GST FAQ’s -3

By | August 21, 2018
(Last Updated On: August 21, 2018)

GST FAQ’s -3

Q1 by Boby Kumar  yadi shop ka insurance hua hai to kya uska input le sakte hai
Answer : yes. you can take ITC. As this is not restricted under Section 17(5) of CGST Act. and Section 16 of GST Act
Q2 by Dharmender Saini:I am a registered govt contractor and I worked for making roads. My bill is made by govt J.e. So will I get gst on my bills by govt. Please tell me
Govt JE only certifiy the quantity and work done. You have to charge GST and raise bill.
on some Govt Work Contract there is Exemption from GST . Pls Consult GST consultant to raise Bill
Q3 by Nizam Mondal:In a normal case we can claim refund of cash balance which deposit through challan but not filed it can be cgst sgst instead of igst or vice versa but in my case I already filed by utilizing cash in cgst and sgst instead of igst? What should be the procedure to claim refund?

 You have to pay Correct IGST amount and the tax you have paid wronlgy in CGST and SGST will be refunded as per section

Tax wrongfully collected and paid to Central Government or State Government.

 77. (1) A registered person who has paid the Central tax and State tax or, as the case may be, the central tax and the Union territory tax on a transaction considered by him to be an intra-State supply, but which is subsequently held to be an inter-State supply, shall be refunded the amount of taxes so paid in such manner and subject to such conditions as may be prescribed.

(2) A registered person who has paid integrated tax on a transaction considered by him to be an inter-State supply, but which is subsequently held to be an intra-State supply, shall not be required to pay any interest on the amount of Central tax and State tax or, as the case may be, the Central tax and the Union territory tax payable.

file an application electronically in FORM GST RFD-01 (statement -6) . as per  . Rule 89(2)(j) of CGST Act Application for refund of tax, interest, penalty, fees or any other amount

a statement showing the details of transactions considered as intra-State supply but which is subsequently held to be inter-State supply;

 

Paras sharma :I am jeweller from Punjab Can I carry jewellery to Uttarpradesh on delivery challan basis
Refer Rule 55 of CGST Rules 2017
(4) Where the goods being transported are for the purpose of supply to the recipient but the tax invoice could not be issued at the time of removal of goods for the purpose of supply, the supplier shall issue a tax invoice after delivery of goods.
Since You may be carrying goods for sale on approval basis . you should carry invoice copy with you. As soon as supply is made you should issue Invoice
Q4 by Bharat KhubchandaniExcess paid in gstr3b return. sgst and cgst.paid 18% instead of 12% . GSTR 3B return was filed.At the time of quartely GSTR 1 the mistake was rectified and correct 12% gst was applied in GSTR 1. Now how can i recover excess paid in GSTR 3B from my credit ledger.
Answer . The Taxes once charged in the invoice are to be paid to the Govt.
If the Taxes are charged in Excess, then Credit Note has to be raised .
which will be filed in GSTR 3b and GSTR 1 he return for the month during which such credit note has been issued but not later than September following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return, whichever is earlier, [ Section 34 of CGST Act 2017)
Dharmesh Gupta : CAN A COMPOSISITION REGISTERD PERSON BUY FROM UNREGISTERED PERSON AS RCM IS SUSPENDED AT PRESENT?
Answer Yes.
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