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Extension of validity of Pre-shipment Inspection Agencies (PSIAs)
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Extension of Pre-shipment Inspection Agency recognition: validity extended to 30 September for listed agencies in Appendix.
Recognition validity of Pre-shipment Inspection Agencies (PSIAs) listed in Appendix 2G of the Appendices and Aayat Niryat Forms is further extended: agencies whose three year tenure had expired and whose validity was extended to 30.6.2019 are granted continued recognition up to 30.09.2019 under powers exercisable in paragraph 2.04 of the Foreign Trade Policy and by relaxation of the Handbook of Procedure provision.
Clarification on various doubts related to treatment of secondary or post-sales discounts under GST.
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Post-sales discounts: supplier payments can either reduce original supply value or be consideration for dealer services, affecting GST and ITC.
Clarification explains that post sales discounts without dealer obligations relate to the original supply and may be excluded from the supplier's value of supply under sub section (3) of section 15; discounts that are consideration for dealer promotional activities constitute separate supplies of services subject to GST and ITC; discounts paid to enable reduced customer prices are consideration added to the dealer's value of supply under section 15, with customer ITC claim limited to tax actually paid; where exclusion is impermissible the supplier may issue financial/commercial credit notes but cannot reduce original tax liability, and dealers need not reverse ITC if they pay the reduced value plus original tax.
Clarification on various doubts related to treatment of secondary or post-sales discounts under GST.
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Post-sales discounts under GST: conditional incentives treated as payment for dealer services, unconditional discounts adjust supply value.
Post-sales discounts are governed by the valuation provisions and may be excluded from the supplier's value of supply only if granted without further obligation by the dealer and the conditions for adjustment are met. If the discount requires the dealer to undertake promotional activities, it is consideration for a separate supply of services by the dealer, on which the dealer must charge GST and the supplier can claim input tax credit. Payments by a supplier to enable a dealer to offer reduced customer prices form part of the dealer's value of supply. Where a supplier issues financial/commercial credit notes because exclusion is not permitted, the supplier cannot reduce original tax liability; the dealer need not reverse ITC provided the dealer pays the reduced value after adjusting credit notes and the 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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Refund application processing when portal mapping is incorrect: process with receiving tax authority and request portal mapping correction.
Where a refund application in FORM GST RFD-01A has been electronically transferred by the common portal to a tax authority other than the taxpayer's administrative assignee and portal reassignment is unavailable, the tax authority that received the application may process the refund claim without delay. After processing, that authority should notify the common portal of the incorrect administrative mapping and request an update so subsequent applications route to the correct jurisdictional tax authority.
Processing of refund applications in FORM GST RFD-01 submitted by taxpayers wrongly mapped on the common portal.
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Refund jurisdiction: wrongly mapped GST refund applications may be processed by the authority that receives them on the portal.
Where a refund application in FORM GST RFD-01 is electronically transferred by the common portal to a tax authority that is not the taxpayer's administratively assigned jurisdiction, the receiving authority should process the refund without waiting for portal re-assignment. After completing processing, the authority should inform the common portal of the incorrect mapping 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 follows contract-based provisions; processing of temporary imports follows export exception.
Clarification: cargo-handling services by ports are ancillary, not immovable-property related, so their place of supply is determined under sub-section (2) of Section 12 or sub-section (2) of Section 13 of the IGST Act depending on contractual terms. Services on goods temporarily imported for processing and exported without being put to other use (e.g., cutting and polishing of unpolished diamonds) fall under the temporary import/export exception and their place of supply is determined under sub-section (2) of Section 13 rather than the general performance-location rule.
Clarification regarding determination of place of supply in certain cases
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Place of supply rules: ancillary port cargo handling services determined by contract; temporary imports for processing follow export-location rule.
Services connected to cargo handling at ports are ancillary and their place of supply is determined under Section 12(2) or Section 13(2) of the IGST Act according to contractual terms, not under the immovable property rule in Section 12(3). Services on goods temporarily imported for processing and exported without being put to use, such as cutting and polishing of unpolished diamonds, are subject to the temporary-import exception and their place of supply is determined under Section 13(2) of the IGST Act.
Clarification regarding applicability of GST on additional / penal interest.
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Interest exemption under GST: penal interest by lenders can be exempt, but penal interest included in sale consideration is taxable.
Clarifies that penal interest included in the consideration for a taxable supply of goods must be included in the value of supply under section 15 and is taxable, whereas penal interest charged by an independent lender qualifies as interest under notification No. 12/2017 and is exempt under Sl. No. 27; fees or charges not meeting the definition of interest remain taxable.
Clarification regarding applicability of GST on additional / penal interest
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GST on penal interest: seller charged penal interest is includible in supply value, lender interest may be exempt.
Additional or penal interest on delayed EMI payments is taxable when charged by the seller because it must be included in the value of the supply of goods; penal interest charged by a separate lender on a loan qualifies as exempt interest under the exemption for extending loans or advances, provided it meets the statutory definition of "interest". Penal interest meeting that definition is not a separate taxable service under the provision covering tolerance or abstention, while service fees or other non interest charges by a financier are taxable.
Clarification on various doubts related to treatment of secondary or post-sales discounts under GST.
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Post sale discounts: conditional incentives are taxable supplies of services, while unconditional discounts adjust original supply value.
Post sale discounts without dealer obligations relate to the original supply and may be excluded from the supplier's value under section 15(3); discounts conditional on dealer promotional activity are a separate supply of services by the dealer and attract GST with corresponding ITC to the supplier. Discounts paid to enable dealer price reductions are consideration for the dealer's supply and must be added to the dealer's value under section 15; customers may claim ITC only to the extent of tax paid. Where discounts cannot be excluded and commercial credit notes are issued, the supplier cannot reduce original tax liability, yet the dealer need not reverse ITC if he pays the reduced value after adjusting credit notes and the 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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Jurisdictional assignment of GST refund applications: process refunds received via incorrect portal mapping to avoid delays and notify portal.
