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Gujarat Goods and Services Tax (Second Amendment) Rules, 2019
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Input tax credit apportionment for real estate projects clarified, with project-level finalisation, reversals and standardised reporting.
Amendments require project-level computation and finalisation of input tax credit apportionment for construction services under Schedule II clause (b), defining E/F project factors, separate calculation of common credit components (C3, D1, D2, Te, Tc) for residential and commercial portions, assignment of ITC where inputs or capital goods are used across projects, mandatory reversals or credit claims via FORM GSTR-3B or FORM GST DRC-03, interest on reversals beyond the financial year of completion, and standardised definitions and forms for assessment and demand processes.
Sikkim Goods and Services Tax (Second Amendment) Rules, 2019.
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Input tax credit allocation for real estate construction projects clarified, with project-level apportionment, reversals and prescribed form reporting.
Amendments define value of assets and prescribe project-level rules for input tax credit apportionment and finalisation for construction services under Schedule II clause (b). Carpet-area ratios (E/F) determine taxable/exempt attribution, with specific formulas for components (C3, D1, D2, Te, Tcfinal) and separate computations for tax heads. Excesses after finalisation must be reversed in FORM GSTR-3B or FORM DRC-03 with interest or claimed as credit within the specified return period. Capital goods, commercial portions, cross-project allocation, RREP exceptions, order of ITC utilisation, and substituted assessment and demand forms are also prescribed.
Central Goods and Services Tax (Second Amendment) Rules, 2019
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Project wise input tax credit allocation for construction services establishes E/F carpet area apportionment and reversal procedures.
Amendments define "value of assets" as the entire business assets and establish project-wise methods for finalising input tax credit for construction services and capital goods under Schedule II clause (b). They prescribe E/F and related formulas using carpet areas to prorate common credits, require separate declaration by tax component, set timelines (by the September return after completion/occupation) for reversals or claims via FORM GSTR-3B or FORM GST DRC-03, introduce assignment where inputs or capital goods serve multiple projects, set utilisation order of credits in Rule 88A, and substitute multiple DRC and ASMT forms to standardise electronic summaries and proceedings.
Seeks to impose definitive anti-dumping duty on 'Ethylene Vinyl Acetate (EVA) sheet for Solar Module', originating in or exported from China PR, Malaysia, Saudi Arabia and Thailand
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Anti-dumping duty on EVA sheet imports assigns country- and producer-specific duties, payable in Indian currency under conversion rules.
Imposition of definitive anti-dumping duty on Ethylene Vinyl Acetate (EVA) Sheet for Solar Module originating in or exported from China PR, Malaysia, Saudi Arabia and Thailand is directed under section 9A read with Rules 18 and 20. The notification prescribes country- and producer-specific duty rates, applies residual rates for other producers, requires payment in Indian currency with conversion by Government notification under the Customs Act, and is effective for five years unless earlier changed.
Arunachal Pradesh Goods and Services Tax (Second Amendment) Rules, 2019.
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Input tax credit allocation rules updated for real estate projects, altering calculation and reversal procedures on completion.
Amendments clarify that value of assets includes all business assets and introduce project wise rules for calculating and finally determining input tax credit for construction services under Schedule II. They prescribe the E/F ratio based on carpet area (including rules for unbooked apartments on issuance of completion certificate or first occupation), require separate computation of C3, D1, D2 and common credits for commercial portions, and mandate reversal or claim of excess amounts through FORM GSTR-3B or FORM GST DRC-03 by the September return following the financial year of project completion, with interest where applicable.
Amend notification No. 50/2017-customs dated 30th June 2017 to postpone the implementation of increased customs duty on specified imports originating in USA from 1st April, 2019 to 2nd May, 2019
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Postponement of Customs Duty Implementation shifts effective date for specified imports from USA to early May.
Amends Notification No. 50/2017-Customs by substituting the implementation date in the third proviso to postpone the increase in customs duty on specified imports originating in the United States, effected under the Statutory Authority of section 25 of the Customs Act, 1962 and section 3(12) of the Customs Tariff Act, 1975, as a further amendment to the principal notification of 30th June, 2017.
Amendments in the Notification of the Government of Sikkim, in the Department of Finance, Revenue & Expenditure No.02/2019- State Tax (Rate), dated the 7th March, 2019.
