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Circulars
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GST exemption on the upfront amount payable in for long term lease of plots, under Notification 12/2017 – State Tax (R) S. No.41 dated 30.06.2017.
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GST exemption on upfront amounts for long-term leases permitted if payable in instalments but determined upfront.
GST exemption applies to the upfront amount charged for long term leases (thirty years or more) of industrial plots or plots for financial infrastructure under Entry No.41 of Notification 12/2017 - State Tax (R). The exemption is admissible whether that upfront amount is paid in one or more instalments, provided the amount is determined upfront. The clarification is effective from 30.04.2019.
Clarification regarding filing of application for revocation of cancellation of registration in terms of Removal of Difficulty Order (RoD) number 05/2019-State Tax dated 30.05.2019.
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Revocation of cancelled GST registration requires prior filing of due returns and thirty day compliance window after revocation.
Clarification of procedure for revocation of cancellation of GST registration under RoD No. 05/2019 and amendments to rule 23(1): where cancellation resulted from non furnishing of returns, returns due up to the date of cancellation must be furnished and amounts paid before filing for revocation; after revocation, returns for the period from cancellation order date to revocation must be filed within thirty days of the revocation order. For retrospective cancellations, an enabling proviso allows filing for revocation provided returns for the period from effective cancellation date to revocation are furnished within thirty days of revocation.
Clarification in respect of utilization of input tax credit under GST.
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Utilization of input tax credit: integrated tax credit must be exhausted before central or state credits, but may then be apportioned flexibly.
Integrated tax credit must be fully exhausted before any central or state/union territory tax credit is used; thereafter integrated credit may be apportioned in any order or proportion to discharge central or state/union territory liabilities, preventing accumulation in one ledger and permitting flexible cross-utilisation subject to the exhaustion mandate.
Clarification regarding exercise of option to pay tax under notification No. 2/2019- ST(R) dt 07.03.2019.
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Composition scheme option clarified: file prescribed forms to opt; applies to all PAN-linked places of business.
Registered persons eligible for the reduced composition-like levy may opt by filing the prescribed intimation under the Himachal Pradesh GST Rules in the designated form selecting the appropriate supplier category and must furnish the specified statement of input tax credit reconciliation; new applicants may indicate the option at registration; the option applies to all places of business linked to the same Permanent Account Number and is effective from the start of the financial year or from the date of registration for new registrations.
Clarification in respect of transfer of input tax credit in case of death of sole proprietor.
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Transfer of input tax credit permitted on death of sole proprietor; transferee files ITC-02 and assumes related liabilities.
Unutilized input tax credit may be transferred when a sole proprietor dies and the business continues under a transferee/successor. The transferee must register with reason "death of the proprietor," the transferor may cancel registration linking the transferee's GSTIN, and FORM GST ITC-02 must be filed electronically by the transferee for the registration being cancelled prior to filing the cancellation; upon acceptance the credit is credited to the transferee's electronic credit ledger. Transferor and transferee are jointly and severally liable for tax, interest or penalty due from the transferor. Effective date: 28.03.2019.
Verification of applications for grant of new registration.
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Registration verification: fresh applications may be rejected if cancelled registrations remain unrevoked and disqualifying conditions persist.
Proper officers must scrutinise fresh registration applications against common-portal records for earlier or cancelled registrations on the same PAN, verify FORM GST REG-01 entries for concealed material information, and cross-check proprietor/partner/director details. If an earlier registration was cancelled for statutory non-compliance and the applicant has not sought revocation while disqualifying conditions persist, that omission constitutes a deficiency and may justify rejection of the new application where explanations are unsatisfactory.
Clarifications on refund related issues.
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Refund of accumulated input tax credit: file under "any other" and debit admissible amount via FORM GST DRC-03 before refund.
Where reversal of lapsed input tax credit (ITC) for the relevant period has been made, claimants should, as a one time measure, file the refund application in FORM GST RFD-01A under the category "any other" with required declarations; the proper officer will calculate the admissible refund per refund calculation rules, request the taxpayer to debit the admissible amount from the electronic credit ledger through FORM GST DRC-03, and upon receipt of proof, issue FORM GST RFD-06 and FORM GST RFD-05. Subsequent period claims must use the standard inverted-structure category.
Nature of Supply of Priority Sector Lending Certificates (PSLC).
