display "COMPOSITION TAXABLE PERSON" in bold capital letters on a prominent notice or signboard at their principal and additional places of business. Failure to comply authorises the proper officer to initiate action under GST law and may attract penalty, fine or prosecution under the CGST Act and rules.
Reduction of Government Litigation —Raising of monetary limits for filing appeals by the Department before CESTAT/High Courts and Supreme Court in Legacy Central Excise and Service Tax.
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Monetary appeal thresholds limit departmental litigation, preventing filing below prescribed limits and mandating withdrawals and reporting.
Fixation of monetary limits prevents the Department from filing appeals in legacy Central Excise and Service Tax matters before CESTAT, High Courts and the Supreme Court where demands fall below prescribed thresholds. The instruction applies to pending cases; withdrawal follows existing practice and earlier terms, except that issues involving a substantial question of law will be contested regardless. Field formations must report withdrawal status monthly via Tables P and P-1 in the Monthly Performance Report and keep a separate register for Board perusal.
Corrigendum to Circular No. 20/2019/GST, Dated 16.4.2019 issued vide CCTs Ref.in CCW/GST/74/2015.
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Composition scheme opt-in deadline extended; intimation in Form GST CMP-02 and statement in Form GST ITC-03 required.
The corrigendum extends the deadline for a registered person to opt for payment of State tax @ 3% by filing intimation in FORM GST CMP-02 selecting "Any other supplier eligible for composition levy" and requires such person to furnish a statement in FORM GST ITC-03 as per sub rule (3) of rule 3.
Issues related to GST on monthly subscription/contribution charged by a Residential Welfare Association from its members.
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GST exemption ceiling on RWA maintenance dictates taxability and registration when turnover thresholds are exceeded.
Supply of maintenance or subscription services by a Residential Welfare Association to its members is exempt from GST where charges are reimbursement or contribution for common goods and services and do not exceed the prescribed monthly ceiling per member. If the RWA's aggregate annual turnover exceeds the registration threshold, charges above the monthly ceiling render the entire amount taxable; if turnover is below the threshold, registration and GST are not required even if charges exceed the ceiling. RWAs may claim input tax credit on inputs, capital goods and input services used for such supplies. The ceiling applies per residential unit owned.
Clarifications regarding Refunds of IGST paid on import in case of specialized agencies
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Refund of IGST on imports: specialized agencies entitled to refunds and customs formations must process claims accordingly.
Specialized agencies notified under the CGST framework are entitled to refund of IGST paid on imported goods used or intended for official use, based on notification-linked refund provisions and the parity principle under the Customs Tariff Act; customs field formations are directed to process such refunds and treat the direction as a standing order.
Clarifications regarding Refunds of IGST paid on import in case of risky exporters
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Full physical examination of exports to be tapered where prior inspections showed no irregularity, with RMCC oversight.
The Board will gradually relax the requirement for universal physical examination of consignments from risk-identified exporters where earlier examinations disclosed no irregularity. RMCC shall evaluate field feedback on past examinations, review and recalibrate risk assessments, insert suitable system alerts based on re-evaluated risk, and taper down the percentage of physical checks. The directions in this Public Notice shall operate as a Standing Order for officers and staff, and implementation difficulties must be reported to the issuing office.
Clarification regarding applicability of All Industry Rates of duty drawback while fixing Brand Rate of duty drawback in post GST era
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Applicability of All Industry Rates suspended for Brand Rate fixation post GST; exporters must claim unneutralized duties on actual basis.
The pre GST allowance to use All Industry Rates for Brand Rate fixation no longer applies in the post GST regime because Central Excise and service tax on inputs have been subsumed into GST with input tax credit/refund. The specified portions of Circulars 83/2003 and 97/2003 are therefore inapplicable to post GST exports. Duties not refunded or neutralized under GST may be claimed on an actual basis under Rules 6 and 7 of the Drawback Rules, 2017; implementation is to be circulated to trade bodies and enforced as a Standing Order.

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