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Input tax credit adjustment applies when a person opts to pay tax under this notification, causing ITC payment and lapse.
A registered person who availed input tax credit and opts to pay tax under this notification must debit an amount from the electronic credit or cash ledger equal to input tax credit on inputs in stock, inputs in semi finished or finished goods held in stock, and on capital goods, treating the supply as if the input tax adjustment provisions applied; after such payment any remaining input tax credit in the electronic credit ledger shall lapse.
Seeks to amend Notification No. 02/2019- State Tax (Rate), dated the 7thMarch, 2019
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Input tax credit adjustment requirement: electing taxpayers must extinguish ITC on stock and capital goods before opting in.
Registered persons who have availed input tax credit and opt to pay tax under this notification must debit their electronic credit or cash ledger an amount equal to ITC on inputs in stock, inputs in semi finished or finished goods held in stock, and on capital goods as if transitional reversal rules applied; after such payment any remaining ITC balance in the electronic credit ledger shall lapse. The GST Rules applicable to composition taxpayers shall, mutatis mutandis, apply to persons paying tax under this notification.
Seeks to amend KGST Tax Rate Notification(02/2019) dated 7th March, 2019
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Input tax credit adjustment required when opting to pay under the notification; payment triggers debit and lapse consequences.
Requires a registered person who availed input tax credit and opts to pay tax under the notification to debit the electronic credit or cash ledger an amount equivalent to credit on inputs in stock, inputs in semi finished or finished goods and on capital goods as if section 18(4) applied; after payment any remaining input tax credit balance in the electronic credit ledger shall lapse, and KGST Rules applicable to composition taxpayers shall, mutatis mutandis, apply to persons paying under this notification.
Seeks to amend notification No. 02/2019- Central Tax (Rate) so as to provide for application of Composition rules to persons opting to pay tax under notification no. 2/2019- Central Tax (Rate)
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Composition scheme applicability extended to certain opt-ins requiring payment of input tax credit equivalents and rules to apply mutatis mutandis.
Requires registered persons who availed input tax credit and opt to pay under the notification to debit an amount equivalent to input tax credit for inputs in stock, semi finished or finished goods in stock, and capital goods to their electronic credit or cash ledger, treat the supply as subject to the input reversal mechanism, and provides that any remaining balance in the electronic credit ledger shall lapse.
Amendments in the Notification of the Government of Sikkim in the Department of Finance, Revenue & Expenditure, No.1/2017-State Tax (Rate), dated the 30th June, 2017.
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Reverse charge on supplies by unregistered sellers to real estate promoters requires promoter to remit GST for specified goods.
An entry is inserted in the State GST rate Schedule creating a reverse charge obligation on promoters to pay tax for supplies of goods (excluding capital goods and cement under the cited chapter heading) supplied by unregistered persons to promoters of Real Estate Projects; key terms such as "promoter", "Real Estate Project (REP)" and "Residential Real Estate Project (RREP)" are defined by reference to the Real Estate (Regulation and Development) Act, and the entry applies to goods meeting the conditions even if covered by a more specific tariff item.
Seeks to amend Notification No. 1/2017- State Tax (Rate), dated the 29th June, 2017
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Tax on supplies by unregistered persons to promoters now taxable under reverse charge for construction projects.
Inserts entry 452Q in Schedule III to subject supplies of any goods (excluding capital goods and cement) by an unregistered person to a promoter-where the promoter is liable to pay tax as recipient under the reverse charge mechanism for construction of a project-to the prescribed State tax; clarifies that the entry applies to goods falling under chapter heading 2523 and to any goods meeting the entry's conditions even if classified elsewhere.
Seeks to amend KGST Tax Rate Notification(01/2019) dated the 29th June, 2017
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Reverse charge on supplies to promoters: GST applies where unregistered suppliers provide construction goods and promoter pays tax.
New Schedule III entry 452Q subjects supplies of any goods (excluding capital goods and cement under the specified tariff heading) by an unregistered person to a promoter to tax on the promoter under the reverse charge mechanism of sub section (4) of section 9, with definitions of Promoter, Project, REP and RREP and a non obstante provision that the entry applies to goods meeting the conditions even if otherwise specifically classified.
