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Circulars
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Clarification regarding filing of application for revocation of cancellation of registration in terms of Removal of Difficulty Order (RoD)) issued vide Notification no. 59/GST-2. dated the 26th April, 2019
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Revocation of GST registration: application allowed only after furnishing outstanding returns and filing interim returns within thirty days.
Persons whose registrations were cancelled for failure to furnish returns are given a one time opportunity to apply for revocation subject to furnishing all returns due up to the date of cancellation and paying amounts shown; returns for the period from the effective date of cancellation to the date of revocation must be filed within thirty days of the revocation order, and where the portal blocks post cancellation filings an application may still be submitted provided those interim returns are completed within thirty days of revocation.
Clarification in respect of utilization of input tax credit under GST.
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Utilization of IGST credit: Integrated GST must be exhausted first before using Central or State tax credits, with temporary portal guidance.
Integrated GST credit must be fully exhausted before any Central or State tax credit can be used; newly issued rules permit Integrated GST credit to be applied towards Central and State liabilities in any order or proportion so long as the entire Integrated balance is first consumed. The circular sets out the resulting order of utilization among Integrated, Central and State liabilities, illustrates compliant allocation scenarios, and directs taxpayers to continue using existing portal functionality until the portal is updated while inviting reports of implementation difficulties.
Order for delegation of powers for provisional attachment of property as per provisions of section 83 of HGST Act, 2017.
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Provisional attachment powers delegated to senior tax officers to enable protection of revenue within officers' territorial jurisdiction.
The Excise and Taxation Commissioner-cum-Commissioner of State Tax delegates the power of provisional attachment of property to Additional Commissioners, Joint Commissioners and Deputy Commissioners of State Tax to protect revenue, subject to the exercise of those powers only within the territorial jurisdiction of the delegated officers unless otherwise specified.
GST exemption on the upfront amount payable in installments for long term lease of plots, under Notification No. 12/2017 – State Tax (Rate) S. No. 41 dated 28.06.2017
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Upfront amount exemption for long term lease applies even when payment is in installments if amount is determined upfront.
GST exemption applies to the upfront amount for grant of long term lease of industrial or financial infrastructure plots by specified public entities where the total amount is determined upfront; the exemption remains admissible even if that upfront amount is paid or payable in multiple instalments.
GST applicability on Seed Certification Tags
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Composite supply exemption for seed testing and certification covers supply of certification tags as part of integrated services.
Supply of seed certification tags by Seed Certification Agencies to seed producers forms part of the integrated multi stage service of seed testing and certification and is treated as a composite supply exempt under the State Tax notification for testing/certification services by governments. Conversely, tags supplied by other departments or external manufacturers to the State Government/Agencies are taxable supplies of goods, classified by the tags' predominant material.
GST exemption on upfront amount payable under Notification 12/2017 ST Dated 30.6.2017.
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GST exemption on upfront lease premium remains available even when payable in instalments if determined upfront.
GST exemption under Notification 12/2017-State Tax (Rate), Entry No.41, for upfront amounts (premium, salami, cost, price, development charges or other name) payable for granting long-term leases of industrial plots or plots for development of infrastructure for financial business by State Government entities or entities with majority government ownership is admissible provided the amount is determined upfront; this exemption applies irrespective of whether the determined upfront amount is paid in one lump sum or in multiple instalments.
GST exemption on the upfront amount payable in installments for long term lease of plots, under Notification No. 12/2017 – Central Tax (R) S. No.41 dated 28.06.2017
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GST exemption on upfront amount for long term lease applies even when paid in instalments, if determined upfront.
The GST exemption under Entry No.41 of Notification No.12/2017 applies to upfront amounts (premium, salami, cost, price, development charges or by any other name) for long term leases of industrial or financial infrastructure plots provided by government or majority government-owned entities; the exemption is admissible provided the amount is determined upfront, irrespective of whether it is paid in one or more instalments.
GST on Seed Certification Tags.
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GST exemption on seed testing and certification: tags supplied by state agencies treated as part of exempt composite service.
Supply of seed certification tags by State Seed Certification Agencies, as an element of the multi-stage seed testing and certification process, constitutes a composite supply of seed testing and certification and is exempt under Notification No. 12/2017-State Tax (Rate) Sl. No. 47. Conversely, when tags are supplied to the agencies by other departments or manufacturers, that transaction is a taxable supply of goods, and classification depends on the tags' predominant material.
GST applicability on Seed Certification Tags
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GST exemption for seed testing and certification - tags supplied by agencies are exempt; tags from external suppliers are taxable.
Supply of seed certification tags forms part of the integrated composite supply of seed testing and certification provided by State seed certification agencies and is exempt from GST under the entry for testing/certification services required by law. If tags are procured from external departments or manufacturers, those transactions are supplies of goods subject to GST, and classification (paper or textile chapters) depends on the tags' predominant material.
Shipping Bill (Electronic Integrated Declaration and Paperless Processing) Regulations, 2019
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Shipping bill deemed filed on electronic declaration completion; electronic clearance and five year document retention required, breaches penalised.
A shipping bill is deemed filed and self-assessment completed when a shipping bill number is generated on ICEGATE after entry of the electronic integrated declaration; post-assessment, payment and any required examination, an electronic clearance order may be recorded on ICEGATE and conveyed to the authorised person and others. The authorised person must retain the assessed shipping bill and original supporting documents for five years and may obtain an authenticated copy for compliance; breaches of the Regulations attract a monetary penalty as specified.
Clarification in respect of utilization of input tax credit under GST.
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Input tax credit: integrated credit must be exhausted first; thereafter central or state credits may be used in any order.
