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Circulars
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Putting of mono-canons on Bottled in Origin alcoholic beverages in both Public and Private bonded warehouses
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Container handling in bonded warehouses permitted to enable statutory labelling; repacking into mono and outer cartons allowed.
Repacking imported Bottled in Origin alcoholic beverages by removing the original shipper's carton for statutory labelling and placing bottles into mono cartons and outer cartons is not a manufacturing or processing operation and thus cannot be authorised under manufacture/processing provisions; however, such dealing with containers to prevent loss, deterioration or damage is permissible in public and private bonded warehouses under the Customs Act's container management allowance.
Roll out or Project Import Module in ICES
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Project Import Module mandates electronic project registration, PI bond linkage, and filing of import declarations under the PI scheme.
Project Imports will be processed through a new ICES Project Import Module: projects are registered in the LIC role and approved in APR to generate a 10 digit project number, registration requires entry of all imported items with quantity and CIF value and mandatory PI bond details, PI bonds are a new national provisional bond usable at any port, BES must be filed with scheme code PI quoting project item serials and project number, item wise bond debits and a project ledger will be maintained, and finalization and bond re crediting will use FAO and EDC role functions.
Implementation of the Risk Management System (RMS) in Exports and Imports and Local Risk Management System Administration
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Risk Management System extended to exports and imports; prior standing orders and facility instructions must be followed.
Implementation of the Risk Management System (RMS) for exports and imports is instituted and officers are directed that the procedural instructions in Standing Order No. 03/2019 and Standing Order No. 04/2019, as well as Facility guidance, must be followed at customs stations where RMS has been made operational, aligning local administration with the RMS framework for risk profiling and examination selection.
Streamlining issuance of SCORES Authentication for SEBI registered intermediaries
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SCORES Authentication automated issuance streamlines credential delivery to newly registered SEBI intermediaries via contact email.
SEBI has automated issuance of SCORES Authentication for newly registered intermediaries, with user IDs and passwords auto generated and sent to the Contact Person/Compliance Officer email upon online grant of registration; newly registered intermediaries are exempted from submitting Form B, may self update their primary SCORES email and registered address, while listed companies continue to follow the prior process for obtaining credentials.
Recovery of drawback for non-realization of export proceeds
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Recovery of drawback for unrealized export proceeds may proceed ex parte after offered personal hearing and documentation deadline.
Recovery of drawback is being pursued for exporters who failed to submit Bank Realization Certificates or negative statements evidencing realization of export proceeds; Show Cause Notices under Rule 16A were issued and defaulting exporters listed in an annexure are invited for personal hearing and document submission within the prescribed period. Failure to appear or produce proof will result in ex parte Orders-in-Original and initiation of revenue recovery, while exporters with existing proof are directed to submit copies to avoid coercive action.
Clarifications regarding Refunds of IGST paid on import in case of specialized agencies
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Refund of IGST on imports: specialized agencies can claim refunds under Section 55 and customs will operationalise the mechanism.
Refund of IGST on imported goods by specialised agencies is to be operationalised by customs field formations pursuant to the refund framework under Section 55 of the CGST Act and related rate notifications. Specialised agencies paying IGST at import are eligible to claim refunds upon production of certification that goods are for official use, and customs formations must implement this mechanism as a standing order.
Clarification regarding applicability of Notification 45/2017- customs dated 30.06.2017 on goods which were exported earlier for exhibition purpose/consignment basis
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Re-import exemption clarification: re-imported exhibition or consignment goods not subject to integrated tax where no supply occurred.
Re-importation of goods sent abroad for exhibition or on consignment is not a supply where no consideration existed at export, and therefore not a zero-rated supply; no LUT/bond is required for that outward movement, and because no integrated tax was payable at export, the customs condition demanding integrated tax payment on re-import to claim exemption does not apply-such re-imports should be classified under the residuary customs entry instead.
Clarification in respect of goods sent/taken out of India for exhibition or on consignment basis for export promotion
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Non supply of goods sent abroad for exhibition is not zero rated; invoicing and refunds arise only on sale or deemed supply.
