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Circulars
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22/2019 - 02-05-2019 GST - States
GST exemption on the upfront amount payable in for long term lease of plots, under Notification 1136-F.T. [12/2017 – State Tax (R)] S. No. 41 dated 28.06.2017
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GST exemption on upfront lease amounts applies when the total consideration is predetermined, even if paid in instalments.
GST exemption covers upfront amounts for long-term leases of industrial or financial infrastructure plots provided by state-owned or majority government-owned entities where the total upfront amount is determined at the outset; the exemption remains admissible even if that determined amount is paid in one or more instalments.
21/2019 - 02-05-2019 GST - States
GST on Seed Certification Tags
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GST on composite supply of seed testing and certification: tags supplied by agencies treated as exempt, procured tags treated as taxable goods.
Supply of certification tags by State Seed Certification Agencies to seed producers forms part of the integrated, multi stage composite supply of seed testing and certification and is exempt where the certification service is exempt; procurement of tags from external departments or manufacturers constitutes a taxable supply of goods, classified according to the tags' predominant material.
List of circulars issued by the GST Policy Wing during 2017 & 2018.
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GST circulars on Bonds/LUT, GSTR reconciliation, refunds, job work, e way bills and transitional credit procedures.
Tripura's Chief Commissioner instructs all state tax officers to follow GST Policy Wing circulars of 2017-2018 annexed to Circular No. 20/2019 GST (State) under section 168 of the Tripura SGST Act to ensure uniform implementation. The annexed central circulars provide operative clarifications on Bonds/LUT for exports (running bonds, bank guarantee limits, LUT eligibility and acceptance), GSTR reconciliation procedures (GSTR 1/2/3B and auto drafts), movement and invoicing on approval basis, job work and additional place of business rules (challans, ITC, FORM ITC 04), manual refund and Advance Ruling filing procedures, transitional CENVAT credit non utilization and recovery, e way bill applicability, and sector specific refunds and processes (EOU procurement, fabric exporters, CSD).
20/2018 - 02-05-2019 GST - States
Clarification on various doubts related to treatment of sales promotion schemes under GST
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Input Tax Credit treatment for free samples, BOGO offers and discounts clarified for GST valuation and credit rules.
Clarification holds that free samples and gifts supplied without consideration are not supply except as covered by Schedule I and generally attract no Input Tax Credit for the supplier; 'buy one get one free' offers are treated as multiple supplies priced together with ITC allowable for inputs used; invoice-disclosed or pre-agreed discounts may be excluded from value if statutory conditions are met with corresponding ITC adjustments, whereas secondary post-supply discounts via credit notes remain part of value unless statutory criteria are satisfied.
GST exemption on the upfront amount payable in for long term lease of plots, under Notification 12/2017 - Central Tax (R) S. No.41 dated 28.06.2017.
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GST exemption on upfront lease payments clarified; authorities instructed to apply the notification's guidance uniformly.
GST exemption for upfront amounts payable for long term leases of plots is clarified by the Department of Revenue's Circular of 30 April 2019, which explains that such upfront consideration may fall within the exemption under the 2017 rate notification. The Chief Commissioner directs state tax field formations to follow that Circular to ensure uniform application of the exemption when assessing the taxable character of upfront lease payments under the rate notification regime.
GST on Seed Certification Tags.
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GST on Seed Certification Tags: uniform implementation required following Tax Research Unit clarification on applicable levy and compliance.
The State circular adopts the Department of Revenue, Tax Research Unit clarification on GST on seed certification tags and, exercising powers under the Tripura State Goods and Services Tax Act, instructs State tax officers to follow that clarification to ensure uniform implementation and consistent compliance across field formations.
GST exemption on the upfront amount payable in for long term lease of plots, under Notification (12/2017) No. FD 48 CSL 2017, dated 29.06.2017
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GST exemption on upfront amount confirmed for long term leases where premium is determined upfront, payable in instalments.
The notification grants GST exemption on the upfront amount (premium, salami, cost, price, development charges or by any other name) for long term leases of thirty years or more of industrial plots or plots for development of infrastructure for financial business by government owned entities; the exemption applies where the upfront amount is determined at grant, regardless of whether it is paid in one lump sum or by instalments.
