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Eligibility to file a refund application in FORM GST RFD-01 for a period and category under which a NIL refund application has already been filed
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GST refund eligibility after NIL filing is governed by uniform instructions for FORM GST RFD-01 applications.
Eligibility to file a refund application in FORM GST RFD-01 for a period and refund category in which a NIL refund application has already been filed is addressed through a clarification intended to secure uniform implementation of GST refund provisions. State tax field formations are instructed to follow that clarification for consistent administration of refund applications following NIL refund filings.
GST on license fee charged by the States for grant of Liquor licences to vendors
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GST treatment of state liquor licence fees treats State grants as non-supply, limiting exemption to state-issued liquor licences.
Granting of liquor licences by State Governments for licence or application fees was taxable and initially subject to reverse charge; the GST Council recommended exempting transitional demands and the Central Government enacted relief. Later, the Council recommended and the Central Government notified that State grants of alcoholic liquor licences for consideration are to be treated as neither a supply of goods nor a supply of service, a dispensation limited to State-issued liquor licences and not applicable to other fee-based licences.
GST on license fee charged by the States for grant of Liquor licences to vendors
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GST treatment of liquor licence fees clarified as neither supply of goods nor service; applies only to State grants.
State-granted liquor licence fees for alcoholic liquor are treated as neither a supply of goods nor a supply of service for GST purposes, implementing a GST Council decision and Notification No. 25/2019-Central Tax (Rate). The clarification is confined to State Government grants of such licences and does not affect GST liability for other licences or fee-based privileges; earlier transitional relief for specified pre-GST taxable periods is acknowledged.
Clarification on the effective date of explanation inserted in notification No. 11/2017- CTR dated 28.06.2017, Sr. No. 3(vi)
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Explanation under Section 11(3) clarifies retrospective effectiveness from the original entry despite a later effective date statement.
The explanation excluding Government and Local Authority activities from 'business' was inserted under Section 11(3) of the CGST Act within the permitted one year period and therefore has effect from the inception of the original concessional entry; a later statement of an effective date in the implementing notification does not alter that retrospective operation.
Clarification on the effective date of explanation inserted in notification No. 11/2017- CTR dated 28.06.2017, Sr. No. 3(vi)
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Explanation under Section 11(3) confirmed effective from inception of concessional entry, clarifying retrospective operation period.
The explanation excluding Government and Local Authority activities from the term 'business' in Sl. No. 3(vi) of notification No. 11/2017 CTR, inserted by notification No. 17/2018 CTR, was made under Section 11(3) and therefore operates from the inception of the original concessional entry; a subsequent line in the later notification stating a later commencement date does not alter that retrospective operation.
Clarification regarding taxability of supply of securities under Securities Lending Scheme, 1997
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Securities lending fees are taxable; lenders paid IGST until 30 Sep 2019, borrowers liable under reverse charge from Oct 1, 2019.
Lending of securities under the Securities Lending Scheme is a taxable supply of services when a lending fee is charged; intermediaries' facilitation services are also taxable. The supply attracts GST at 18%. From 01.07.2017 to 30.09.2019 the lender was liable under forward charge (IGST), and from 01.10.2019 the borrower is liable under the reverse charge mechanism (IGST).
Clarification regarding taxability of supply of securities under Securities Lending Scheme, 1997
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Securities lending fees are taxable under GST; lender liable initially, then borrower liable under reverse charge from October 2019.
Lending of securities does not amount to disposal of securities and thus is not a transaction in securities; however, the lending fee charged by the lender is consideration for a taxable service and taxable under GST. Intermediary services facilitating lending are also taxable. Classification and rate are specified; from 01.07.2017 to 30.09.2019 GST was payable by the lender under forward charge (IGST), while from 01.10.2019 GST is payable by the borrower under reverse charge (IGST).
Clarification regarding determination of place of supply in case of software/design services related to Electronics Semi-conductor and Design Manufacturing (ESDM) industry
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Place of supply: software and design services using sample hardware treated at recipient's location when testing is ancillary.
Where testing of software/design on prototype hardware supplied by the recipient is ancillary to a composite supply of chip design/software development, the activity is an ancillary part of a single supply and the place of supply is the location of the service recipient under the IGST place-of-supply rule. The rule concerning goods made physically available by the recipient does not separately determine place of supply for such ancillary testing; the contractual facts must be examined without artificially separating the composite supply.
Clarification regarding determination of place of supply in case of software/design services related to Electronics Semi-conductor and Design Manufacturing (ESDM) industry
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Place of supply: composite software/design services with ancillary hardware testing are located at the service recipient's location.
Where software or integrated circuit design services include testing on prototype hardware provided by the recipient and that testing is ancillary to the principal software/design development, the entire engagement is a composite supply and the place of supply is the location of the service recipient under the IGST framework; separate place-of-supply rules for performance-based supplies do not apply to the ancillary testing component.
Clarification on applicability of GST exemption to the DG Shipping approved maritime courses conducted by Maritime Training Institutes of India
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GST exemption for DG Shipping approved maritime training courses applies where courses form part of a recognised qualification, subject to notification conditions.
GST exemption for services by educational institutions applies to maritime training institutes and courses approved by the Director General of Shipping when the courses form part of a curriculum for obtaining a qualification recognised by law. Approval and designation powers under the Merchant Shipping Act and the associated STCW rules establish that DG Shipping approved institutes and courses qualify as education recognised for GST exemption, subject to the conditions set out in the relevant Central tax notification entry for educational institutions.
Clarification on applicability of GST exemption to the DG Shipping approved maritime courses conducted by Maritime Training Institutes of India
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GST exemption for DG Shipping approved maritime courses affirmed, subject to the notification's specified conditions under GST law.
