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Circular No. 88/07/2019

Date: February 1, 2019
Subject: Amendments to earlier GST circulars consequent to changes in GST laws
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Description:

This circular provides a consolidated clarification on changes required in various earlier circulars due to the coming into force of the GST Amendment Acts with effect from 1 February 2019.

The circular clarifies that export proceeds for goods and services may now be realised in Indian Rupees wherever permitted by the RBI, and accordingly, furnishing of LUT for exports and supplies to SEZ developers or units is permissible irrespective of whether payment is received in INR or convertible foreign exchange, subject to RBI guidelines.

It revises earlier instructions relating to job work by clarifying time limits for return or further supply of goods sent for job work, responsibility of the principal, valuation of job work services, registration requirements of job workers, and treatment of goods not returned within the prescribed period. It also clarifies valuation aspects relating to moulds, dies, jigs and fixtures used in job work.

The circular amends procedures relating to detention and seizure of goods by extending the time limit for payment of tax and penalty from seven to fourteen days. It also streamlines recovery provisions by mandating payment of liabilities through FORM GST DRC-03 and disallowing reversal through GSTR-3B.

Further, it clarifies that once an application for cancellation of registration is filed, registration shall remain suspended during pendency of proceedings, and routine compliance notices should not be issued during such period.

These amendments aim to align existing clarifications with statutory changes and ensure uniform implementation of GST provisions.

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