GOVERNMENT OF GOA Department of Finance Office of the Commissioner of Commercial Taxes No. CCT/26-4/2023-24/G/2559 Panaji, 30th October, 2023. Subject: Clarification on issues pertaining to taxability of personal guarantee and corporate guarantee in GST-regarding. Ref .: Circular No. 204/16/2023-GST dated 27th October, 2023 issued under the Central Goods and Services Tax Act, 2017 by the GST Policy Wing, Central Board of Indirect Taxes and Customs, Department of Revenue, Minist... ... ...

GST rate clarification concerning imitation Zari thread or yarn applies under the Goa Goods and Services Tax Act, 2017. The Commissioner of State Taxes directs that the corresponding central clarification operate mutatis mutandis within the Goa GST framework to promote uniform implementation.

Place-of-supply clarifications issued within the central GST framework for various cases are adopted for application under the Goa Goods and Services Tax Act, 2017. The central clarification applies mutatis mutandis in Goa to secure uniform implementation of GST provisions concerning determination of the place of supply. Implementation difficulties may be brought to the notice of the Commissioner of State Taxes.

TIR Carnet processing at JNCH preserves regular customs assessment, examination, and clearance requirements while using Carnet vouchers for international transit. Carnet holders must complete prescribed manifest and voucher particulars without unauthorised alterations, retain counterfoils, and present the original Carnet with clearance or transhipment documents. Officers verify Carnet validity, goods conformity, container numbers, and seals; retain the appropriate voucher; update the TIR EPD system; and maintain registers. Seal tampering, missing entry endorsements, accidents, irregularities, and invalid Carnets trigger prescribed verification, reporting, retention, or investigation procedures.

Export of services under sub-clause (iv) of section 2(6) of the Integrated Goods and Services Tax Act, 2017 is addressed through adoption of central GST guidance under the Goa Goods and Services Tax Act, 2017. For uniform implementation, the clarification concerning export of services is made applicable mutatis mutandis under the Goa GST framework.

Tata Sons' status as an upper-layer non-banking financial company has brought its proposed public listing into focus after the Reserve Bank of India rejected its application to voluntarily surrender core investment company registration. Tata Sons is required to take steps to comply with the enhanced regulatory framework applicable to upper-layer NBFCs, which includes stock-market listing. Classified in 2022, Tata Sons did not meet the original listing deadline and had pursued deregistration after repaying debt.

Specified recipient descriptions under serial number 3 are confined to a Union territory or local authority, removing Governmental Authorities and Government Entities, while conditions for the affected items are omitted. Textile and textile-product coverage under serial number 26, item (i), clause (b), excludes dyeing or printing services. These amendments apply from 1 January 2022.

Insolvency appeal admission was made conditional on the appellant depositing specified sums in two stages by the prescribed deadlines. The auction process could continue in the interim, but no final auction decision could be taken until 2 June 2022. Payment of the remaining required sum by 1 June 2022 would further prevent finalisation of the auction until further directions. The operative effect was to permit continuation of the auction process while preserving the appellant's position against final disposal, subject to timely compliance with the deposit conditions.

Risk-based selective physical boarding of vessels is conducted through advance profiling based on compliance history, voyage details, cargo, port records and vessel declarations. Port operators provide weekly berthing lists, and the Boarding Section records risk-based reasons for physical inspections. Where a vessel is not boarded, the Master of the Vessel and Shipping Agent remain fully responsible for accurate electronic declarations, proper control of ship stores and crew effects, prevention of unlawful unloading or consumption of restricted, high-duty or unmanifested goods, and prompt reporting of logistical or documentation changes.

With effect from 1 January 2022, service descriptions at serial numbers 3 and 3A omit references to a Governmental authority or Government Entity. Items (b) and (c) at serial number 15, and item (e) at serial number 17, do not apply to services supplied through an electronic commerce operator when the services are notified under the special tax-liability mechanism in section 9(5) of the Goa GST Act.

