Tag Archives: GST FAQ

Eway Bill Penalty Provision under GST Act

By | May 6, 2018

Eway Bill penalty Provision under GST Act Eway bill is an electronically generated document mandatory, to be carried for movement of goods across India. It is necessary for the movement of goods worth more than Rs. 50,000 with some exceptions [ Read Rule 138 of CGST Rules ]. Eway bill penalty can be imposed by the GST officer… Read More »

E way Bill : Important Points

By | January 23, 2018

E way Bill : Important Points One Consignment : One Document : One E-waybill Multiple documents can not be clubbed to generate one e-way bill One Invoice  : Multiple Consignments with Multiple challans : Multiple E-way bills In case of SKD(semi  Knocked Down) /CKD (Completely knocked down) /Ship consignments, one invoice will result in making  … Read More »

GST on Transfer of Development Rights in property

By | January 20, 2018

GST on Transfer of Development Rights in property Notification will  be issued  for GST on following services w.e.f 25th January, 2018. To defer the liability to pay GST in case of TDR (Transfer of Development Rights)  against consideration in the form of construction service and on construction service against consideration in the form of TDR to… Read More »

GST on theatrical performances like Music, Dance, Drama, Orchestra , Folk or Classical Arts

By | January 20, 2018

GST on theatrical performances like Music, Dance, Drama, Orchestra , Folk or Classical Arts Notification will  be issued  for GST on following services w.e.f 25th January, 2018. To increase threshold limit for exemption under entry No. 80 of Notification No. 12/2017-C.T. (Rate) for all the theatrical performances like Music, Dance, Drama, Orchestra, Folk or Classical Arts and all… Read More »

Who will pay GST on renting of immovable property  by government or local authority

By | January 20, 2018

GST on Renting of immovable property  by government or local authority Notification will  be issued  for GST on following services w.e.f 25th January, 2018. To tax renting of immovable property  by government or local authority to a registered person under reverse Charge But renting of immovable property by government or local authority to un-registered person shall… Read More »

GST Rates on Services by casinos and race-course

By | January 20, 2018

GST  on Services by casinos and race-course GST Clarifications  : Notification /Circulars will  be issued  w.e.f  25th January, 2018. To clarify that  services by way of,- admission to entertainment events or access to amusement facilities including casinos, race-course ancillary services provided by casinos and race-course in relation to such admission. services given by race-course by way… Read More »

No GST on doctors/consultants Services to Hospitals, Foods to in-patients

By | January 20, 2018

GST on doctors/consultants Services to Hospitals &  Foods to in-patients Notification /Circulars will  be issued  w.e.f  25th January, 2018. To clarify that,- 1) Services provided by senior doctors/consultants/technicians hired by the hospitals, whether employees or not, are healthcare services which is exempt. 2) Hospitals also provide healthcare services. The entire amount charged by them from the… Read More »

GST Rates on leasing or rental service of Goods (with or without operator)

By | January 20, 2018

leasing or rental service of Goods (with or without operator) Notification /Circulars will  be issued  w.e.f  25th January, 2018.  To clarify that leasing or rental service, with or without operator, of goods, attracts same GST as supply of like goods involving transfer of title in the said goods. Therefore, the GST rate for the rental services of self-Propelled… Read More »

GST Registration Cancellation : voluntary registration and migrated taxpayer : Changes

By | January 20, 2018

GST Registration Cancellation : voluntary registration and migrated taxpayer : Changes GST Registration Cancellation Taxable persons who have obtained voluntary registration will now be permitted to apply for cancellation of registration even before the expiry of one year from the effective date of registration. For migrated taxpayers, the last date for filing FORM GST REG-29 for cancellation… Read More »

GSTR 1 Returns late Fees reduced

By | January 20, 2018

GST Returns late Fees reduced The late fee payable by any registered person for failure to furnish FORM GSTR-1 (supply details), FORM GSTR-5 (Non-resident taxable person) or FORM GSTR-5A (OIDAR) is being reduced to Rs 50 per day and shall be Rs 20 rupees per day for NIL filers. The late fee payable for failure to furnish FORM GSTR-6 (Input Service Distributor) shall… Read More »

Late GST Registration : Consequences

By | January 19, 2018

Late GST Registration I was liable to be registered in July 207. But I have not taken registration. For Late registration under GST, please clarify 1. whether penalty u/s 122(1) of need to pay in addition to tax and interest. 2.How to issue Invoices for period earlier than date of registration ? 3. whether I… Read More »

GST Compliance if converting from Proprietorship to Partnership

By | January 19, 2018

Proprietorship to Partnership We are converting from Proprietorship to Partnership. 1)What procedure we need to follow? 2)Whether our ITC will be eligible to be carried forwarded? 3)Any grey areas to be scrutinized? Persons liable for registration. Section 22 (3) of CGST Act 2017 :- “Where a business carried on by a taxable person registered under… Read More »

Place of Supply under GST : Rent a car service to foreign company in India

By | January 18, 2018

 I am running Rent a car/Passenger Transport service. A foreign rent a car operator is sending its customers to me for which 1.I will provide car rental service in Maharashtra and Bill the foreign based company. 2.I will provide them other Marketing services for which I will receive commission from the foreign based company.     … Read More »

