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V
Vijay Kumar
Hi, i have a query regarding, for veh ser done in chennai, vendor is assigning SGST,CGST for material usage and IGST for service charge, was it correct
no CGST/SGST should have been charged on the entire invoice.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
K
K Baruah
I have received a show cause notice under section 74 of GST act which states that I have supressed GST. I am informed in that SCN that I have issued several ewaybills during april-September'19 period, on basis of which I am asked to reply the SCN.
I would like to inform that GST was at its infancy in Assam at that time, and most of tax officials even didnot have proper information. But on October'19 , the superintendent of taxes of my jurisdiction issued me a show cause for non filling of GST returns for 6 months and thereby cancelled my GST registration. After that I have filled returns. But their act of cancellation ruined my business and I could complete my supplies to the buyers in Bihar/Uttar Pradesh which resulted in cancellation of orders. Buyers stopped payment which is still pending. I am not in position to pay the huge amount which is demanded as per SCN.
Now, I want to know the following...
1. Can a state deputy commissioner issue SCN on inter-state supllies ?
2. Is calculation of tax, purely on basis of ewaybill (which was in its infancy at that time) as mentioned in the SCN is legally valid or discretionery on part the GST officer ?
3. Do I have to pay whatever amount the GST officer demands as per SCN ?
Kindly guide me on this issue.
Regards,
Dear Sir,
1. The officer is empowered to inquire on all supplies.
2. In relation to calculation of tax, there are several judgements which have ruled on both ways. Hence, the exact facts of the case are required to be known to be able to be of any assistance to you.
3. not at all. if you have abided by the law, then you are well within your rights to fight the SCN and thereafter the final liability would be computed, if any.
Please connect to me on 983 654 3836 further details.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
S
Saleem
I have a freelance software development job from Germany where they will be paying around 35lakhs for the year. Do I need to have a gst for freelance jobs. And how do i save tax for this.
Hello,
I they will be paying you as professional fees and not salary, GST Registration would be required.
Further, if the consideration would be in convertible foreign exchange, you can file LUT under GST and supply these services without payment of GST.
I hope that this answer satisfies your requirements. For any query, feel free to write to me at badlaniassociates at Gmail.
Regards,
CA Hunny Badlani
Yes it would be required.
You can read this for more information: https://www.taxontips.com/gst-registration-for-freelancers-in-india/
If you need to have tax planning you can book consultation with experts at: https://www.taxontips.com/tax-notice-personal-consultation/
Hi, since you're involved in export of services, you can claim GST exemption. However, a GST registration and GST return filing will be required as per the provisions of the GST act. For more information, you may get in touch with us at +91 9811 896 771
CA Aditya Dhanuka 7 Jul 2021Dear Sir,
In reference to your query, please note that the requirement of GST registration and compliance is based on turnover.
In case of persons providing services, they need to register if their aggregate turnover exceeds Rs.20 lakh (for normal category states) and Rs.10 lakh (for special category states).
Since your aggregate turnover exceeds Rs. 20 Lakhs, you would be liable for registration under GST.
Your case seems to be fitting in and satisfying the criteria of export of service, and hence based on the information provided, you are hence not liable to pay GST.
However, this value would need to be included in computing your limit for registration, which is exceeding 20 Lakhs.
Therefore, though you would not be charging any GST, however you must take registration.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
H
Harshal Mohan Pawar
My Turnover is less than 20 Lacs and I have GST number. Am I supposed to pay GST? What facilities/exemption will I may get in this case?
Yes, since you are registered under GST, you would be liable to charge GST from your customers and remit the GST payable to the Government. Return filing compliances would also be required.
I hope that this answer satisfies your requirements. For any query, feel free to write to me at badlaniassociates at Gmail.
Regards,
CA Hunny Badlani
Yes after registration, you are supposed to charge GST from your customer and deposit the same with Govt. For GST compliance and more info can contact us at ca.roomi12@gmail.com or 9216216819
CA Rahul Dwivedi 29 Jun 2021As you are registered under GST you have to charge GST on your invoices, collect it and deposit it to the government A/c. You should file necessary GST return. As you are not statutorily required GST registration, it is better to surrender the same otherwise have to comply with the GST rules. For further quesry you can reach me on ca.rahuldwivedi@gmail.com or 9004485377
CA Naman Maloo 4 Jul 2021Once you have GST registration you need to pay GST and file GST return as well whether or not the turnover is below turnover limit.
CA Aditya Dhanuka 7 Jul 2021Dear Sir,
Since you have opted for registering under GST, you are now bound to comply with all the provisions, and if you have any supply which is taxable under GST, then you are law bound to pay taxes on the same, irrespective of the fact that your turnover is less than 20 Lakhs.
There are no specific facilities/ exemptions to persons voluntarily registered under GST.
Should you need any specific advise, please raise a new question.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
A
Aman
To sell pooja samagri(like rudrakash, tulsi mala etc) hsn number needed and on seeing on official website "any chapter" is mentioned under hsn number heading,please provide hsn number for same.
