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<
Notification No. 742018- Central Tax, GST
Notification no 74/2018 Central Tax date on 31st December, 2018, GST
Fourteenth amendment to the CGST Rules, 2017 .
The extract of GST Notification No. 74/2018- Central Tax is given below:
[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]
Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Indirect Taxes and Customs
Notification No. 74/2018 – Central Tax
New Delhi, 31st December, 2018
G.S.R……(E). - In exercise of the powers conferred by section 164 of the Central Goods and
Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:-
- (1) These rules may be called the Central Goods and Services Tax (Fourteenth Amendment) Rules, 2018.
(2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette.
- In the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in rule 12, after sub-rule (1), the following sub-rule shall be inserted, namely:-
?(1A) A person applying for registration to collect tax in accordance with the provisions of section 52, in a State or Union territory where he does not have a physical presence, shall mention the name of the State or Union territory in PART A of the application in FORM GST REG-07 and mention the name of the State or Union territory in PART B thereof in which the principal place of business is located which may be different from the State or Union territory mentioned in PART A.?.
- In the said rules, in rule 45, in sub-rule (3), after the words ?received from a job worker?, the words, ?or sent from one job worker to another? shall be omitted.
- In the said rules, in rule 46, after the fourth proviso, the following proviso shall be inserted, namely:-
?Provided also that the signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of an electronic invoice in accordance with the provisions of the Information Technology Act, 2000 (21 of 2000).?.
- In the said rules, in rule 49, after the second proviso, the following proviso shall be inserted, namely:-
?Provided also that the signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of an electronic bill of supply in accordance with the provisions of the Information Technology Act, 2000 (21 of 2000).?.
- In the said rules, in rule 54,-
(a) in sub-rule (2), the following proviso shall be inserted, namely:-
?Provided that the signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of a consolidated tax invoice or any other document in lieu thereof in accordance with the provisions of the Information Technology Act, 2000 (21 of 2000).?.
(b) in sub-rule (4), the following proviso shall be inserted, namely:-
?Provided that the signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of ticket in accordance with the provisions of the Information Technology Act, 2000 (21 of 2000).?.
- In the said rules, in explanation (b) to sub-rule (5) of rule 89, the following clause shall be substituted, namely:-
?Adjusted Total turnover? and ?relevant period? shall have the same meaning as assigned to them in sub-rule (4).?.
- In the said rules, in rule 96, in sub-rule (1), in clause (a), after the words ?export goods duly files?, the words ?a departure manifest or? shall be inserted.
- In the said rules, in rule 101, in sub-rule (1), after the words ?financial year?, the words ?or part thereof? shall be inserted.
- In the said rules, after rule 109A, the following rule shall be inserted, namely:-
?109B. Notice to person and order of revisional authority in case of revision. - (1) Where the Revisional Authority decides to pass an order in revision under section 108 which is likely to affect the person adversely, the Revisional Authority shall serve on him a notice in FORM GST RVN-01 and shall give him a reasonable opportunity of being heard.
(2) The Revisional Authority shall, along section 108, issue a summary of the order in the final amount of demand confirmed.?.
with its order under sub-section (1) of FORM GST APL-04 clearly indicating
- In the said rules, in rule 138, in sub-rule (1), for Explanation 1, the following Explanation shall be substituted, namely-.
?Explanation 1. – For the purposes of this rule, the expression ?handicraft goods? has the meaning as assigned to it in the Government of India, Ministry of Finance, notification No. 56/2018-Central Tax, dated the 23rd October, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1056 (E), dated the 23rd October, 2018 as amended from time to time.?
- In the said rules, after rule 138D, from a date to be notified later, the following rule shall be inserted, namely:-
“138E. Restriction on furnishing of information in PART A of FORM GST EWB-01.- Notwithstanding anything contained in sub-rule (1) of rule 138, no person (including a consignor, consignee, transporter, an e-commerce operator or a courier agency) shall be allowed to furnish the information in PART A of FORM GST EWB-01 in respect of a registered person, whether as a supplier or a recipient, who,—
(a) being a person paying tax under section 10, has not furnished the returns for two consecutive tax periods; or
(b) being a person other than a person specified in clause (a), has not furnished the returns for a consecutive period of two months:
Provided that the Commissioner may, on sufficient cause being shown and for reasons to be recorded in writing, by order, allow furnishing of the said information in PART A of FORM GST EWB 01, subject to such conditions and restrictions as may be specified by him:
Provided further that no order rejecting the request of such person to furnish the information in PART A of FORM GST EWB 01 under the first proviso shall be passed without affording the said person a reasonable opportunity of being heard:
Provided also that the permission granted or rejected by the Commissioner of State tax or Commissioner of Union territory tax shall be deemed to be granted or, as the case may be, rejected by the Commissioner.
Explanation:– For the purposes of this rule, the expression ?Commissioner? shall mean the jurisdictional Commissioner in respect of the persons specified in clauses (a) and (b).?.
- In the said rules in rule 142, in sub-rule (5), after the words ?section 74?, the words ?or sub-section (12) of section 75? shall be inserted.