The circular clarifies that integrated tax credit must be completely exhausted before central or state/union territory tax credits can be utilised; a new rule permits integrated tax credit to be applied towards central and state liabilities in any order or proportion so long as the entire integrated credit is first exhausted. Illustrations demonstrate permissible allocations. Taxpayers should continue to follow current common portal functionality until the portal is updated, and implementation difficulties may be reported to the Commissioner.
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 23.04.2019
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Revocation of cancelled GST registration allowed after outstanding returns filed and intervening returns submitted within thirty days.
Where registration is cancelled from the date of the cancellation order, all returns due up to that cancellation date must be filed before seeking revocation, and returns for the period from cancellation to revocation must be filed within thirty days of the revocation order. For retrospective cancellations where the portal blocks return filing, a proviso allows filing of a revocation application provided all returns for the period from the effective cancellation date to the revocation date are furnished within thirty days of the revocation order.
Clarification in respect of utilization of input tax credit under GST
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Input tax credit utilization: Integrated tax credit must be exhausted first before using central or state tax credit.
Clarifies that ITC on account of Integrated Tax must be completely exhausted before ITC of Central Tax or State/Union Territory Tax can be utilized, while allowing Integrated Tax credit to be applied towards Central and State/Union Territory liabilities in any order and proportion provided the entire Integrated Tax credit is first exhausted.
Clarification in respect of utilization of input tax credit under GST
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Input tax credit priority: integrated tax must be exhausted before central or state credits; new rule permits flexible allocation.
The amendment requires integrated tax input credit to be fully exhausted before central or state/union territory tax credits are used, while the implementing rule allows the integrated tax credit to be apportioned towards central and state/union territory liabilities in any order and proportion, provided the integrated tax credit is completely utilized first; taxpayers may continue to use existing GST portal functionality until it is updated.
Clarification regarding filing of application for revocation of cancellation of registration in terms of Removal of Difficulty Order (RoD) issued by Government of Odisha vide Finance Department Notification number 16532-FIN-CT1-TAX-0043-2017 dated the 24th April, 2019
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Revocation of cancellation of registration: one-time opportunity to apply subject to filing outstanding returns within specified timelines.
Clarification explains that where registration was cancelled for failure to furnish returns, an application for revocation of cancellation requires prior filing of all returns due up to the cancellation date; if revocation is ordered, returns for the period from cancellation to revocation must be filed within thirty days. For retrospective cancellations, a proviso permits filing for revocation provided all returns from the effective date of cancellation until revocation are submitted within thirty days of the revocation order, pursuant to a Removal of Difficulty Order and amendments to Rule 23(1).
Upgraded Module for Online Filing & Tracking Quality Complaints/Trade Disputes relating to International Trade — both for Indian and foreign entities.
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Online complaint filing for international trade enables Indian entities to lodge and track quality disputes through a centralised module.
The upgraded online module permits Indian entities to file and track quality complaints and trade disputes against foreign entities via the DGFT portal, requiring upload of specified documents, selection of the jurisdictional Regional Authority/SEZ and Indian Mission, and issuance of a Unique Reference Number for all future correspondence; a public status link and an 'Update Status' feature enable complainant and agency tracking, while Regional Authorities/SEZs and Missions must log in to manage, update, and reassign cases to the correct jurisdiction as needed.
Net worth Requirements for Clearing Corporations in International Financial Services Centre (IFSC)
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Net worth requirements: IFSC clearing corporations must meet staged liquid-asset thresholds and report quarterly compliance to regulator.
Applicants for recognition as IFSC clearing corporations must maintain a minimum net worth in liquid assets at the initial threshold; recognized clearing corporations must at commencement maintain that threshold or the capital determined under SEBI's risk-based capital methodology and must increase liquid-asset net worth to a higher threshold within three years. Clearing corporations must submit a quarterly certificate signed by the managing director within fifteen days of quarter-end and immediately inform SEBI if net worth falls below the prescribed level with reasons and remedial measures.
Clarification regarding filing of application for revocation of cancellation of registration in terms of Tamil Nadu Goods and Services Tax (Fifth Removal of Difficulty Order 2019.
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Revocation of cancellation of registration permitted subject to furnishing outstanding returns and payment, with post-revocation filing window.
Clarification requires that applicants for revocation of cancellation of GST registration caused by non-furnishing of returns must first furnish all outstanding returns and pay amounts due; where cancellation was prospective, returns up to the cancellation date must be filed before applying and returns for the period between cancellation and revocation must be filed within thirty days of revocation; where cancellation was retrospective, filing of the revocation application is allowed provided all returns from the effective cancellation date until the revocation order are furnished within thirty days of that order.
Clarification in respect of utilization of input tax credit under GST.
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Utilisation of Integrated Tax Credit must be exhausted first, allowing flexible allocation to central and state liabilities thereafter.
Integrated tax credit must be fully exhausted before central or state input credits can be used; integrated credit may be applied toward central and state output liabilities in any order and proportion provided the integrated credit is completely consumed first. The rule permits flexible apportionment of integrated credit across output liabilities and the circular exemplifies allocation options, noting temporary continuation of existing portal functionality until system changes are implemented.
Clarification regarding exercise of option to pay tax under notification No.2/2019 - CT (R) dt.07.03.2019.
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Composition scheme option clarified: procedural filing, registration route, and PAN wide applicability for eligible small suppliers.
Eligible registered persons may opt to pay state tax under the notification by filing FORM GST CMP-02 and furnishing FORM GST ITC-03; new registrants may indicate the option in FORM GST REG-01. The option exercised for any place of business applies to all places of business under the same PAN and is effective from the start of the financial year or from the date of registration for new registrants. Chapter II of the State GST Rules applies mutatis mutandis except as specifically clarified.

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