Latest Clarifications :
• Inspection of goods in movement, and detention, release and confiscation of such goods
• Circular No. 49/23/2018-GST DT. 21-06-2018
• Detained only if there is violation
• Illustration: Where a conveyance carrying twenty-five consignments is intercepted and the person-in-charge of such conveyance produces valid e-way bills and/or other relevant documents in respect of twenty consignments, but is unable to produce the same with respect to the remaining five consignments, detention/confiscation can be made only with respect to the five consignments and the conveyance in respect of which the violation of the Act or the rules made the reunder has been established by the proper officer.
• Circular No. 48/22/2018-GST Dt. 14-06-2018
• Services of short-term accommodation, conferencing, banqueting etc. provided to (SEZ) developer/unit be treated as an interState supply (under section 7(5)(b) of the IGST Act, 2017) or an intra-State supply (under section 12(3)(c) of the IGST Act, 2017)
• Specific provision shall prevail over the general provision
• Sec 7(5)(b) shall prevail and shall be treated as an inter-State supply
• Benefit of zero rated supply can be allowed to all procurement by a SEZ developer or a SEZ unit such as event management services, hotel and accommodation services, consumables etc?
• Subject to the provisions of section 17(5) of the CGST Act, if event management services, hotel, accommodation services, consumables etc. are received by a SEZ developer or a SEZ unit for authorized operations, as endorsed by the specified officer of the Zone, the benefit of zero rated supply shall be available in such cases to the supplier
• Tax ability of “tenancy rights” under GST
• Circular no. 44/18/2018-CGST dated 2nd May, 2018
• Transfer of tenancy rights to a new tenant against consideration in the form of tenancy premium is taxable Grant of tenancy rights in a residential dwelling for
• use as residence dwelling against tenancy premium or periodic rent or both is exempt
• Issues related to furnishing of Bond/Letter of Undertaking for exports
• Circular No. 40/14/2018-GST
• Online submission of RFD-11 on common portal
• Deemed acceptance
• No physical documents needs to be submitted
• Discovered that exporter was ineligible then liable for rejection ab initiation
• Whether LUT or bond is required in case of exports of zero rated supply of exempted or non-gst goods? Whether refund can be claimed by such exporter?
• Circular No. 45/19/2018-GST
• Furnishing a bond or LUT cannot be insisted upon
• Exporter would be eligible for refund of un- utilized input tax credit of central tax, state tax, union territory tax, integrated tax and compensation cess in such cases
• Whether Job workers of Fabric are eligible for Refund under Inverted structure even if goods which are processed (Fabric)are covered under restrictive list for refund of ITC?
• Job-worker provides “Service” and there is no restriction for refund under restrictive list for “Service”. Restriction is only for sale of goods. Hence refund of ITC is allowed. (Circular No. 48/22/2018-GST dt. 14-06-2018)
• Servicing of motor-cars or vehicles- Composite/mixed supply? Supply of Goods or Service?
• If value of goods and service are indicated separately on invoice then such goods and service are taxed separately. (Circular No. 47/21/2018-GST)
• Whether moulds and dies owned by OEM sent FOC to a component manufacturer is leviable to tax and whether OEM’s are required to reverse input tax credit in this case?
• Circular No. 47/21/2018-GST
• If parties are not related, then need not to add value of product by component manufacturer.
• No ITC reversal by OEM with regard to FOC –mould or die
• If contract states responsibility of mould or die is of CM then value of mould has to be added even if supplied FOC.
• (Circular No. 47/21/2018-GST dt. 08-06-2018)
• Whether E-way bill is required for goods moving within the state by passing through another state?
• E-way bill is required to be generated Whether E-way bill is required for goods
• moving from DTA to SEZ in same state?
• No requirement to generate an e-way bill, if the same has been exempted under rule 138(14)(d) of the CGST Rules
• Whether goods can be delivered by Railway authorities if no e-way bill is generated?
• No delivery of goods unless E-way bill is produced