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Circulars
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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 entitlement for insurers on reimbursed motor vehicle repair costs is available, limited to approved reimbursed amounts.
Insurers are the recipient of motor vehicle repair services to the extent of approved repair liability and may claim ITC in reimbursement mode, subject to credit conditions. If garages issue separate invoices one to insurer for approved cost and one to insured for excess, ITC may be available on the insurer's invoice; if a single invoice is issued to the insurer but reimbursement covers only the approved cost, ITC is limited to that reimbursed approved amount. No ITC is available where the invoice is not in the insurer's name.
Clarification in respect of GST liability and input tax credit (ITC) availability in cases involving Warranty/ Extended Warranty, in furtherance to Trade Circular No. 15 T of 2023 dated 21.07.2023
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Extended warranty treated as a distinct service when separate from the goods supplier, attracting GST on the warranty supply.
Clarifies that replacements of goods "as such" during warranty are to be read as replacements of 'goods or its parts' and follow prior guidance on GST liability and ITC reversal; replenishment by a manufacturer to a distributor via delivery challan without consideration is not a taxable supply and does not require ITC reversal by the manufacturer; and extended warranty supplied by a person different from the goods supplier or supplied after original sale is a distinct supply of services, with the extended-warranty supplier liable to discharge GST on that service.
Clarification on taxability of salvage/ wreck value earmarked in the claim assessment of the damage caused to the motor vehicle
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Supply of salvage: insurers must discharge GST when they acquire and sell wreckage after full claim settlement.
Where an insurance contract provides for deduction of salvage/wreck value from the claim (deductible), ownership of the wreckage remains with the insured and the insurer has no GST liability on that deducted value; however, if the insurer settles the full insured declared value without deducting salvage, the salvage vests in the insurer and the insurer must discharge GST on disposal or sale of the salvage.
Modification to Enhanced Supervision of Stock Brokers and Depository Participants
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Filing deadline extension to October 31 for brokers and depository participants, requiring exchanges to notify and amend rules.
SEBI has extended the compliance timeline so that failure to furnish annual audited accounts by stock brokers and net worth certificates by depository participants (for year ending March 31) will be judged against an October 31 deadline; the change is effective immediately and exchanges/depositories must notify members, amend bye laws and report implementation in Monthly Development Reports.
Measures to instil confidence in securities market – Brokers’ Institutional mechanism for prevention and detection of fraud or market abuse
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Brokers' institutional mechanism for fraud prevention mandated with staggered risk-based implementation across broker categories and ISF standards.
Requires stock brokers to implement an institutional mechanism for prevention and detection of fraud or market abuse, comprising systems for surveillance and internal controls, broker and employee obligations, escalation and reporting, and a Whistle Blower Policy; the ISF, with SEBI, will frame implementation standards; stock exchanges must notify brokers, amend rules, issue applicability notices, mandate adoption of ISF standards, and report implementation status to SEBI.
Measures for Ease of Doing Business for Credit Rating Agencies (CRAs) – Timelines and Disclosures
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Timelines for CRA rating communication and appeals set prompt communication, appeal windows, and press release dissemination requirements.
Specific timelines require CRAs to communicate ratings to issuers promptly after rating committee meetings, allow issuers a short window to request review or appeal following periodic surveillance, and mandate dissemination of press releases and intimation to stock exchanges or debenture trustees within a prescribed period. CRAs must maintain an archive of all disclosures for ten years, while certain specified disclosures are published for shorter prescribed periods; records must be retained for ten years and issuer specific press releases/rating rationales made available on CRA websites.
Guidelines for Accurate Declaration and Provisional Assessment of Imported Cranes to Prevent Misdeclaration of Age and Capacity and Ensure Timely Finalisation of Bills of Entry.
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Provisional assessment for imported used cranes requires provisional duty, bond and engineer valuation pending RTO registration.