Removal of goods for exhibition or consignment abroad is not a supply absent consideration or Schedule I applicability, and therefore not a zero-rated supply. Such removals qualify as sale on approval and must be accompanied by a delivery challan; no bond or LUT is required. A tax invoice is to be issued when goods are sold abroad or, if neither sold nor returned within the stipulated period, on the date the supply is deemed to occur. Refund of input tax credit for zero-rated supply is available only after the invoice is issued in accordance with the rules.
Clarification on doubts related to supply of Information Technology enabled Services (ITeS services)
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Intermediary status determines whether an ITeS provider qualifies as export of services under GST criteria.
The circular clarifies that an intermediary arranges or facilitates supplies but excludes persons supplying services on their own account; suppliers of ITeS who provide services on their own account are not intermediaries, whereas those who only facilitate a client's supplies are intermediaries. When both types of services are provided, intermediary status is fact specific and depends on the principal supply. A supplier who is not an intermediary may qualify as an export of services only if supplier and recipient locations, place of supply, convertible foreign exchange payment, and distinct establishment criteria are satisfied.
Clarification on various doubts related to treatment of secondary or post-sales discounts under GST
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Post sale discount treatment under GST: conditional discounts are consideration for services and attract GST and ITC consequences.
Treatment of post sales discounts under GST turns on their nature and any dealer obligations. Discounts without further dealer action relate to the original supply and may be excluded from the supplier's value if section 15(3) conditions are met. Discounts conditional on dealer promotional activity are consideration for services supplied by the dealer and attract GST with corresponding ITC for the supplier. Discounts paid to enable reduced customer prices must be added to the dealer's value of supply; registered customers can claim ITC only to the extent of tax paid. Where discounts cannot be excluded, suppliers may issue financial/commercial credit notes but cannot reduce original tax liability; dealers need not reverse ITC if they adjust payment per the credit note and original tax charged.
Processing of refund applications in Form GST RFD-01A submitted by taxpayers wrongly mapped on the common portal
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Incorrect taxpayer mapping on GST portal permits the authority receiving the electronic transfer to process refund claims and request portal correction.
If the common portal has electronically transferred a refund application to an incorrect jurisdiction because of wrong taxpayer mapping and the portal lacks re-assignment capability, the receiving tax authority may process the refund claim without waiting for correction; once processing is complete the authority should inform the portal of the incorrect mapping and request an update so that subsequent applications route to the correct jurisdiction.
Clarification regarding determination of place of supply in certain cases
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Place of supply rules govern port cargo handling and processing of temporarily imported goods, determined under IGST provisions.
Clarification states that cargo-handling and related port activities are ancillary and not services connected to immovable property, so their place of supply is determined under the IGST provisions applicable to services between supplier and recipient based on contractual terms. It also states that cutting and polishing of unpolished diamonds temporarily imported for processing and exported without being put to use fall within the temporary import exception, and their place of supply is determined under the IGST provision for services on goods temporarily imported for treatment or process.
Clarification on various doubts related to treatment of sales promotion schemes under GST
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GST treatment of sales promotion schemes clarifies taxability, valuation and input tax credit consequences.
Clarification addresses GST taxability, valuation and availability of Input Tax Credit for sales promotion schemes: free samples and gifts without consideration are not supplies except where Schedule I applies and therefore generally preclude ITC; "Buy One, Get One" offers are treated as combined supplies with tax determined by composite versus mixed supply classification and allow ITC for related inputs; invoice-time discounts that meet valuation conditions can be excluded from taxable value and permit ITC claims, whereas secondary post-supply discounts issued by credit note cannot be excluded under valuation rules and do not alter supplier ITC entitlement.
Clarifications on refund related issues
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Refund eligibility for exporters and specified taxpayers clarified; prescribed returns suffice and misclassified zero-rated supplies accepted under conditions.
