This Query has 1 replies
Sale of Digital painting is sale of goods or sale of services where only a photo is created with the help of some softwares and created photo is sent through internet. And what if this sale is outside India. Is it a export of service or goods?
This Query has 3 replies
Sir, Issued Invoices during May,2023. No e-way bill raised, because no movement of goods, only repairing charges. May I cancel the said bills during filing of December,2023 GSTR ?
This Query has 1 replies
Goods exported with Payment of IGST - invoice was wrongly uploaded as Without Payment of Tax in August GSTR1. The same was amended to Exports with Payment in October GSTR1. However, we have not received the refund yet. Validation status showing SB004, but invoices not showing in IGST sanction status. How to go about getting the refund?
This Query has 5 replies
Is there any provision or case law for a Regular taxpayer to opt Forward charge mechanism for residential property rented to a registered person.
This Query has 1 replies
Dear Sir,
We have to sell old/used trucks. What will be the GST liability on sale of old/used trucks ?
Is it 18%
or
is it 28%
This Query has 1 replies
Works contractor received a cheque from government against contract value . But they will not give any invoice . Now who will raise invoice in this case ? Contractor or Department? And is it B2B or B2C
This Query has 1 replies
I HAVE IGST CREDIT IN ELECTRONIC CREDIT LEDGER AND IN DEC-23 I HAVE LIABILITY OF SGST.
I WANTS TO KNOW THAT CAN I ADJUST MY IGST CREDIT AGAINST SGST LIABILITY ?
This Query has 2 replies
What is the time limit to file appeal against the order of cancellation of Gst Number
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Facts : A Lady Doctor (Dentist) in Delhi stays at “X” Location and has gross annual receipts from her profession clinic in Delhi state at “Y” Location of Rs. 15 Lakhs. Apart from this, she receives rent of 24 Lakhs p.a. from letting on hire her commercial property in Uttar Pradesh.
Q: Whether she is liable to take registration under GST in Delhi (Location “X’ or “Y”) / Uttar Pradesh only / Both the states separately?
Q : Can she take registration in U.P state only and do all the compliances of GST without touching upon her clinic’s (Health Care Service) income from Delhi ?
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Are post sale discounts/incentives received through financial credit notes for prompt payment, target based discounts etc taxable under the hands of dealers who receive them?
Can it be treated as support service for enhancing the sales of the supplier and can the discount or incentive received be treated as consideration for the said support service?
The types of discounts or incentives are cash discounts, target based discounts, discounts for prompt payments etc. I have a view that these are not liable to be taxed at the hands of the recipient of the discount. However, if gst is being demanded on the said amounts on the grounds that
As per Section 2(17) "business" includes -
(a) any trade, commerce, manufacture, profession, vocation, adventure, wager or any other similar activity, whether or not it is for a pecuniary benefit;
(b) any activity or transaction in connection with or incidental or ancillary to sub-clause (a);
As per Section 2 (102) of the CGST Act,2017 "services" means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged;
As per Section 2(31) of CGST Act, 2017 "consideration" in relation to the supply of goods or services or both includes-
(a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government;
(b) the monetary value of any act or forbearance, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government:
In this case, these incentives are treated as consideration from suppliers for enhancing the volume of sales in the furtherance of their business. Such activity/transaction effected in the course or furtherance of business is a supply of service under Section 7 of the CGST Act.
The nature of the above activity is classifiable under support services related to promotion of trading by receiving payment as an inducement for supply of goods in the course or furtherance of their business. As per Entry No. 453 of the Annexure to the Notification No. 11/2017 CT (Rate) dated 28.06.2017 the services is classified under 998599 as ‘other support services nowhere else classified’ and attracts 18% of GST.
Is this acceptable? What are strong grounds to clearly object this demand?
25 Hours GST Scrutiny of Return and Notice Handling(With Recording)
Survey, Search and Seizure under Income Tax Act 1961
Digital Painting