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Circular No. Circular No. 26(2018)/2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 Ta...
Input Service Distributors, composition taxpayers, and non-resident taxable persons may claim specified electronic ledger refunds using their respective prescribed returns instead of FORM GSTR-1 and FORM GSTR-3B. Compensation cess credit on inputs may be refunded for zero-rated supplies under bond or Letter of Undertaking where the final product is not subject to cess, but cannot be used to pay integrated tax or refunded where export is made on payment of integrated tax. Bond or Letter of Undertaking is not required for exports of exempt or non-GST goods without integrated tax payment.
Central excise civil appeals dismissed after delay condonation, with no substantive legal reasoning or broader principle recorded.
Civil appeals concerning central excise were dismissed after delay was condoned. No substantive legal reasoning, disputed legal question, statutory interpretation, or central excise principle is specified. The operative effect is limited to condonation of delay and dismissal of the appeals, without any stated general legal rule or clarification applicable beyond the appeals.
Circular No. Circular No. 25(2018)/2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 Ta...
Transfer of tenancy rights for tenancy premium constitutes a taxable supply of services, being a form of lease or renting of property. Stamp duty and registration charges on the transfer do not exclude it from GST, and the transfer is not treated as a sale of land or building. Grant of tenancy rights in a residential dwelling for use as a residence is exempt, whether consideration is premium, periodic rent, or both. Surrender of tenancy rights by an outgoing tenant for a share of the tenancy premium remains taxable.
Joint development consideration: transfer of undivided land shares is capital gains where the owner is not conducting real-estate business.
Consideration received by a landowner under a joint development arrangement for transferring undivided land shares is chargeable as capital gains where the owner is not engaged in selling sites, flats, or land as a business. A cost-free superstructure received from the developer constitutes consideration for the transferred undivided land interest. Where the developer owns and sells the constructed superstructure to third parties, the landowner's transaction represents realisation of a capital asset at a better price rather than a business venture.
Notification No. G.S.R. 83/P.A.5/2017/S.164/Amd.(57)/2022 Dated:- 11-11-2022 Punjab SGST
From dates separately notified, amended Rule 10A requires bank-account details to relate to an account in the registered person's name and obtained on that person's PAN, with proprietorship PAN-Aadhaar linkage. Rule 10B requires Aadhaar authentication by the representative applicable to the entity for applications to revoke cancelled registration, FORM GST RFD-01 refund applications, and integrated-tax refunds on exported goods. Where Aadhaar has not been assigned, the relevant person must furnish an Aadhaar Enrolment ID slip with a photograph-bearing bank passbook, voter identity card, passport, or driving licence, then undergo authentication within 30 days after Aadhaar allotment. Refund credit is limited to an applicant account in the applicant's name and obtained on the applicant's PAN.
Customs, DGFT & SEZ
Dated:- 15-10-2026
Ministerial policy priorities for India's trade, investment and technology agenda emphasise artificial intelligence, cybersecurity, technology adoption, manufacturing investment and lifelong skill development. Investment competitiveness is linked to political stability, resilient supply chains, and fair and transparent trading practices. The first tranche of a bilateral trade agreement with the United States has been finalised, while final contours and legal drafting continue before operationalisation.
Circular No. Circular No. 24(2018)/2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 Ta...
Legacy tax arrears and inadmissible input tax credit arising under the pre-GST regime are recoverable as arrears of tax under the Tamil Nadu GST framework where unrecovered under the existing law. Arrears relating to legacy taxes, wrongly availed input tax credit, and improperly carried-forward transitional credit are treated as State tax liabilities and may be paid through the electronic credit ledger or electronic cash ledger. Interest, penalty and late fee must be paid only through the electronic cash ledger, with all such liabilities recorded in Part II of the Electronic Liability Register.
Notification No. G.S.R.84/P.A.5/2017/S.164/Amd.(58)/2022 Dated:- 11-11-2022 Punjab SGST
Punjab Goods and Services Tax framework extends the period specified in rule 137 from four years to five years, effective 30 November 2021. FORM GST DRC-03 now expressly covers tax intimation through FORM GST DRC-01A and payment contexts including scrutiny, audit, inspection, investigation and specified return mismatches. Its revised payment table records tax period, place of supply, tax components, total amount, cash or credit ledger utilisation, and debit-entry details.
Export-service tax refunds extend to Swachh Bharat Cess and Krishi Kalyan Cess on eligible taxable services.
Swachh Bharat Cess and Krishi Kalyan Cess paid on eligible taxable services used for exporting goods are refundable under Notification No. 41/2012-ST. The Finance Act, 2015 and Finance Act, 2016 treat the respective cesses as service tax for refund purposes and apply service-tax refund provisions to them. A harmonious reading of those provisions with the notification supports refund eligibility for export-related services, consistent with the principle that taxes should not be exported.
Circular No. Circular No. 23(2018)/ 2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 T...