Provisional assessment is required for imported old and used cranes to prevent misdeclaration of year and capacity. Importers must pay duty on value ascertained by a Chartered Engineer at first check, submit a bond for the entire value and potentially provide a bank guarantee; finalisation follows submission of a matching RTO registration certificate, while mismatches will prompt revenue-protective action.
Launch of functionalities/features on Customs Brokers Licensing Management System (CBLMS) - Reg.
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Customs Broker Profile Correction: administrative edits now possible on CBLMS when broker applications cannot effect the change.
The CBLMS "Manage CB Profile" feature now allows System Administrators to modify all sections of an approved Customs Broker profile - Primary Details, Correspondence Address, Authorised Person Details, Proprietor/Partner/Director Details, Security Details and OPS Details - but brokers must submit change requests via Annexure B to their Policy Section only for changes that cannot be handled through existing broker applications; requests for changes achievable through broker applications will be invalid.
Launch of functionalities/features on Customs Brokers Licensing Management System (CBLMS)
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Customs Broker licensing management expands through digital succession, offence processing, profile updates, electronic NOCs, document issuance and account security.
CBLMS introduces online facilities for continuation of a proprietorship Customs Broker licence by an eligible major legal heir holding a G card, through a two-stage application process. Its offence module enables access to notices and orders, submission of replies, personal-hearing management, online penalty payment, notifications and case-history access. The portal also supports profile and address modifications, employee and other policy section details, electronic NOCs, issuance of downloadable official documents, notifications, user manuals and account lockout after repeated incorrect password attempts.
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 APGST Act, 2017
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Input tax credit availability: ducts and manholes in OFC networks treated as plant and machinery permitting ITC for telecom services.
Ducts and manholes used as conduits and network nodes for optical fiber cable networks are treated as plant and machinery under the Explanation to the GST provision and therefore availment of input tax credit on such ducts and manholes is not barred by the blocked credit clauses that restrict ITC for immovable property or related works contract receipts.
Clarification regarding tax ability 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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GST treatment of related-party loans clarified: interest-only lending is exempt, while loan-processing fees remain taxable.
Taxability of loans between related persons or between an overseas affiliate and its Indian affiliate is clarified under GST. A loan granted between related persons in the course or furtherance of business is a supply under Schedule I, but where the only consideration is interest or discount, the transaction of extending deposits, loans or advances is exempt from GST. Where no processing fee, administrative charge, service fee or loan-granting charge is levied over and above interest or discount, the lending arrangement is not to be treated as a supply of processing, facilitating or administering the loan.
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 entitlement for insurers on motor vehicle repair expenses confirmed where insurer bears approved repair liability through reimbursement.
ITC is available to general insurance companies for motor vehicle repair services reimbursed by them because the insurer, by reimbursing approved repair cost, is the recipient to that extent. Where separate invoices distinguish approved claim cost and excess amounts, ITC may be claimed on the invoice issued to the insurer; if a single invoice in the insurer's name covers full amount but insurer reimburses only approved cost, ITC is limited to the reimbursed approved cost. Absence of invoice in insurer's name precludes ITC.
04/2024 - 04-07-2024 Companies Law
Filing of Forms [BEN-2, MGT-6] due to migration from V2 Version to V3 Version in MCA 21 Portal from 4th July, 2024 to 14th July, 2024
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Filing extension for BEN-2 and MGT-6 due to portal migration; additional time granted without extra fees.
Ministry of Corporate Affairs will introduce eForm MGT-6 and BEN-2 in MCA-21 Version 3.0 on 15 July 2024, rendering these forms unavailable in Version 2.0 during the migration window from 4 July 2024 to 14 July 2024. Where due dates for filing BEN-2 or MGT-6 fall within that migration period, stakeholders are allowed an additional 15 days to file without payment of additional fees, the concession having been approved by the Competent Authority.
Reduction in denomination of debt securities and non-convertible redeemable preference shares
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Reduction in denomination of debt securities expands retail access; permits smaller private placements with prescribed safeguards.
