CIRCULAR Commissioner of State Tax, Gujarat State, Ahmedabad Dated 15th November, 2017 CIRCULAR No. 16/16/2017-GST No. GSL/GST/S.168/B. A12. Subject: I am directed to issue clarification with regard to certain issues brought to the notice of Commissioner of State Tax as under: S. No. Issue Comment 1. Is GST applicable on warehousing of agricultural produce such as tea (i.e. black tea, white tea etc.), processed coffee beans or powder, pulses (de- husked or sp... ... ...

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL AND HON'BLE MR. JUSTICE FATEH DEEP SINGH For the Appellant : Mr. Gaurav Singh Hooda, Advocate For the Respondent : None Ajay Kumar Mittal, J. 1. This order shall dispose of ITA Nos.152 and 153 of 2014 as according to the learned counsel for the appellant, the facts and the issue involved in both the appeals are similar. However, the facts are being extracted from ITA No. 152 of 2014. 2. ITA No. 152 of 2014 has been preferred by the revenue und... ... ...

Generation and availability of FORM GSTR-2A and FORM GSTR-1A were aligned with extended filing deadlines for FORM GSTR-1 and FORM GSTR-2 for July 2017. FORM GSTR-2A, containing supplier-furnished details, was available to recipients from 11 October 2017 for verification, validation, modification or deletion through FORM GSTR-2, due by 30 November 2017. Recipient changes in FORM GSTR-2 were available to suppliers in FORM GSTR-1A from 1 December to 6 December 2017, enabling acceptance or rejection and consequential amendment of FORM GSTR-1.

Cyber incident reporting by regulated entities is aligned with the Financial Stability Board's FIRE framework through standardised information fields, definitions and incident classifications. Regulated entities must report incidents by email within six hours and through the Cyber Incident Reporting Portal within 24 hours. The portal enables initial reports, intermediate updates and final closure as information becomes available. Entities must establish implementation systems and make consequential amendments to applicable bye-laws, rules or regulations where necessary.

SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI J.SUDHAKAR REDDY, ACCOUNTANT MEMBER For the Appellant : Shri Satish Aggarwal, CA For the Respondent : Shri Vikram Sahay, Sr. DR ORDER PER G.C. GUPTA, VICE PRESIDENT These two appeals by the assessee for the assessment years 2005-06 and 2006-07 are directed against the order of CIT(A). Since identical issue is involved in both these appeals preferred by the assessee, these are being disposed of by a consolidated order. 2. The grounds of a... ... ...

Hon'ble Mr. Justice S.H. Kapadia And Hon'ble Mr. Justice Aftab For the Petitioner : Mr. Vikram Nankani, Adv., Mr. Tarun Gulati, Adv., Mr. Sparsh Bhargava, Adv., Mr. Kishore Kunal, Adv., Mr. Rony John, Adv., Mr. Praveen Kumar, Adv., Mr. Prakash S., Adv. For the Respondent : None. ORDER 1. On the facts of this case, we do see any reason to interfere. 2. The Special Leave Petition is dismissed. =============... ... ...

Deemed export treatment applies to goods supplied by registered persons to EOU, EHTP, STP and BTP units, with refund of tax available to either the supplier or recipient. Recipient units must give prior Form-A intimation to the supplier and both jurisdictional GST officers, endorse tax invoices after receipt, and circulate endorsed copies as proof of supply. They must maintain auditable digital Form-B records of receipt, use, removal and stock, provide monthly transaction data to the jurisdictional GST officer, and comply with applicable Foreign Trade Policy and duty-exemption conditions.

The IT Resilience Index framework requires market infrastructure institutions to assess critical IT systems and related feeder systems through weighted parameters covering availability, security, integrity, governance, reliability and monitoring, business continuity, flexibility, scalability and incident handling. ITRI must be computed automatically on a half-yearly basis, with comparative analysis and corrective actions placed before the Standing Committee on Technology and Governing Board. Institutions must develop early warning systems, continuous service-delivery dashboards and procedures for identifying disruptions or anomalies. The framework must be operational by February 28, 2027.

Classification of unstitched salwar suit fabric under GST remains under the relevant fabric headings where fabric is merely cut from bundles or thans into pieces of varying lengths and packed for sale. Cutting and packing does not alter the character of the goods, including where purchasers subsequently have the pieces stitched. Such fabrics remain subject to GST at 5%, without refund of unutilised input tax credit.