Seeks to amend notification No. 1/2017- Central Tax (Rate) so as to notify CGST rate of certain goods as recommended by Goods and Services Tax Council for real estate sector
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Supply by unregistered person to promoter triggers notified GST treatment for specified real estate goods under amended tariff entry.
Amendment inserts tariff entry 452Q prescribing GST treatment where an unregistered person supplies any goods other than capital goods and cement falling under chapter heading 2523 to a promoter for construction of a project, with tax payable by the promoter as recipient; the provision applies even if goods are covered by a more specific tariff heading and defines promoter, project, REP and RREP for application.
Seeks to amend notification No. 1/2017- Integrated Tax (Rate) so as to notify IGST rate of certain goods as recommended by Goods and Services Tax Council for real estate sector.
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IGST on supplies to promoters by unregistered persons notified, making promoters liable as recipients under IGST rules.
Inserts an IGST notification entry covering supplies of goods (excluding capital goods and cement under chapter heading 2523) by unregistered persons to promoters for construction of projects where the promoter is liable to pay tax as recipient; clarifies applicability even if goods are covered elsewhere and defines "promoter", "project", "Real Estate Project (REP)" and "Residential Real Estate Project (RREP)" as per the Real Estate (Regulation and Development) Act for the purposes of the entry.
Seeks to amend notification No. 1/2017- Union Territory Tax (Rate) so as to notify UTGST rate of certain goods as recommended by Goods and Services Tax Council for real estate sector.
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UTGST liability for supplies to promoters: tax applies where unregistered suppliers deliver goods to promoters who are recipient-liable.
Inserts a Schedule III entry prescribing UTGST treatment for supplies of any goods, other than capital goods and cement under the specified tariff heading, by an unregistered person to a promoter where the promoter is liable to pay tax as recipient; defines promoter, project, REP and RREP by reference to the Real Estate (Regulation and Development) Act and states the entry applies to all goods meeting these conditions even if covered elsewhere.
Supply of such goods and services or both [other than services by way of grant of development rights, long term lease of land (against upfront payment in the form of premium, salami, development charges etc.) or FSI .
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Reverse charge on promoter: promoter must pay tax on specified shortfall supplies received from unregistered suppliers.
The promoter shall pay tax on a reverse charge basis for supplies of specified goods and services, including cement and capital goods, received from unregistered suppliers when such supplies constitute the shortfall from the minimum value required to be purchased by a promoter for construction of a project, as referenced to Notification No. 11/2017 - Central Tax Rate; definitions of promoter, project, real estate project and residential real estate project are included.
Notify certain services to be taxed under RCM under Section 9(4) of the BGST Act, 2017
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Reverse charge liability on promoters for shortfall supplies in real estate projects, including cement and capital goods, effective April implementation.
Notification applies the reverse charge under section 9(4) of the Bihar GST Act to require registered promoters to pay tax on supplies received from unregistered suppliers where such supplies (including cement and capital goods) constitute the shortfall from the minimum purchase obligation for a real estate project; it defines promoter, project, and Residential Real Estate Project and takes effect from 1 April 2019.
Seeks to notify certain services to be taxed under RCM under section 7(4) of UTGST Act as recommended by Goods and Services Tax Council for real estate sector.
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Reverse charge mechanism: promoters to pay tax on specified inward supplies from unregistered sellers, including cement and capital goods.
Notifies reverse charge under section 7(4) UTGST Act for supplies received from unregistered suppliers by promoters: (i) shortfall supplies required to be purchased for construction of a project, (ii) cement under chapter heading 2523, and (iii) capital goods supplied for construction on which tax is payable at prescribed rates; defines promoter, project, REP, RREP and FSI; effective from 1 April 2019.
Seeks to notify certain services to be taxed under RCM under section 5(4) of IGST Act as recommended by Goods and Services Tax Council for real estate sector.
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Reverse charge mechanism: promoter to pay GST on specified supplies from unregistered suppliers in real estate sector.
Notification under section 5(4) IGST Act requires the recipient to pay tax on reverse charge basis for supplies from unregistered suppliers to a promoter: (i) shortfall supplies required under prior rate notification (excluding certain development rights, long term leases and FSI transactions); (ii) cement falling under the specified Customs Tariff chapter; and (iii) capital goods supplied for construction of projects taxed at prescribed concessional rates. Definitions for promoter, project, REP, RREP and FSI are provided and the notification states its effective date.

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