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Query Posted : 15084
Query Replied : 15079
  • Garment Manufacturing Co. having own retails stores in different state-Whether Composition allowed
    by Sandeep on Sunday, May 31, 2020  at 05:35 PM

    ABC Firm is a garment Manufacturer & retailer. It has store in Mumbai (own), Pune(Franchise), Delhi(own) & Surat (Franchise). Firm has different GST registration in Maharashtra (Mumbai & Pune) seperate for Delhi. Surat franchise has seperate GST regn. Query 1.Can the Firm opt for Composition GST in Delhi & Pune ? 2. Can the Franchise in Surat opt for Composition GST (Presuming turnover is below 1.5 crores in each store)

  • Treatment of contingent income
    by Anjali on Saturday, May 30, 2020  at 06:26 PM

    Dear Sir, When do we have to treat the income in our books and discharged income tax and GST incase court order has come in our favour but it is further litigated by the other party in the higher court?

  • Inter head transfer of unutilized Input tax credit
    by Neha on Saturday, May 30, 2020  at 06:14 PM

    Can Unutilized Input tax credit balance in SGST head be transferred to IGST head?

  • Tax Liability.
    by Anil on Saturday, May 30, 2020  at 05:42 PM

    Dear Sir, ABC Publisher is registered taxpayer under GST in Delhi, it supplies books which is exempted from tax and no other supply. ABC Publisher paid royalty to Mr. XYZ. Query Whether ABC publisher would liable to pay tax under RCM on royalty paid to XYZ. If yes then what rate. If answer is positive then whether govt. is increasing the cost of education for common people ? Is is justifiable ?

  • Refund
    by Dipasha on Saturday, May 30, 2020  at 04:54 PM

    We do both domestic supply and export of goods.If we export goods(without payment of tax under LUT),Can we claim refund of ITC under inverted duty structure if we already claimed refund of ITC on export without payment of tax?

  • IGSTon premixes and additives imported classified under chapter 23 of Customs
    by Yazad Wadia on Saturday, May 30, 2020  at 02:41 PM

    Dear Sir, Import of premixes and Additives for animals attracts 20% BCD.IGST on the same should be NIL or 18%? The premixes and additives imported are processed to make feed for horses and cattle. Exemption notification 02/2017 (IT) Rates, alongwith the various amendments, intends to exempt, aquatic feed, cattle feed and poultry feed. Does sale of animal feed, used for horses become chargeable to CGST and SGST at 18%? All the books have stated Nil rate for HSN code 23099090.Any explanation?

  • GST
    by Vivek on Saturday, May 30, 2020  at 02:26 PM

    Dear Sir, Our seller is in Kolkata and we are in Lucknow. Seller dispatched goods to us via M/S XYZ Transporter to Lucknow. THE XYZ TRANSPORTER HERE SUBMITTED THE GOODS TO HIS ASSOCIATE IN LUCKNOW NAMED, M/S ABC Transport Agency. ABC issues a DELIVERY RECEIPT to US, wherein he charges from US Freight (AS CHARGED BY XYZ) & Delivery charges upto our shop. Query- Who will pay GST under RCM [BUYER(i.e. we) or SELLER] ? 2) WHETHER GST SHOULD BE PAID ON DELIVERY CHARGES ALSO ??

  • GST - GTA exemption
    by Vivek on Saturday, May 30, 2020  at 01:36 PM

    Dear Sir, If Goods pertaining to AN INVOICE are packed in 4 Cartons by seller. 2 Goods were dispatched in one Carriage. And the other were dispatched later on in ANOTHER CARRIAGE. Freight of Rs 1500 was charged by transporter on 1st carriage. And on another carriage, freight of Rs 1300 was charged. Query- Exemption of 1500 limit will be available in both cases . Do you agree ?? 2) When exemption of Rs 750 will be applicable ?? Unable to understand wording of provision ??

  • GST on Notional Loker Rent
    by Dhiraj Shah on Saturday, May 30, 2020  at 12:40 PM

    Co operative Bank give Loker to their member against FDR , in this schem Bank not charges loker rent and not give Interest in FDR , Hence No effect is given in books of account of Bank so My Question is Bank have to Charge GST on Notional Income if Loker Rent ?

  • Classification.
    by Anil on Saturday, May 30, 2020  at 12:07 PM

    Dear Sir, ABC Ltd. is registered taxpayer under GST in Delhi, it makes a contract with a foreign company(XYZ) to supply goods against fixed monthly payment. ABC would also be liable for payment even when no goods supply by foreign company. Query: Whether fixed monthly payment by ABC Ltd. is for supply of goods or service?

  • intermediary service
    by arun on Friday, May 29, 2020  at 08:17 PM

    dear sir seller is in india and buyer is in india but commission agent is in foreign country who who arranges or facilitates the supply of services to buyer in india. In this case commission agent who is foreigner (intermediary) hence place of supply will be foreign country. Hence gst not payable when seller makes payment of commission to foreigner (no gst on reverse charge basis).it is not import of service. Am i correct sir.

  • Place of Supply
    by Akash on Friday, May 29, 2020  at 04:47 PM

    What will be the place of supply in case goods are stored in Gujarat warehouse by a Supplier on the direction of the Recipient of Delhi

  • Hotel Services taken in different state.
    by Kavita on Friday, May 29, 2020  at 02:33 PM

    In my case, my registered place of business is Rajasthan & for the business purpose, I have arranged a business meeting in the hotel of Haryana, for which they have charged applicable fees. Now I want to know can I avail the input tax credit of the hotel services availed by me for business purposes in Haryana? If yes, under which provision of CGST Act it is mentioned apart from section 16?

  • Rate of interest applicable on reversal
    by Kavita on Friday, May 29, 2020  at 02:26 PM

    1. 18% & 24% Rates of interest liability specified in section 50 of the CGST Act are used in which cases. 2. Do we use a 24% rate of interest on a reversal of ITC? And there could be different reasons for reversal of ITC say (i) Reversal on account of non-payment of liability within the 180 days under 16(4) & (ii) Reversal on account of ineligible input taken. What rate of interest liability under section 50 of the CGST Act will be applicable in the above cases?

  • Late raising of invoice
    by Shreekumar on Friday, May 29, 2020  at 02:02 PM

    Sir, A has raised a single invoice for professional services provided during the entire FY 2019-20 on 31-3-2020. Terms of service do not provide for any time line when the invoice should be raised. Can it be held that A should have raised invoices every month and consequentially be made liable for penalty for late raising of invoice? If yes, what will be the amount of penalty - flat Rs.25,000 or Rs.25,000 for each month of the FY 2019-20 [u/s 122(3)(e)]? Thanks.

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