Dear Sir,
In reference to your query, the said items are not subject to tax, and therefore no HSN need to be quoted. The same need to be sold under Bill of Supply and not tax invoice.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
V
Vinitha
My doubt is that we was generated a service invoice to a client abroad , we already took LUT. So issue invoice with 0% igst. The client remit payment through a payment app. But they payment was hit to bank in INR. We already file gstr 1 return as export services including the former invoice. But while gstr 3b we are requested to pay igst of the same invoice@18%( because the payment received in the form INR). Client is outside india so they are not agreed to pay the gst portion. So we decided to pay the gst portion on the behalf of client.
Normally the entry for service is
Account receivable a/c dr
To output igst
To service income
Payment of igst
Output gst dr
To bank
I want to know the journal entry when the igst payment in case of services to the foreign client ( who makes pyment in INR) ,& we pay the gst instead of them.
Hi,
Your entry in this case would be as:
Account receivable A/c Dr
Sales Expense A/c Dr
To output IGST.....
To service income...
Please note that in your query, you have agreed to bear the GST liability, which would be a business expenditure, hence the same can be charged to PL.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
Have you consulted regarding this with your CA before offering GST on same?
You may book consultation online with expert for same to understand whether GST needs to be paid or not.
https://www.taxontips.com/tax-notice-personal-consultation/
S
Sumit
Sir,
My GST number is from Bihar. I am purchasing a TV on GST invoice from Amazon business website to resale it. I want to know, is it Mandatory for getting the item delivered to my GST registered address for ITC claim or I can bill it to my GST address and get it delivered in any state/city? Please help.
Dear Sir,
Pursuant to Section 10(1)(b) of the IGST Act, you can have the item delivered from your supplier directly to your buyer and the tax will be charged on the basis of your registered place of business, of which you can claim ITC.
Hence, it is not mandatory for getting the item delivered to your GST registered address for ITC claim and you can bill it to your GST address and get it delivered in any state/city.
Thanks & Regards,
CA Aditya Dhanuka
K
Karthik
GST on rent for commercial use- my tenant is insisting to provide GST invoice for rent collected though it is not more than the threshold limit of 20L per year.
What is the benefit my tenant will get if i raise GST invoice to collect rent?
According to the GST Act, renting out of an immovable property would be treated as a supply of services. GST, however, will be applicable only to certain types of rent such as:
When a property is given out on lease, rent, easement, or licensed to occupy
When any property is leased out (or let out) including a commercial, industrial, or residential property for business (either partly or wholly)
So if you are well below threshold limit of 20 lacks you don't have to issue a GST invoice.
If you will raised him GST invoice he'll book ITC for the GST part of the invoice and will further use it for paying his GST output liability.
For any other clarification or Querrey reach me at caharshittripathi@gmail.com or call at +91-9696059794.
Thanks & Regards.
GST is not applicable in case of renting of residential house however in case of commercial property GST is applicable provided it cross the threshold limit. In your case it is below the limit so no need to issue GST invoice. Alternatively you can give a declaration to your tenant regarding the same.
For further discussion you can reach us on carahuldwivedi@gmail.com or 9004485377
The tenant is insisting you to raise GST invoice so that he can claim ITC of the said GST paid to you and utilise it to set off his output liability, however he is missing a fundamental understanding that whether you raise a GST invoice or not, his cash flow will remain same, since if he pays you GST then he claim ITC to that amount, and if you are not charging GST, then his output will not be reduced to that extent and he has to pay that portion additional in cash. However in both scenarios, i.e. whether you raise a GST invoice or not, he will paying the same sum either to you or directly to the government, so his insistence does not carry much weight, provided your total value of supply during the year does not exceed INR 20 Lakhs.
Please note that your limit has to be seen from your total billing/receipt perspective and not from the view of billing done to each person.
Please advise in case of any further clarification.
Thanks & Regards,
CA Aditya Dhanuka.
M
Mayank Chandna
Hi. I want to open a sole proprietorship to sell books on Amazon (which are GST free). To sell under a firm name, I need to register as a proprietorship. However, no bank is ready to open a current account under the firm name without a GST. They say you can bring an MSME certificate as that will do. But in the MSME registration form, they ask for the bank details of the firm.
It is circular. A non-GST proprietorship can't open a current account without an MSME certificate. And without a current account under the name of the firm you can't get an MSME certificate. What is to be done first? I don't understand.
there is no requirement of obtaining GSTIN for opening a current account, so you may proceed with opening of your bank account first.
CA Stuti Shah 11 May 2021Try other bank there is no such compulsion on gst number
CA Puja Sharma 17 May 2021Technically speaking, MSME is only applicable for service providers and manufacturers. Traders have been keep out of its ambit. For more information and consultancy purpose, please connect with us at ca.pujasharma@outlook.com or +91 94615 28592
T&C applyDELHI
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Accounting/ Book keeping in Delhi
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KOLKATA
Direct Taxation in Kolkata
Indirect Taxation in Kolkata
Company Auditing in Kolkata
Intellectual Property in Kolkata
Business Incorporation in Kolkata
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Govt. Registrations and Licenses in Kolkata
MUMBAI
Direct Taxation in Mumbai
Indirect Taxation in Mumbai
Company Auditing in Mumbai
Intellectual Property in Mumbai
Business Incorporation in Mumbai
Accounting/ Book keeping in Mumbai
Govt. Registrations and Licenses in Mumbai
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