Maritime Training Institutes and courses approved by the Directorate General of Shipping under the Merchant Shipping Act and related STCW Rules meet the GST definition of an educational institution, and services they provide are exempt from GST provided they satisfy the conditions specified in the applicable GST notification entry for educational services.
Levy of GST on the service of display of name or placing of name plates of the donor in the premises of charitable organisations receiving donation or gifts from individual donors
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GST on donor recognition: no tax where name displays are mere acknowledgements without commercial promotion or quid pro quo.
Where donations to charitable organisations are acknowledged by placing donor name plates solely as expressions of gratitude and public recognition, without promoting the donor's business or any quid pro quo obligation by the recipient, such placements do not constitute a supply for consideration and are not liable to GST; the non-levy applies where the recipient is charitable, the payment is a genuine donation, and the purpose is philanthropic without advertising intent.
Levy of GST on the service of display of name or placing of name plates of the donor in the premises of charitable organisations receiving donation or gifts from individual donors
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GST on donor name display: gratuitous acknowledgements that do not amount to advertising are not taxable supplies.
Where a charitable institution receives a donation or gift and acknowledges the donor by displaying the donor's name on its premises solely as an expression of gratitude without promoting the donor's business, there is no supply for consideration because no quid pro quo exists; GST is not leviable when the recipient is a charitable organisation, the payment is a genuine donation, and the purpose is philanthropic and not advertising.
Clarification on issue of GST on Airport levies – reg.
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GST on airport levies: airlines may collect PSF/UDF as pure agents while airport operators remain liable to pay GST.
PSF and UDF charged by airport operators are consideration for services to passengers and are taxable under GST; airlines that collect these charges act as agents and, if they satisfy Rule 33's pure agent conditions, must separately indicate the actual PSF/UDF and GST in invoices and exclude those amounts from their taxable value. Airlines may not claim ITC on GST paid on PSF/UDF. Airport operators remain liable to pay GST on PSF and UDF collected, and collection charges paid to airlines are taxable as consideration for airline services.
Clarification on issue of GST on Airport levies
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Pure agent treatment: airlines may exclude airport levies from supply value if conditions met, airport liable for GST.
PSF and UDF charged by airport operators are consideration for services to passengers and are taxable under GST; airport operators are liable to pay GST on these levies even when collected through airlines. Airlines may exclude such amounts from their supply value if they qualify as a pure agent under Rule 33 by separately indicating the charges and GST in invoices, but airlines cannot take ITC on GST payable on PSF/UDF. Collection charges paid to airlines are taxable to airlines and ITC is available to airport operators; passengers may claim ITC on the basis of the pure agent invoice.
Clarification on scope of support services to exploration, mining or drilling of petroleum crude or natural gas or both
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Service classification for oil and gas activities clarified: exploration consulting under technical services, extraction support under extraction heading.
Clarification allocates technical, professional and consulting exploration services to heading 9983 as governed by explanatory notes to codes 998341 and 998343, while support and operational services for oil and gas extraction remain under heading 9986 governed by codes 998621 and 998622; activities excluded from those entries must be classified in their respective headings and taxed accordingly.
Clarification on scope of support services to exploration, mining or drilling of petroleum crude or natural gas or both
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Service classification for oil and gas: technical consulting belongs to professional services, operational tasks to support services.
Technical and consulting activities-geological and geophysical advice, feasibility and evaluation studies and intellectual information products-fall under the professional, technical and business services heading; operational and on-site activities-derrick erection, well casing, cementing, pumping, plugging, abandoning wells, test drilling for extraction, overburden removal and mine preparation-fall under support services to oil and gas extraction or other mining heading. The scope of the relevant entries is governed by the Scheme of Classification of Services' explanatory notes, and services outside those entries must be classified in their respective headings and taxed accordingly.
Clarification regarding GST rates & classification (goods)
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GST classification and applicable rates clarified for legumes, almond milk, sprayers, naval stores, leased imports, solar and medical parts.
Clarifies GST classification and applicable rates: dried leguminous vegetables subjected only to mild heat remain under HS 0713 with concessional or exempt treatment depending on packaging; almond milk is classifiable under tariff item 2202 99 90; mechanical sprayers of all types fall under Schedule II entry 195B with concessional rate; imported naval stores are GST exempt; imports taken on lease qualify for IGST exemption where linked to specified Schedule II services subject to bond and conditions; parts for solar water heaters (Ch.84/85/94) and parts solely for medical devices (per Chapter Note 2(b)) receive concessional classification.
Framework for issue of Depository Receipts
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Depository receipts issuance framework establishes eligibility, jurisdictional and compliance requirements for issuing and listing DRs on specified international exchanges.
The circular establishes a framework for issuance of Depository Receipts by listed Indian companies, prescribing eligibility restrictions for issuers and transferring holders, limiting issuance to dematerialized equity or debt that rank pari passu, requiring aggregate foreign holdings (including DRs) to remain within FEMA and SEBI limits while maintaining minimum public shareholding, and confining issuance and listing to notified permissible jurisdictions and specified international exchanges that meet high listing standards.
Compliance of Contiguity Condition of SEZ in terms of Rules 5 & 7
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Contiguity condition compliance: Development Commissioner certification required following joint inspections confirming SEZ boundary continuity.
Compliance with the contiguity condition for Special Economic Zones must be assessed in every proposal in accordance with Rule 5 read with Rule 7 of the SEZ Rules, 2006. The Development Commissioner must certify compliance after inspections by SEZ officials supported by Revenue Department officials, and such certification is the prescribed administrative mechanism for verifying contiguity in proposal reviews.

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