- In the said rules, for FORM GST RFD-01, the following form shall be substituted, namely:-
?FORM-GST-RFD-01
[See rule 89(1)]
Application for Refund
(Applicable for casual or non-resident taxable person, tax deductor, tax collector, un-registered person and other registered taxable person)
- GSTIN / Temporary
ID
- Legal Name
- Trade Name, if any
- Address
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5.
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Tax period
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From <Year><Month>
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To
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<Year><Month>
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(if
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applicable)
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Turnover for the period under composition scheme
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(-)
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Paid through ITC
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Payable
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cash
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Centra
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State
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Integrat
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Cess
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l Tax
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Tax /
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Designation/status
Instructions: –
- Terms used:
(a) GSTIN: Goods and Services Tax Identification Number
- It is mandatory to file all your FORM GSTR-1, FORM GSTR-3B and FORM GSTR - 9 for the FY 2017-18 before filing this return. The details for the period between July 2017 to March 2018 are to be provided in this statement for the financial year 2017-18. The reconciliation statement is to be filed for every GSTIN separately.
- The reference to current financial year in this statement is the financial year for which the reconciliation statement is being filed for.
- Part II consists of reconciliation of the annual turnover declared in the audited Annual Financial Statement with the turnover as declared in the Annual Return furnished in FORM GSTR-9 for this GSTIN. The instructions to fill this part are as follows :-
Table No. Instructions
5A The turnover as per the audited Annual Financial Statement shall be declared here. There may be cases where multiple GSTINs (State-wise) registrations exist on the same PAN. This is common for persons / entities with presence over multiple States. Such persons / entities, will have to internally derive their GSTIN wise turnover and declare the same here. This shall include export turnover (if any). It may be noted that reference to audited Annual Financial Statement includes reference to books of accounts in case of persons / entities having presence over multiple States.
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5B
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Unbilled revenue which was recorded in the books of accounts on the basis of
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accrual system of accounting in the last financial year and was carried forward
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bottom" width="81">
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6.
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Amount of
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Act
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Tax
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Interest
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Penalty
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Fees
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Others
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Total
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Refund
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Claimed
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Central
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(Rs.)
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tax
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State / UT
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tax
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Integrated
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tax
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is payable during the financial year on such revenue (which was recognized
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earlier), the value of such revenue shall be declared here.
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(For example, if rupees Ten Crores of unbilled revenue existed for the
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financial year 2016-17, and during the current financial year, GST was paid on
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rupees Four Crores of such revenue, then value of rupees Four Crores rupees
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shall be declared here)
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5C
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Value of all advances for which GST has been paid but the same has not been
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recognized as revenue in the audited Annual Financial Statement shall be
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declared here.
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5D
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Aggregate value of deemed supplies under Schedule I of the CGST Act, 2017
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shall be declared here. Any deemed supply which is already part of the
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turnover in the audited Annual Financial Statement is not required to be
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included here.
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5E
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Aggregate value of credit notes which were issued after 31st of March for any
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supply accounted in the current financial year but such credit notes were
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reflected in the annual return (GSTR-9) shall be declared here.
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ed Tax
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UT
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9
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Tax
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Value
Port
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No.
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Date
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Ref
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Date
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No.
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Date
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code
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No.
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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11
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12
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Statement- 3A [rule 89(4)]
Refund Type: Export without payment of tax (accumulated ITC) – calculation of refund amount
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M
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Adjustments in turnover under section 15 and rules
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(+/-
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thereunder
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Cess
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l Tax
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Tax /
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ed Tax
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UT
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Tax
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Cess
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Total
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7.
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Grounds of
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(a)
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Excess balance in Electronic Cash Ledger
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refund
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(b)
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Exports of services- with payment of tax
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claim
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(c)
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Exports of goods / services- without payment of tax
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(select from
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(accumulated ITC)
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drop down)
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(d)
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On account of order
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&bottom" width="29"> gn="bottom" width="7">
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1
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2
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3
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4
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A
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Purchases
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B
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Freight / Carriage
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C
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Power and Fuel
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Imported goods
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D
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note, if
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note, if
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11)
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any
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B
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State Tax
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Verification:
I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed there from and in case of any reduction in output tax liability the benefit thereof has been/will be passed on to the recipient of supply.
Place
Signature
Name of Authorised Signatory
Date
Designation / Status
Instructions: –
- It is mandatory to file all your FORM GSTR-4 for the FY 2017-18 before filing this return. The details for the period between July 2017 to March 2018 shall be provided in this return.
- It may be noted that additional liability for the FY 2017-18 not declared in FORM GSTR-4 may be declared in this return.
- Part I consists of basic details of taxpayer. The instructions to fill Part I are as follows :
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Table No.
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Instructions
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5
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Aggregate turnover for the&nbsnbsp" width="8"/td>
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Late fee payable and paid
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Description
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Payable
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Paid
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1
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2
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3
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A
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Central Tax
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B
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State Tax
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e
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Tax
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on
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e
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B2C)
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d
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on
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