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Inter-state supply determination: IGST applies to trading of PSLCs on the RBI e-Kuber portal, overriding prior CGST/SGST payments.
The supply of PSLCs between banks is treated as a supply of goods in the course of inter-State trade or commerce; accordingly IGST shall be payable on PSLC trades conducted on the RBI e-Kuber portal for both the earlier forward-charge period and the later reverse-charge period. Banks that have already paid CGST/SGST or CGST/UTGST for such supplies are not required to pay IGST for those payments.
Clarification on various doubts related to treatment of sales promotion schemes under GST.
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Tax treatment of sales promotion schemes clarifies supply characterization and Input Tax Credit consequences for promotional offers.
Free samples and gifts supplied without consideration are not treated as supply under GST except where Schedule I applies; Input Tax Credit is disallowed for inputs, input services and capital goods used for such distributions unless the activity qualifies as a supply. Buy one get one offers are treated as multiple goods supplied for a single price with tax determined by composite or mixed supply rules and ITC available to the supplier. Known discounts established at or before supply reduce taxable value if valuation conditions are met; secondary post supply discounts do not reduce taxable value under those conditions, though credit notes may be issued commercially.
Clarification regarding tax payment made for supply of warehoused goods while being deposited in a customs bonded warehouse for the period July, 2017 to March, 2018.
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Inter State supply treatment: suppliers deemed compliant if central and state tax paid equals integrated tax for warehoused goods.
Supply of goods deposited in customs bonded warehouses during July 2017-March 2018 was inter State in character; owing to portal limitations taxpayers reported and paid central tax and state tax instead of integrated tax. As a one time exception, suppliers who paid central and state tax for such supplies during that period are deemed to have complied with tax-payment requirements provided the combined central and state tax equals the integrated tax due.
Changes in Circulars issued earlier under the HPGST Act, 2017.
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Job work provisions clarified: principals must account, invoce and declare supplies when statutory time limits for return lapse.
Amendments align prior HPGST circulars with the GST Amendment Acts: principals may send inputs or capital goods to job workers without tax and must keep accounts; if goods are not returned or supplied within the time specified under section 143 the sending is deemed a supply by the principal on the date of initial dispatch, requiring issuance of an invoice and return declaration with interest payable; job workers must register when aggregate all India turnover exceeds the statutory threshold or when making inter State supplies subject to exemption; valuation of job work services follows section 15 and excludes principal provided goods only if their value is already included in the job worker's price; detention procedures now allow fourteen days for payment before confiscation action; registration suspension during cancellation proceedings relieves routine compliance while final return filing remains required.
Clarification on refund related issues.
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Electronic submission of refund claims: portal uploads replace physical filing and ARN marks the filing date for processing.
Mandates electronic filing of FORM GST RFD-01A with all supporting documents uploaded on the common portal, with ARN generation treated as the filing date under rule 90(2) and automatic electronic transfer of the claim to the jurisdictional proper officer for acknowledgement or deficiency processing; mis assigned claims must be reassigned electronically within three days. Clarifies that Net ITC for inverted duty refunds includes ITC on all inputs availed in the relevant period regardless of tax rate, that reversed ITC is not eligible for refund unless re availed and accounted for, and that ITC availed in the electronic credit ledger via FORM GSTR-3B for the relevant period must be included in refund calculations. Also addresses recomputation and eligibility rules for compensation cess refunds and excludes input services and capital goods from inverted duty ITC refunds.
Clarification on certain issues related to refund.
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Refund procedure: rectified GST refund applications accepted under original ARN; re-credit of ITC not required.
When a deficiency memo in FORM GST RFD-03 is issued, taxpayers must file the rectified refund application under the original ARN because the portal does not allow a fresh filing for the same period; re-credit of Input Tax Credit to the electronic credit ledger using FORM GST RFD-01B is not required at present and rectified applications under the earlier ARN will be accepted by jurisdictional authorities. Separately, exporters receiving capital goods under the EPCG Scheme are eligible to claim refund of IGST on exports despite restrictions applicable to certain importers under amended notifications; earlier circulars on these issues are superseded.
System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B.
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GST return reconciliation requires matching GSTR-1/2 with GSTR-3B and payment or adjustment of tax and ITC.