Electoral disqualification for holding an office of profit arises where an engagement creates a continuing position with attached duties and a possibility of remuneration, even if payment depends on work performed and the engagement is terminable. Inclusion on a Railway panel of lawyers met this test because it required continuing duties to monitor litigation, notify the administration, seek adjournments when instructions were absent, and refrain from acting against any Railway; the engagement therefore disqualified the member. In contrast, a gazetted appointment as President of an Improvement Trust Tribunal did not establish that the office was held without evidence of acceptance, assumption of charge, or performance of functions.

Custodianship under the Customs Act is conferred on M/s. Apollo World Connect Ltd. for imported goods landed at Kamarajar Port, Ennore and received at its container freight station, until clearance for home consumption, warehousing, or transhipment. The entity is also appointed custodian of export cargo brought into its premises until export from that port. The custodian must comply with applicable customs provisions, cargo-handling regulations, rules, and instructions.

Marine Infrastructure Developer Pvt. Ltd.'s premises at Kattupalli Village are declared a Customs Area under section 8(b) of the Customs Act, 1962. The area may handle imported FCL and LCL cargo arriving from Kamarajar Port, excluding passengers' unaccompanied baggage, and export cargo until export from the port. Cargo operations must comply with the Handling of Cargo in Customs Areas Regulations, 2009 and applicable public notices.

Defects in prosecution sanction, including error, omission, irregularity or lack of competence of the sanctioning authority, do not vitiate criminal proceedings under Section 19(3) of the Prevention of Corruption Act and Section 465 of the Code of Criminal Procedure unless they cause a failure of justice. This protection applies during ongoing proceedings; prosecution cannot be stayed or quashed mid-course merely because sanction is challenged. Allegations that sanction was granted mechanically or without considering relevant material ordinarily require evaluation after trial evidence is recorded. Interdiction of prosecution on sanction defects is therefore impermissible absent an established failure of justice.

Foreign-exchange conditions reflected a marginal weakening of the rupee against the US dollar, influenced by elevated crude-oil prices, importer demand for dollars, weaker Asian equities and geopolitical uncertainty. The currency remained within a narrow trading band, with RBI dollar sales described as moderating sharper depreciation. The RBI's special USD-INR forex swap facility for FCNR(B) deposits, Overseas Foreign Currency Borrowings and External Commercial Borrowings mobilised substantial foreign-exchange inflows, indicating support from non-resident Indian participants.

Terracotta idols are treated as idols made of clay because terracotta is clay-based material. They are therefore covered by the nil-rate entry applicable to clay idols under the relevant State Tax (Rate) notification. Implementation difficulties may be brought to the notice of the Commissioner of State Tax.

Tariff Rate Quota imports of raw sugar must be converted into white/refined sugar and sold in the domestic market within a period not exceeding two months from the date of filing the bill of entry. This replaces the earlier requirement to process the imported raw sugar within a reasonable period and sufficiently before a specified date for domestic sale. All other applicable terms and conditions remain unchanged.

Inter-state movement of rigs, tools, spares and goods on wheels, including cranes, between distinct persons is neither a supply of goods nor a supply of services when the movement is not for further supply of the same goods. No IGST applies to such movement, including movement for repairs or maintenance. Applicable GGST, CGST or IGST remains leviable on the repairs and maintenance services performed.

Manual GST refund processing applies to accumulated input tax credit from inverted duty structure, deemed exports and excess electronic cash ledger balances until the portal module is available. Applications in FORM GST RFD-01A require prescribed periodic returns, supporting statements and, where applicable, undertakings. Deemed-export claims may be made by the supplier or recipient subject to reciprocal non-claim undertakings. Rejected debits are re-credited to the electronic credit ledger, while Central and State tax authorities coordinate payment of their respective sanctioned components. Accumulated input tax credit refund is unavailable where GST drawback has been availed.

GST Council meeting frequency is examined against the requirement to hold at least one meeting in every financial-year quarter. The commentary identifies recurring quarters without meetings and urges regular quarterly meetings to address GST issues promptly. It also seeks reconsideration of registration thresholds, removal of blocked input tax credit restrictions for real-estate developers and builders, restraint in imposing maximum general penalties for curable procedural lapses without tax short-payment, and consistent, higher-quality adjudication to reduce avoidable litigation.

GST and excise classification of goods is governed by the common parlance test where a tariff entry uses ordinary commercial language without statutory or technical definition. Soft serve may fall within ice cream and other edible ice when consumers and trade identify it as ice cream. Technical standards, composition ratios and scientific material prevail only where the tariff or its notes expressly employ technical criteria. Food-safety definitions and quality thresholds cannot be mechanically imported into fiscal classification because regulatory quality-control laws and tax tariffs serve different purposes.