GST on Seed Certification Tags
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Exempt composite supply of seed testing and certification clarified; tags supplied externally to agencies treated as taxable goods.
Supply of certification tags by Seed Certification Agencies to seed producers is an element of the integrated supply of seed testing and certification and is exempt under Notification (12/2017) Sl. No. 47. Tags procured by the Agencies from external departments or manufacturers are treated as a taxable supply of goods, with classification determined by the tags' predominant material.
Clarification in respect of utilization of input tax credit under GST
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Input tax credit utilization: Integrated credit must be exhausted before using Central or State credits; portal process remains temporarily unchanged
Input tax credit on account of Integrated tax must be completely exhausted before any credit of Central tax or State/Union Territory tax can be utilised; the new rule allows Integrated tax credit to be applied toward Central and State liabilities in any order and proportion only after Integrated credit is fully depleted. The circular explains the resulting order of utilisation, provides illustrative allocations, and advises that pending updates to the common portal taxpayers may continue to use current portal functionality.
Export General Manifest to be submitted on ICEGATE without hard copy to Customs
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Export General Manifest filing: electronic submission on ICEGATE required before vessel departure; hard-copy submissions discontinued.
Shipping lines and shipping agents must file the Export General Manifest electronically on ICEGATE under Section 41 before vessel departure; hard copies already filed electronically are no longer required, and shipping lines/agents bear responsibility for correct, error-free submission and must report implementation difficulties to the Commissioner of Customs (Port).
Issue relates to carriage of coastal cargo from one Indian Port to another Port in Foreign going vessels/Coastal vessels through Foreign territory
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Coastal carriage through foreign territory: harmonised procedures require marking, sealing, manifesting and Customs verification for transit.
Movement of coastal cargo transiting through Sri Lanka or Bangladesh must follow the Transportation of Goods (Through Foreign Territory) Regulations, 1965 with added documentary requirements including GSTIN or alternative tax identifiers and invoice references; consignments must be marked "For Coastal Carriage through Foreign Territory" and containers sealed with tamper proof seals. The Superintendent may pass the prescribed Bill and order examinations; the Master must carry the passed Bill and prepare triplicate manifests with container and seal details; Customs will inspect at origin and destination, verify discharge and seals, and report tampering for further action, while prohibited exports remain ineligible.
Rectification of Invoice Mis-match (SB005), GSTN Number Mis- match (SB003), EGM/Stuffing errors (SB002), Mis-match in Shipping Bill details (SB001) and filing of claim for IGST Refund
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IGST refund processing for exports depends on correcting EGM, invoice and GSTIN mismatches to enable final scroll migration.
IGST refund on exports under Rule 96 of the CGST Rules, 2017 requires Shipping Bills to migrate from the IGST Temporary Scroll to the final Scroll; EGM/Stuffing errors (SB002), invalid invoice numbers (SB005), GSTIN mismatches (SB003) and Shipping Bill detail mismatches (SB001) block refund processing. Exporters must correct EGMs before vessel departure, rectify GSTR-1/GSTR-3B entries, submit reconciliatory documents and, where applicable, a Revised Refund Request. Manual officer-interface processing for SB003/SB005/supplementary refunds applies only to Shipping Bills filed up to 15.11.2018.
Routing of self-sealed export containers through CFSs under the jurisdiction of JNCH
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Routing of self-sealed export containers through CFSs permitted subject to equipment, storage, charge transparency and reporting requirements.
Permission to route DPE self-sealed export containers through CFSs is subject to CFSs procuring handheld RFID readers from approved vendors, maintaining a separate covered storage area with CCTV and internet, applying only to containers offloaded from trailers, displaying transparent charges limited to specified services, deploying additional staff as necessary, and submitting daily and monthly reports in prescribed formats; non-compliance may result in disallowance from handling DPE cargo.
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 EDI-registered exports enable electronic transmission and ICES-based debiting, restricting use at non-EDI ports.