System-based reconciliation requires filing and correction of outward and inward statements so that FORM GSTR-2A auto-populates recipient data and the portal drafts FORM GSTR-3. The portal recalculates output tax and eligible ITC; where FORM GSTR-3 shows higher tax payable than paid in FORM GSTR-3B the taxpayer must pay the shortfall by debiting electronic cash or credit ledger with interest. If FORM GSTR-2 supports additional ITC, it is credited on submission of FORM GSTR-3 and may be used to meet increased tax liability. Unpaid GSTR-3B submissions remain subject to reconciliation and interest liabilities.
Clarifications of certain issues under GST.
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SEZ supply treated as inter-state; zero-rated status and refund only if supplies received for authorised SEZ operations.
Services of short term accommodation, conferencing, banqueting etc. to a SEZ developer or SEZ unit are treated as inter State supplies. Supplies to a SEZ developer or unit are zero rated and refund of unutilised input tax credit or integrated tax is available only if received for authorised operations with endorsement by the specified officer of the Zone. Fabric processors performing job work services are eligible for refund of unutilised input tax credit under the inverted duty structure since their output is a service.
Clarifications on exports related refund issues.
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Zero rated supplies: refunds of unutilized GST credit allowed with procedural condonation and specified documentation requirements.
Clarifies export-related refund eligibility and procedure under HPGST: drawback limited to basic customs duty does not bar refund of unutilized GST credit; delayed LUT filing may be condoned where exports are established; Table 9 amendments in GSTR-1 and GSTR-3B rectifications must be considered in refund processing; lower of GST invoice value and shipping bill value to be allowed for refund; only one deficiency memo per refund application with requirement to file a fresh application; transitional credits are excluded from 'Net ITC' for refund calculations; refunds under existing laws to follow prior-law procedures.
Due date for generation of FORM GSTR-2A and FORM GSTR-1A in accordance with the extension of due date for filing FORM GSTR-1 and GSTR-2 respectively.
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Generation of GSTR 2A and GSTR 1A extended to align availability with the revised GSTR 1 and GSTR 2 filing timelines.
The circular clarifies that, pursuant to the Act and Rules, details filed by suppliers in FORM GSTR-1 are to be made available to recipients in FORM GSTR-2A after the extended filing due date; recipients shall verify and amend those details and furnish FORM GSTR-2 by the extended deadline. For July 2017, FORM GSTR-2A details were available from 11 October 2017 and FORM GSTR-2 was to be furnished not later than 30 November 2017. FORM GSTR-1A reflecting recipient amendments will be available to suppliers from 1 December to 6 December 2017. The circular is effective from 6 November 2017.
Clarification on issues wherein the goods are moved within the State or from the State of registration to another State for supply on approval basis.
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Goods moved on approval basis may travel on delivery challan and attract integrated tax when supplied inter state.
Goods carried for approval may be transported within the State or to another State on a Delivery Challan, with an e way bill where applicable; the tax invoice may be issued upon delivery when the supply is accepted. Such movements resulting in supply in a different State are treated as inter state supplies and attract Integrated Tax. Suppliers may carry invoice books to issue invoices once supply is fructified. The clarification applies to similar goods and issues and is effective from the stated date.
Database for Distinctive Number (DN) of Shares - Action against non-compliant companies
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Distinctive Number reconciliation: freeze on promoters' and directors' securities until DN database compliance is achieved.
Depositories must, in response to issuer/RTA non compliance with the Distinctive Number reconciliation directive, freeze all securities held by promoters and directors at the beneficiary owner account level, prohibit transfers including sale and pledge, and freeze related corporate benefits until the company updates DN information and reconciles records; exchanges and depositories shall publish names of non compliant companies and coordinate implementation, and exchanges must ensure DN compliance and updated promoter/director identifiers before lifting trading suspensions.
Corrigendum to Circular No. 15/2019-GST (State).
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Uniformity in GST circular implementation required; state formations directed to adopt central corrigendum and follow clarifications.
State field formations are instructed to adopt and implement the clarification contained in the Corrigendum to Circular No. 97/16/2019-GST issued by the GST Policy Wing. A corrigendum to State Circular No. 15/2019-GST is issued to ensure uniform application of GST provisions across Tripura, under the administrative powers of the State GST law, and the central corrigendum is annexed for compliance by state tax officers.

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