ITC on Capitalization of Electrical Installation in office under GST

By | January 18, 2018

We are manufacturer and have done electrical installation in our office. The expense is capitalized in books of account. Whether ITC would be allowed? Section 17 of CGST Act 2017 5)……….., input tax credit shall not be available in respect of the following, namely:—           ………. (c) works contract services when supplied… Read More »

GST Registration : Place of Business if company stores goods in warehouse in India

By | January 17, 2018

A company incorporated outside India purchases goods of Rs 21 Lakh from a manufacturer in India and instructs that the goods be deposited with a warehouse-keeper in India. And then after some time, supplies the goods from the warehouse to a customer also within India. What should be the Place of business in GST Registration… Read More »

GST on Transfer of Assets to Employee

By | January 17, 2018

Is there any GST on Transfer of Laptop at concessional rate to employee for his personal use? The employer will have to pay taxes on the value of such assets irrespective of whether the credit is availed on such assets or not since this transaction will get covered under Sl No 2 of Schedule I… Read More »

GST on Notice Pay

By | January 17, 2018

Is there any GST on Notice Pay recovery from employees ? Employees who resign from their job are expected to serve notice period as mentioned in the employment contract. If the employee does not serve such notice period, the salary of the unserved portion of notice period is. retained by the employer Example : if… Read More »

Search under GST : Basic requirements to be observed during Search operations

By | January 16, 2018

What are the basic requirements to be observed during Search operations under GST? Ans. The following principles should be observed during  Search: No search of premises should be carried out without a valid search warrant issued by the proper officer. There should invariably be a lady officer accompanying the search team to residence. The officers… Read More »

Penalty if GST Collected but not paid to Govt

By | January 16, 2018

What happens if a person collects tax from another person but does not deposit the same with Government? Ans. It is mandatory to pay amount, collected from other person representing tax under this act, to the government. For any such amount not so paid, proper officer may issue SCN (show Cause Notice)  for recovery of… Read More »

Can refund be withheld by the GST department?

By | January 16, 2018

Can refund be withheld by the GST department? Yes, the proper officer can withhold refund of accumulated ITC under Section 54(3)  in the following circumstances: i. If the person has failed to furnish any return till he files such return; ii. If the registered taxable person is required to pay any tax, interest or penalty… Read More »

GST Audit : Can the Taxpayer see Audit Report

By | January 15, 2018

What would be the action by the proper officer upon conclusion of the audit under GST? Audit by Department The proper officer shall, on conclusion of audit, within 30 days inform the taxable person about his findings, reasons for findings and the taxable person’s rights and obligations in respect of such findings. [ Section 65(6)… Read More »

GST levy on rental income of Charitable entity

By | January 15, 2018

 If Charitable religious entity ( registered under Section 12AA of Income Tax act  ) Receive rental income from building not situated within premises. Will it be liable for GST ? There is NIL GST on the following Services by a person by way of— (b) renting of precincts of a religious place meant for general public,… Read More »

GST on Scrap generated during Job Work

By | January 14, 2018

A Registered  dealer sent some goods for processing to a job worker. The realizable waste was generated at the time of processing. The waste were sold by the job worker. Who is liable to prepare invoice, a dealer or a job worker? Is dealer permitted to allow job worker to sell the waste and prepare… Read More »

GST on Security Service by Govt to Govt Authority

By | January 13, 2018

The Central Government provides Security service to a government authority, whether such services shall be taxable  under  GST ? There is NIL GST on Following Services :- Services by the Central Government, State Government, Union territory or local authority excluding the following services— (a) services by the Department of Posts by way of speed post, express… Read More »

GST ITC on Repair of Building

By | January 13, 2018

Can a company can take/avail credit on repairs of building which is in the nature of work contract. Account Head debited in its Profit and Loss book is Building Repair ? Section 17 (5) of CGST Act 2017  ….. , input tax credit shall not be available in respect of the following, namely: …. (d) goods… Read More »

GST ITC on Train Ticket

By | January 13, 2018

Can a company can take ITC (Input Tax Credit) on IRCTC tickets when the company is sending its employees to official tour purpose ? Section 16. (1) of CGST Act 2017 :  Every registered person shall, subject to such conditions and restric- tions as may be prescribed and in the manner specified in section 49, be… Read More »

GST on Car Sale and Car Repair Services

By | January 12, 2018

We are authorised CAR dealer and our showroom is located in Surat, [Gujarat]. We sale car and provide car repair service. Our customers belong to Daman & Silvassa (Daman & Silvassa are Union Territories). 1.Place of Supply for Sale of Car if customer address is of Daman & Silvassa ? 2.Place of Supply for Repairs… Read More »

Can a Regular employee signed GST Tax Invoice.

By | January 12, 2018

Can a Regular employee signed the Tax Invoice. If the same person not authorized under GST Registration form ? Rule 46 of CGST Rules ……a tax invoice referred to in section 31 shall be issued by the registered person containing the following particulars, namely,— …… (q) signature or digital signature of the supplier or his authorised… Read More »