Goa GST treatment under section 9(5) broadens passenger transportation coverage to motor cycles, omnibuses and other motor vehicles, with aligned statutory definitions. Restaurant service is added, excluding services supplied by restaurants or eating joints located at specified premises. Specified premises provide hotel accommodation with a declared tariff above Rs. 7,500 per unit per day or equivalent. The amendments apply from 1 January 2022.

Sea Cargo Manifest and Transhipment Regulations, 2018, become operational through phased implementation, requiring sea-cargo stakeholders to use prescribed electronic messages for customs processing. At Cochin Port, Shipping Lines, Shipping Agents and other stakeholders must ensure timely filing of prescribed electronic messages in the Customs Automated System to support smooth cargo functioning and clearance.

Reserve Bank of India rejection of Tata Sons' application to surrender its core investment company registration requires compliance with the upper-layer non-banking financial company regulatory framework. The resulting regulatory path is associated with public listing. Shapoor Mistry supports listing as a means to enhance transparency, shareholder visibility, and corporate governance accountability, while potentially clarifying the holding company's value and supporting a durable flow of value towards charitable activities without compromising Tata's philanthropic mission.

Goa SGST exemption schedule is amended to separately cover frozen vegetables and provisionally preserved vegetables unsuitable for immediate consumption, and printed or manuscript music whether or not bound or illustrated. It also covers Government public-auction supplies of gift items received by the President, Prime Minister, Governor, Chief Minister, or public servant, where proceeds are used for a public or charitable cause. These amendments take effect on 1 January 2019.

Goa SGST notification framework operating under sub-section (3) of section 54 replaces the earlier reference to supplies specified in sub-item (b) of item 5 of Schedule II with a detailed description of construction services. The revised description concerns construction of a complex, building, or part thereof intended for sale, wholly or partly, to a buyer where the consideration charged includes the value of land or an undivided share of land.

Goa GST reverse-charge service entries expressly include the Ministry of Railways (Indian Railways) in serial number 5, item (2), sub-item (i), alongside the Department of Posts. Serial number 5A correspondingly excludes Indian Railways from its Central Government services description. The paired amendments place Indian Railways under serial number 5 rather than serial number 5A and take effect on 20 October 2023.

Container-number mismatches between Shipping Bills and Export General Manifests are classified as Error Code C and may impede processing of IGST refund and drawback claims. An incorrect EGM requires the Shipping Line to file a supplementary EGM, followed by approval in ICES. An incorrect Shipping Bill requires submission of the approved Container Load Plan and Bill of Lading to the concerned Stuffing Superintendent, who amends the container number through the ICES Container Amendment function.

Voluntary disallowance of year-end expenditure provisions under Sections 40(a)(i)/(ia), without a resulting loss of revenue, prevents automatic treatment of the deductor as an assessee in default under Section 201(1) solely for non-deduction at the provisioning stage. Interest under Section 201(1A) depends on recipient-wise verification of payees' tax payments and subsequent deduction and deposit of tax when provisions are reversed or actual payments occur. Commission and dealer-rebate provisions require examination of distribution agreements to determine whether dealers act independently or as agents, together with verification of recipients' taxable income and tax compliance. A blanket Section 201 demand is inappropriate without contractual and recipient-specific verification.

Goa GST rate-schedule and service-classification amendments take effect on 1 October 2021. Intellectual Property rights transfers or permissions to use are taxable at 9%. Job work relating to manufacture of alcoholic liquor for human consumption is inserted at 9%, and specified manufacturing, publishing, printing, reproduction and material recovery services are taxable at 9%. Admission to specified amusement venues is taxable at 9%, while casinos, race clubs and specified sporting events are taxable at 14%. Entries for domestic multimodal transport of goods are added to the service-classification scheme.

EGM errors appearing in the EDI system after filing Shipping Bills and delivering Departure Manifests require rectification. The person in charge of a conveyance carrying export goods must deliver a Departure Manifest before departure from the Customs station. Incorrect Departure Manifests may delay export incentives. Concerned exporters, Customs Brokers and Shipping Lines are requested to rectify identified Shipping Bill errors or file Departure Manifests, as applicable, to avail post-export benefits or incentives.