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Circulars
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Clarification on various issue pertaining to GST
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E invoicing exemption applies to the entire entity, so exempted businesses need not e invoice any supplies.
The Circular clarifies that No Claim Bonus reductions are not consideration from the insured to the insurer and, when pre disclosed in the policy and specifically recorded on the invoice, qualify as a deductible discount for determination of the taxable value of insurance services under section 15(3)(a) of the UPGST Act; GST is payable on the premium after deduction of the No Claim Bonus shown on the invoice. It also clarifies that the e invoicing exemption in the relevant notification applies to the entity as a whole and not merely to particular supplies.
Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for FY 2017-18 and 2018-19
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Input Tax Credit reconciliation: procedures to verify and substantiate GSTR 3B vs GSTR 2A discrepancies and admit valid ITC claims.
The proper officer shall obtain invoice details for ITC claimed in FORM GSTR-3B but not appearing in FORM GSTR-2A and verify Section 16 eligibility: possession of tax invoice/debit note, receipt of goods or services, and payment including tax; and assess reversals under Sections 17 or 18 and time limit under Section 16(4). To verify supplier payment of tax, where the supplier wise difference for the year exceeds a monetary threshold, a CA/CMA certificate with UDIN is required; for differences up to the threshold, a supplier's certificate is acceptable.
Clarification regarding the treatment of statutory dues under GST law in respect of the taxpayers for whom the proceedings have been finalised under Insolvency and Bankruptcy Code, 2016
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Treatment of statutory dues under insolvency clarified: reductions must be intimated and recovery adjusted under GST procedures.
Where insolvency proceedings finalise and reduce statutory dues under UPGST Act, such proceedings qualify as "other proceedings" under Section 84, requiring the Commissioner to intimate reduction to the taxable person and the recovery authority, and recovery may continue only for the reduced amount. Where confirmed demands and summaries exist (FORM GST DRC-07/DRC-07A), the jurisdictional Commissioner shall issue intimation of reduction in FORM GST DRC-25 to the taxable person and appropriate recovery authority to implement the reduced demand uniformly.
Clarification regarding the treatment of statutory dues under GST law in respect of the taxpayers for whom the proceedings have been finalised under Insolvency and Bankruptcy Code, 2016
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Operational debt under GST: reduction by insolvency adjudication requires intimation and adjustment of recovery proceedings.
Where insolvency proceedings finalised under the Insolvency and Bankruptcy Code reduce statutory dues payable under the HGST Act or existing laws, the jurisdictional proper officer shall issue the prescribed intimation of demand reduction to the taxable person and to the authority with whom recovery proceedings are pending, and recovery may continue only in relation to the reduced amount; insolvency adjudications are treated as 'other proceedings' for this purpose and the prescribed Rule 161 procedure must be followed.
Clarification on various issue pertaining to GST
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No Claim Bonus treated as allowable discount, reducing taxable insurance premium; entity-level e invoicing exemption affirmed.
No Claim Bonus (NCB) is not consideration from the insured and, if pre-disclosed in policy documents and stated on the invoice, qualifies as an allowable discount under section 15(3)(a) of the HGST Act; GST is leviable on premium after deducting NCB. The e-invoicing exemption under Notification No. 17/GST-2 applies to the entity as a whole and not only to particular supplies made by that entity.
Clarification with regard to applicability of provisions of section 75(2) of the Haryana Goods and Services Tax Act, 2017 and its effect on limitation
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Deeming of notice under section 73 restricts redetermination to timely issued show cause notices and a two year compliance window.
If an appellate authority finds a fraud based show cause notice unsustainable and directs re determination, the proper officer must treat the notice as issued under the non fraud provision and issue the redetermination order within two years of communication of the appellate direction; the redetermination is limited to amounts for which the original show cause was issued within the non fraud limitation period, and amounts beyond that limitation are time barred and must be dropped.
Clarification on the entitlement of input tax credit where the place of supply is determined in terms of the proviso to sub-section (8) of section 12 of the Integrated Goods and Services Tax Act, 2017
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Place of supply for export transportation is destination abroad; IGST applies and recipient may claim input tax credit.
Where goods are transported from India to a foreign destination and both supplier and recipient are in India, the place of supply is the foreign destination, the supply is an inter State supply attractable to IGST, the Indian recipient may claim input tax credit of the IGST subject to statutory input credit and apportionment conditions, and the supplier must report the place of supply in GSTR 1 using state code '96 Foreign Country'.
Clarification to deal with difference in Input Tax Credit (ITC) availed in Form GSTR-3B as compared to that detailed in Form GSTR-2A for FY 2017-18 and 2018-19
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Input tax credit discrepancies require document verification and certification to confirm supplies and supplier tax payment before acceptance.
Where ITC claimed in Form GSTR 3B does not appear in Form GSTR 2A, the proper officer shall obtain invoice details, verify possession of tax invoices, receipt of goods or services, payment of the supply including tax, compliance with time limits and reversal requirements, and-depending on materiality-require CA/CMA certification with UDIN or supplier declaration to confirm that supplies were made and tax paid by the supplier.

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Acts Income Tax