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Query Posted : 16241
Query Replied : 16239
  • TCS applicable on Merchant Export Supply
    by Manish on Saturday, October 24, 2020  at 06:34 PM

    Respected Sir, Is TCS is applicable in case of Merchant Export. Kindly confirm.

  • Rule 36(4)
    by Vivek on Saturday, October 24, 2020  at 06:26 PM

    In my last query mentioned in link--- Reply was-- 10% ITC in Rule 36(4) will be calculated as follows - 100% of ITC as per Bill which is not uploaded in GSTR-2A, OR,10% of Total ITC Uploaded in GSTR-2A whichever is lower Now query- In First part of above query, ITC to be claimed as per said rule will be [7880+ 788] =Rs 8668. i.e. 100% of 1020, OR, 10% of 7880= 788 , whichever is lower = Rs 788. So, ITC claimed will be 8

  • GST
    by Vivek on Saturday, October 24, 2020  at 03:14 PM

    Dear Sir, If Total IGST is Rs 8900. It includes 2 Bills whose ITC is Rs 1020 and Rs 7880. Bill whose ITC is 1020 has not been uploaded in my 2A. Query- ITC as per 36(4) will be - [7880+ 10% of 1020] =Rs 7982. Am i right ?? 2) 10% ITC in Rule 36(4) will be calculated as follows - 10% of ITC as per Bill which is not uploaded in GSTR-2A, OR , 10% of Total ITC Uploaded in GSTR-2A WHICHEVER IS LOWER . Do you agree ?

  • GST
    by Vivek on Saturday, October 24, 2020  at 02:01 PM

    Sir, A person is engaged in Trading activity and also he has given a commercial property on rent. He is registered under GST. My CA says that Output Tax of Rent cannot be adjusted with ITC of business as this is against the principles of utilisation of ITC. Pls share your views sir.. And also tell what to do in GSTR-3B ? 2) Our supplier has issued a Delivery challan wherein our GSTIN and IGST is mentioned. Can i claim such ITC mentioned in Delivery challan ?

    by SANJEEV AGARWAL on Saturday, October 24, 2020  at 11:02 AM

    Dear Sir Our company doing construction work , we have hired several Plant and machinery equipment like Hydra,JCB,TRAILOR . for hiring we are paying monthly hire charges . As per work order diesel is our scope . as contractor is raising monthly bill, for hire charges as per WO but when engineer in charge certified bill there is deduction amount and bill amount got changed. Sub contractor asking as he has already paid GST . sir can u please guide how to tackle this issue

  • GST
    by Vivek on Saturday, October 24, 2020  at 03:03 AM

    Dear Sir, As per definition of "Restaurant service" in NN-20/2019-CT(R), a) Aerated drinks/Cold drinks provided by Restaurant is a Restaurant service" and taxable @ Rate of GST applicable TO RESTAURANT. Am i right b)Aerated drinks supplied at pool side in Resort is taxable @ ? 2) If a customer stays in a Room which is chargeable @ 8000 and orders food in Room. OR Comes to Restaurant for fooding. Query- Then, in this case, his Restaurant bill should be charged @ 5% or 18% ?

  • GST
    by Vivek on Saturday, October 24, 2020  at 02:43 AM

    Dear Sir, Supply of Foods, drinks/beverage by a Resort to a person in ROOM SERVICE should be taxable @ applicable rate of tax on Room OR @ 5%, treating it as Restaurant service ? 2) If some Rooms are less than Rs 7500 in a Resort and some Rooms are for more than 7500 , then Rate of GST on Restaurant should be 18% or 5% as per NN-20/2019- CT-R ?? 3) Supply of foods/drinks in Restaurant is a service or goods ?

    by SUDHAKAR on Friday, October 23, 2020  at 10:18 PM

    Dear Sir, Can Service Tax department issue new Show cause/ demand notice using benefit of extension period due to Covid 19 after completion of 5 years - limitation period ( Notice for F.Y 2014-15 during month of September 2020 ) ?

  • Form 3B for sept late filed
    by ARUN on Friday, October 23, 2020  at 05:49 PM

    dear sir due to lot of reconciliation for f y 19.20 and from april 2020 to august 2020, we have to take all effect in september 2020 form 3B monthly return. Now if we file form 3B return late by 7 days then will governemnt allow all adjustment which we made in september 2020 Form 3B because we are filing after due date.

  • time limit for filing appeal of e-way bill
    by Paresh on Friday, October 23, 2020  at 04:57 PM

    Our Appeal for the eway bill matter in GST was to be filed on 18th August, 2020. However the same could not be filed. Is there any extension of time for filing of appeal available ?

  • Remission of Tax
    by Paresh on Friday, October 23, 2020  at 04:52 PM

    Is there a provision of Remission of Tax under GST for the reversal of ITC due to fire ?

  • Purchase cost includes refurbishment cost
    by Rohit on Friday, October 23, 2020  at 02:06 PM

    Sir, i am used car dealer, pay GST on Positive Margins. I have one query can we add cost of refurbishment in the purchase cost while calculate GST on sale. For example purchase cost of used car is Rs 100000/-, Refurbishment cost incurred Rs 5000/-, sale value of car Rs 125000/-. What is the margins as per GST law. Rs 25000/- or Rs 20000/-. Thanks in advance.

  • GST on levry of interest on delayed pyment by the memebrr of the housing society to maintainance is less than Rs. 7500/-
    by Manoj on Friday, October 23, 2020  at 10:24 AM

    A housing society monthly maintenance charges to each member is less than Rs. 7500/- hence exempted from levy of GST. However, the Society hires an advocate for the recovery of the overdue from its members. the society also charges interest for delay in payment of the due. Query: 1. Whether the society is liable to register under GST and pay GST under RCM on the legal fees and 2] Whether GST is applicable on interest charged, even if the society is exempted as explained above?

  • GSTR 2B
    by Sreekumar on Thursday, October 22, 2020  at 04:38 PM

    Sir Is it mandatory for dealer to take only the ITC in GSTR 2B and not to consider itc as per 2A or books while filing GSTR 3 B for September. On checking with GST department they also confirm that the dealer can take only 2B ITC credit. Will you please clarify

  • Freight Forwarder
    by Ravinder Bajaj on Thursday, October 22, 2020  at 02:16 PM

    M/s XYZ Pvt. Ltd. Who is a freight forwarder from India is arranging for the export of shipment by Air and Sea, is initially paying freight charges to the Airline/Shipping Line and then recovering the same from PQR Ltd. (exporter) by issuing his own invoice. XYZ not charging any GST on Air/Ocean Frieght part. Is it correct sir? The exemption till 30.09.2021 is valid for freight forwarders as well and not restricted only for shipping/Air lines.

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