MEIS/SEIS scrips for ports with EDI registration will be issued and transmitted electronically; owners must present scrip identifiers to Customs who will verify ownership from the DGFT website and effect all debits in ICES. Electronically issued scrips will not receive TRA and cannot be used at non-EDI ports, while physical scrips will continue for non-EDI ports and follow existing TRA and excise endorsement procedures.
Transport of containers by Rail from Kolkata/ Haldia Docks to Bathnaha and onwards to Biratnagar, Nepal under Electronic Cargo Tracking System (ECTS) in terms of Public Notice No. 08/2019 dated 25/01/2019
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Electronic Cargo Tracking System: Nepal-bound transit containers move by rail to Bathnaha then by road for seal unlocking.
Containers under the Electronic Cargo Tracking System (ECTS) may move by rail from Kolkata/Haldia to Bathnaha and then by road to ICP Jogbani for ECTS seal unlocking and trip report generation, after which they enter Nepal via ICP Biratnagar; CONCOR may perform road movement via LCS Jogbani as an alternative.
24 X 7 customs Clearance Operations of Nepal and Bhutan transit cargo from N.S. Docks Kolkata & Haldia Docks
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Round-the-clock customs clearance for Nepal and Bhutan transit cargo extended, enabling continuous port operations under transit treaties.
Extension of Round-the-Clock Customs Clearance for Nepal and Bhutan transit cargo removed from N.S. Docks, Kolkata and Haldia Docks is authorised for onward transit under the Treaty of Transit with Nepal, the Agreement on Trade, Commerce and Transit with Bhutan, and the ECTS procedure for Nepal transit; the facility also covers Nepal and Bhutan transit exports through the named docks, with operational queries directed to the Nepal/Bhutan Unit at Custom House, Kolkata.
Clarification regarding filing of application for revocation of cancellation of registration in terms of Removal of Difficulty Order (ROD) number 05/2019 Central Tax dated 23.04.2019
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Revocation of cancellation of registration - one time application allowed, subject to furnishing outstanding returns and post revocation filings.
A Removal of Difficulty Order grants a one time opportunity to apply for revocation of cancellation of registration for affected persons, subject to furnishing all outstanding returns and payment before filing the application; additionally, returns for the period from cancellation to revocation must be filed within thirty days of the revocation order. Where cancellation is retrospective and portal filing is blocked, a proviso permits filing the revocation application provided post revocation returns for the retrospective period are furnished within thirty days.
Clarification in respect of utilization of input tax credit under GST
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Input tax credit prioritisation requires integrated tax credit be exhausted before using central or state credits under rule 88A.
Clarification explains that Section 49A mandates exhaustion of input tax credit attributable to integrated tax before using central or state/union territory tax credits, and that rule 88A allows integrated-tax credit to be applied towards central and state/union territory liabilities in any order or proportion provided the integrated-tax credit is completely exhausted first; taxpayers may continue to follow current common portal functionality until the portal implements the new utilisation order.
Order Under Section 138(1)(a) of the Income Tax Act, 1961
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Information sharing obligations designate income-tax systems authority to furnish ITR data to GSTN under statutory provision.
The CBDT designates the Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems) as the specified income-tax authority to furnish assessee information to the GSTN, subject to an opinion that such sharing is necessary. Data exchange may occur by request-based, spontaneous, or automatic modes, with request-based exchanges to include key ITR fields such as filing status, turnover, gross total income, turnover ratio and ranges. A Memorandum Of Understanding between the income-tax systems authority and the GSTN nodal officer must set modalities, confidentiality, data preservation, weeding procedures and timelines, and a copy of the MoU is to be forwarded for record.
Instruction regarding dealer monitoring system and action against non-filler dealer
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Dealer monitoring system changes streamline non-filer status updates, notice generation, and return-related reporting controls.
Dealer Monitoring System and VAT MIS functionality were revised to streamline monitoring of return non-filers and the related notice process. Under the GSTIN Return tab, the non-filer list is populated in the notice generation option, and a new Select Action tab allows the officer first to update return-filing status where a dealer has already filed the return, and thereafter to generate notice for the remaining non-filers. Additional options were introduced to update office or cancelled status for non-filers, including correction of registration or office status where the office details shown in the GSTN portal differ from the display in the system.

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