Issuers may offer debt securities and non-convertible redeemable preference shares on private placement at a face value of Rs. Ten Thousand if they appoint at least one Merchant Banker, issue interest/dividend-bearing instruments with fixed maturity and no structured obligations, and, where applicable, employ permitted credit enhancements. Credit Rating Agencies must verify that support is unconditional, irrevocable and legally enforceable and that the support provider has a lower probability of default than the issuer. Trading lots shall equal face value and the amendments apply to private placement issues proposed to be listed from the circular's issuance.
Carriage of coastal cargo from one Indian port to another Indian port, in vessels carrying out coastal run- reg.
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Carriage of coastal cargo: consignors must present Bills of Coastal Goods at gate for preventive official processing and manifest compliance.
Consignors of coastal goods must present a Bill of Coastal Goods at the Green Gate and comply with the prescribed circular procedures, with BCG processing handled by the customs preventive official to expedite gate-in for vessels carrying both EXIM and coastal cargo. Vessels exclusively carrying coastal goods are exempt from filing BCGs but must file coastal arrival and departure manifests for cargo unloaded, carried forward, or loaded.
Implementation of the Sea Cargo Manifest and Transshipment Regulations (SCMTR) - Reg.
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Sea Cargo Manifest transition extended to allow parallel filing, urging stakeholders to adopt new SCMTR formats for compliance.
Extension permits continued acceptance of legacy manifest formats until 31st August 2024 to enable phased migration to new SCMTR formats and systems. Stakeholders must begin parallel filing in the new format immediately; amendments may continue in the old format during this phase. Complete details must be filed in the new format for matching and completeness analysis. DGoS will issue guidance on registration and filing requirements, troubleshoot errors, and make message filing mandatory location-wise via local public notices.
Clarification on taxability of salvage/ wreck value earmarked in the claim assessment of the damage caused to the motor vehicle
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GST liability on salvage value in motor vehicle insurance claims turns on whether ownership stays with the insured or passes to the insurer.
GST liability on salvage or wreck value in motor vehicle insurance claim settlements depends on the insurance contract. If salvage value is deducted from the claim as a pre-agreed deductible and ownership remains with the insured, the insurer is not liable to pay GST on that salvage value. If the claim is settled for the full insured declared value without deduction and the salvage passes to the insurer, GST is payable on the outward supply arising from disposal or 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 tax value
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Input tax credit reversal on life insurance premium excluded from taxable value is not required under GST rules.
The portion of premium in life insurance policies excluded from taxable value under Rule 32(4) of the Andhra Pradesh GST Rules, 2017 is not to be treated as a non-taxable supply or exempt supply. Mere exclusion from taxable value does not make that portion exempt, and therefore input tax credit reversal is not required under Section 17 read with Rules 42 and 43 in respect of such amount.
Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company
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ESOP and RSU GST treatment clarified for foreign holding company share allocations and cost-to-cost reimbursements.
Clarification is issued on the GST treatment of ESOP, ESPP and RSU arrangements where a foreign holding company directly allocates shares or securities to employees of an Indian subsidiary as part of the compensation package. The circular explains that the transfer of shares or securities is not a supply of goods or services under GST, and that employee participation under the employment contract is outside GST under Schedule III. Cost-to-cost reimbursement by the subsidiary is not treated as import of services, but any additional fee, markup or commission charged by the foreign holding company is taxable as a facilitation or arranging service on reverse charge basis.
Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the APGST Act, 2017 by the suppliers
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Reversal of Input Tax Credit: interim certificate requirement for post supply discounts to validate exclusion from taxable value.
Where suppliers issue tax credit notes post supply, the discount is excludable from taxable value only if it meets the Section 15(3)(b) conditions including proportionate reversal of input tax credit by the recipient; until portal verification exists, suppliers must obtain a CA/CMA certificate (with UDIN) from the recipient detailing credit notes, relevant invoices, ITC reversal amounts and supporting FORM GST DRC 03/return evidence, or where tax involved is below a low threshold, an undertaking from the recipient; such documents constitute admissible evidence and must be produced to tax officers on demand.

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