Exporters may submit a Letter of Undertaking electronically in FORM GST RFD-11 through the common portal. The LUT is deemed accepted when an online acknowledgement bearing an Application Reference Number is generated, and no physical documents are required for its acceptance. Acceptance remains conditional on prescribed eligibility to furnish an LUT instead of a bond; an ineligible exporter's LUT may be rejected ab initio.
Circular No. Circular No. 22(2018)/2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 Ta...
GSTN, Central and State authorities are to appoint and publicise nodal officers. Taxpayers must apply to field or nodal officers, identify the demonstrable portal glitch, and furnish evidence of their bona fide compliance attempt. Nodal officers collate applications for GSTN verification against electronic records. GSTN identifies issues affecting a large taxpayer class, submits proposed solutions to the IT Grievance Redressal Committee, and the committee may approve modified solutions and direct GSTN and field formations to implement them.
Search assessment additions require seized incriminating material, while documented unsecured loans satisfy cash-credit evidentiary requirements.
Completed assessments under Section 153A permit additions only where incriminating material is found during the search. Statements or information obtained through post-search collateral enquiries cannot replace that jurisdictional requirement, particularly where a loan was already disclosed in the books and balance sheet. An unsecured loan is not liable to addition as unexplained cash credit where confirmation, PAN, tax return records, audited financial statements and bank evidence establish the lender's identity, creditworthiness and the transaction's genuineness. Banking-channel repayment and interest payments with tax deduction further support the disclosed loan.
Notification No. G.S.R. 52/P.A.5/2017/S.164/Amd.(44)/2022 Dated:- 22-7-2022 Punjab SGST
Punjab GST amendments extend the specified rule 117 timelines to 31 March 2020 and 30 April 2020, update SEZ registration particulars in FORM REG-01, and revise return-defaulter notices in FORM GSTR-3A. They also replace FORM INV-01 with an e-invoice schema prescribing Invoice Reference Number registration, structured supplier, buyer, payment, delivery, item, tax, total, transport and digital-signature data, together with cardinality, format and mandatory or optional field specifications.
Circular No. Circular No. 21(2018) /2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 T...
GST treatment of joint venture cash calls depends on whether the payment is a mere contribution of money or consideration for a supply. Contributions pooled by an operating member to acquire machinery for joint venture use are capital contributions and transactions in money, without a supply for consideration. Where the operating member uses its own machinery to perform activities for the joint venture and recovers costs from other members according to their participating interests, it supplies taxable services. The joint venture agreement and related arrangements determine the taxability of each cash call.
Intervener standing in writ proceedings: non-parties cannot appeal a writ judgment but may address the appropriate court.
Intervener standing in writ proceedings does not extend to appellate standing where the intervener was not a party to the writ petition. Participation before the Single Judge solely as an intervener confers no appellate right superior to that of parties to the writ action. The intervener may nevertheless make submissions before the appropriate court on the underlying issue.
Concurrent tax jurisdiction over identical periods is impermissible; only one State or Union authority may initiate action.
State and Union tax authorities cannot simultaneously initiate action against the same assessee for identical tax periods. Parallel proceedings by both authorities for the relevant periods are impermissible, and only one authority may exercise jurisdiction for those periods. This prevents overlapping enforcement action concerning the same taxable person and period.
Circular No. Circular No. 20 (2018) / 2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019...
GST classification of bus body building as a composite supply depends on the principal supply identified from the facts. Tyre retreading is ordinarily a service because retreading imparts the essential character and rubber is ancillary; value is only a guiding factor. Retreaded tyres supplied where the old tyres belong to the supplier are goods. Priority Sector Lending Certificates and Renewable Energy Certificates are goods classifiable under heading 4907, while duty credit scrips receive nil GST. Electricity transmission or distribution by a utility is exempt, but specified ancillary consumer charges and government loan guarantees for consideration are taxable.
Input tax credit conditions distinguish a bar on credit being taken from a restriction on its utilisation. Where credit is not taken, it cannot be entered into the Electronic Credit Ledger for goods or services used in the relevant supply. Where credit is not utilised, it may be availed and pooled but cannot be set off against tax on the specified railway service. Such credit may remain available for other eligible taxable outward supplies.
Notification No. G.S.R. 56/P.A.5/2017/S.164/Amd(71)/2024 Dated:- 22-10-2024 Punjab SGST
Rule 8 governing Punjab GST registration is amended, generally with effect from 11 September 2024, to replace the Aadhaar-authentication process for applicants other than persons notified under section 25(6D). Where common-portal data analysis and risk parameters identify an Aadhaar-authenticating applicant, completion additionally requires biometric-based Aadhaar authentication, a photograph, and verification of original uploaded documents at a facilitation centre notified for this purpose.
Input tax credit on foreign-exchange conversion, card and account-operation charges may be claimed where these are business overheads. Banking companies and financial institutions may issue a consolidated monthly tax invoice or another qualifying document. A bank statement may support the credit claim where it contains the prescribed invoice particulars. Where GSTR-2B entries do not reconcile with bank deductions, a consolidated invoice may assist reconciliation.