An ISD, composition taxpayer and non-resident taxable person need not file Form GSTR-1 or Form GSTR-3B to claim electronic ledger refunds; their respective returns (GSTR-6, GSTR-4, GSTR-5) suffice. Refunds for misdeclared zero-rated supplies/SEZ supplies will be permitted for the specified tax periods provided claimed integrated tax/cess does not exceed the aggregate amount reported across the relevant GSTR-3B columns. Refund of unutilized compensation cess credit on cessable inputs used in non-cessable final products is allowed for zero-rated supplies under bond or LUT, subject to restrictions on utilizing cess credit for IGST payment.
Clarification in respect of goods sent/taken out of India for exhibition or on consignment basis for export promotion.
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Zero rated supply treatment: goods sent abroad for exhibition are not zero rated until sold or deemed supplied after the prescribed period.
The circular clarifies that sending or taking specified goods out of India for exhibition or consignment does not constitute a supply at the time of removal because no consideration is received, and therefore is not a zero rated supply. Such movements require a delivery challan and maintenance of prescribed records; bond or LUT is not required. Supply is triggered and a tax invoice is required either on actual sale abroad or upon deemed supply after the stipulated statutory period; refund of input tax credit for zero rated supply may be claimed only after invoicing and if otherwise eligible under statute and rules.
Clarification on doubts related to supply of Information Technology enabled Services (ITeS services).
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Intermediary classification determines export of ITeS services under GST, affecting tax treatment for suppliers to overseas clients.
Clarification explains that a supplier who provides ITeS on his own account is not an intermediary, whereas a supplier who only arranges or facilitates a client's supply by providing support services will be an intermediary. When both ITeS and facilitation services are supplied together, intermediary status depends on which service is the principal supply. Suppliers who are not intermediaries may qualify as export of services if all statutory conditions-supplier in India, recipient outside India, place of supply outside India, payment in convertible foreign exchange, and non-distinct person relationship-are satisfied.
Clarification on various doubts related to treatment of secondary or post-sales discounts under GST.
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Post-sales discounts determine GST treatment: unconditional discounts adjust original supply value, conditional discounts trigger service taxation.
Post-sales discounts are governed by clause (b) of sub-section (3) of section 15 and must be characterised by their true nature: unconditional discounts relate to the original supply and may be excluded from the supplier's value of supply if sub-section (3) conditions are met; discounts conditional on dealer promotional activities constitute consideration for a separate supply of services by the dealer, on which the dealer must charge GST and the supplier may claim input tax credit. Discounts enabling dealers to offer reduced prices to customers must be included in the dealer's value of supply, and receipt of financial/commercial credit notes does not compel the dealer to reverse ITC where the dealer pays the reduced net value and the supplier had charged original tax.
Processing of refund applications in FORM GST RFD-01A submitted by taxpayers wrongly mapped on the common portal.
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Refund application processing may proceed by the receiving tax authority despite incorrect portal mapping; inform portal to correct assignment.
Where reassignment of a refund application on the common portal is not possible because portal mapping differs from administrative assignment, the tax authority to which the application has been electronically transferred must process the refund claim without delay and thereafter inform the common portal of the incorrect mapping with a request to update it so future applications are routed to the correct jurisdictional authority.
Clarification regarding determination of place of supply in certain cases.
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Place of supply rules: port cargo handling services are ancillary and determined under IGST provisions per contract.
Place of supply for port cargo handling activities (arrival/haulage/siding/unloading/movement/staking/shipment) is determined under the IGST place of supply provisions depending on the contract, as these services are ancillary and not immovable property related. Services on goods temporarily imported for cutting, polishing or similar treatment and exported without being put to any other use have their place of supply determined under the IGST provision for services in respect of temporarily imported goods.
Clarification regarding applicability of GST on additional / penal interest.
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GST on penal interest: taxable when part of a goods supply but exempt if genuine interest charged by a lender.
The circular clarifies that penal interest levied on delayed EMI payments is taxable when it forms part of the value of a supply of goods, but where penal interest is charged by a lender as genuine consideration for extending a loan it qualifies as interest and is exempt; service fees or other charges by the lender do not qualify as exempt interest and remain taxable.

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