Where the common portal has electronically transferred a GST refund application to a tax authority that is not the taxpayer's administratively assigned jurisdiction and reassignment on the portal is not possible, the authority which received the application should proceed with verification and processing to avoid delay. After processing, that authority must inform the common portal of the incorrect mapping and request an update so 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: port cargo handling follows contract-based determination; temporary-import treatment services follow export-treatment status.
Services by port authorities that are ancillary to cargo handling are not services related to immovable property; their place of supply is determined by the general service place-of-supply provisions based on contract between supplier and recipient. Services performed on goods temporarily imported for treatment or processing and exported without being put to use in India (e.g., cutting and polishing of unpolished diamonds) fall under the exception for temporarily imported goods, and their place of supply is determined accordingly.
Clarification regarding applicability of GST on additional/penal interest.
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GST on penal interest: taxable when part of a goods supply, exempt if genuine loan interest charged by lender.
Penal interest on delayed EMI payments is taxable when charged by the seller as part of the goods transaction and must be included in the value of supply; penal interest charged by a third party lender as interest on a loan falls under the notified exemption for loan interest and is not subject to GST. Charges that do not qualify as "interest" (service fees or other lender charges) are not exempt. Penal interest is not treated as a Schedule II liquidated damages service where it meets the notification's definition of interest.
Assignment of Functions under Section 70 of the Delhi Goods and Services Tax Act, 2017 to Proper Officers
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Proper officer functions under GST are assigned to designated senior and field officer ranks for statutory administration.
Functions under Section 70 of the Delhi Goods and Services Tax Act, 2017 are assigned, under the Commissioner's statutory power to allocate functions, to proper officers of the Department of Trade and Taxes. The assignment covers Special Commissioners, Additional Commissioners, Joint Commissioners, Assistant Commissioners and Goods and Services Tax Officers for performance of those functions.
07/2019 - 27-06-2019 Companies Law
Filing DIR-3 KYC under the Companies Act, 2013
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Director KYC verification introduced via web-based prefilled service; updating contact details requires filing the KYC form.
Persons who have filed director KYC may complete KYC via a web-based verification service using pre-filled registry data; updates to mobile number or e-mail must be made by filing e-form DIR-3 KYC, while other personal-detail updates should be filed by e-form DIR-6 before completing KYC. Amendments to rules and an extension of time to permit completion by either route will be notified.
Issuance of Multiple Deficiency Letters and in Piecemeal manner during redemption of AA/EPCG
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Consolidated deficiency communication required; follow up letters only with head approval to ensure time bound redemption processing.
Regional Authorities must issue a single, consolidated deficiency communication for each redemption request for Advance Authorisation/EPCG in a time bound manner; a second deficiency letter may be issued only in unavoidable circumstances and only after approval of the head of the Regional Authority.
Advisory for Bill of Supply issued by composition taxable person
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Composition taxable person labelling requirement: mandatory invoice and signboard declarations, non-compliance may attract GST enforcement.
Composition taxable persons must print "COMPOSITION TAXABLE PERSON, NOT ELIGIBLE TO COLLECT TAX ON SUPPLIES" on every bill of supply and display "COMPOSITION TAXABLE PERSON" in bold capital letters on prominent notices or signboards at the principal and all additional places of business, under Rule 5 governing the composition levy. Non-compliance may result in action under GST law, including penalty, fine or prosecution, and departmental officers and trade associations are directed to circulate this advisory to relevant taxpayers and staff.
Provision of “View All-India Records” role on GSTN portal for departmental officers.
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View All-India Records role expands GSTN access for enforcement officers in investigation and preliminary enquiry cases.
GSTN has introduced a separate "View All-India Records" role on the departmental portal to widen access to registration, return and payment records of registered taxpayers across India. The role expands the existing record search functionality, which earlier allowed officers to view only State-specific records, and is intended for bona fide use in investigation, verification, checks and preliminary enquiries concerning tax evasion or before registering new cases. The role is to be assigned through Sub State Admin only to specified enforcement officers, and the system maintains logs of searches and records viewed.
Phasing out of physical copies of Merchandise Exports from India Scheme (MEIS)/Services Exports from India Scheme (SEIS) Duty Credit Scrips issued with EDI port as Port of registration
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Paperless duty credit scrips for export incentives now transmitted electronically; ownership and debiting verified via exporter records and customs system.
Paperless MEIS/SEIS duty credit scrips issued for EDI registered exports will be electronically transmitted to the customs system; ownership will be verified via the DGFT portal and all debits will be made and verified in ICES by the proper officer, with existing registration and assessment procedures continuing except for the need to present physical security paper scrips.
Implementation of PGA eSANCHIT - Paperless processing under SWIFT Uploading of Licence/Permits/Certificates/Other Authorisations (LPCOs) by PGAs
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eSANCHIT: PGAs must upload LPCOs; beneficiaries barred from uploading after 01.07.2019; IRNs sent via ICEGATE emails.
PGAs must upload digitally signed licences, permits, certificates and other authorisations (LPCOs) to eSANCHIT; IRNs for such LPCOs will be sent only to ICEGATE-registered beneficiary email addresses. From 01.07.2019 beneficiaries may no longer upload previously issued LPCOs; PGAs must upload LPCOs issued during the 15 days before the cut-off and may upload earlier LPCOs to enable beneficiary use.

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