CA Naishadh trivedi
24 August 2018 at 11:45

Input tax credit on branch transfer

Dear Experts,

Our company is engaged in generation of electricity which is exempt from GST. One of our supplier from Tamil Nadu has shipped material at our Gujarat Unit and has issued of Rs 102 Crore (Basic - 86 Crore + 16 Crore GST). This material is required to be transferred to our Rajasthan Unit (our Branch). My questions are:
1) Whether Gujarat unit should raise invoice on 102 Crore or 86 Crore???
2) As final product i.e Electricity is exempt from GST, whether we can claim input tax credit???

Also provide relevant rules and sections in support of your answer. Thanks in advance


Sunil Pandya

Dear Expert
I want to know how to declare that invoice presented to custom authority under GST contains commission to be paid to overseas agent. I am diploma in export-import during excise and sales tax regime it was informed to me that it is not necessary to declare commission on invoice to buyer and even to customs, but on shipping bill and GR/SDF form rhe commission to be paid have to declare.

Now Under GST Only Invoice Cum Packinglist or Invoice+Packing List have to made, should same can be declared on covering letter to customs? giving detail that attached invoice contain commision to overseas agent?


I also want to know what is current rbi rule for maximum commission can be paid? 12.5% or 15% or more without any prior permision from RBI


I also want to know how to declare Present Market Value in GST Invoice? Is it Necessary?



rohit mundra

what is the step when central gst department is not changing mail id and phone no through offline application??? but it is generally done by state gst.


Sahina
23 August 2018 at 19:18

Fathers wealth while he is alive

Sir, 1.Can a muslim married daughter claim share in her father's wealth when he is alive? 2.Can a muslim married daughter can claim the right to stay in her parent's home if it is being changed to her widow sister's name from her parents' name? 3.Can a muslim father can change his property to one of his daughters without the knowledge of the other?

Read more at: https://www.caclubindia.com/experts/claim-on-father-s-self-aquired-wealth--2685364.asp


vijay kumar gupta
23 August 2018 at 19:14

Set off

Loss from commodity market at MCX can be set off against professional income



Anonymous
23 August 2018 at 18:51

Import export payments

Hello, I am a trader, my company Exports frozen food products to Vietnam and Hong Kong. My company branded products of other manufacturers, therefore I can’t export the product by myself, I only act as a middleman. The invoice and BL are raised by manufacturer directly in the name of buyer. This as a result both manufacturer and buyer come to know each other and consequently eliminate me in next transaction. I lose my customer and business. How can I avoid this buyer and manufacturer meeting.
I have two ideas, please suggest me with your advice:
1. Setup an offshore company in Hong Kong and then act as buyer to Indian company and then sell goods to further buyer.
2. Collect payment in my indian bank account and then I am not sure if I can pay indian company in USD.


swasti

A singapore based company (NR Company) holding some shares of an Indian company. Now it is selling these shares which are being bought by a seperate Indian company. Is there any liability of deducting TDS from the consideration paid for these shares? It is requested to the expert members to kindly give their suggestions / advice in the limelight of DTAA between India - Singapore. Article 13 of the treaty is reproduced for your kind perusal :

Article 13

CAPITAL GAINS

1. Gains derived by a resident of a Contracting State from the alienation of immovable property, referred to in Article 6, and situated in the other Contracting State may be taxed in that other State.

2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or together with the whole enterprise) or of such fixed base, may be taxed in that other State.

3. Gains from the alienation of ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft shall be taxable only in the Contracting State of which the alienator is a resident.

4. Gains from the alienation of shares of the capital stock of a company the property of which consists principally, directly or indirectly, of immovable property situated in a Contracting State may be taxed in that State.

5. Gains from the alienation of shares other than those mentioned in paragraph 4 in a company which is a resident of a Contracting State may be taxed in that State.

6. Gains from the alienation of any property other than that mentioned in paragraphs 1, 2, 3, 4 and 5 of this Article and paragraph 3(b) of Article 12 shall be taxable only in the Contracting State of which the alienator is a resident.


IT IS REQUESTED TO RESPECTED MEMBERS TO KINDLY ADVISE REGARDING THE MATTER AS IT IS URGENT


GANGADHARA RAO
23 August 2018 at 18:29

Income from other country

Sir please advise me, that our client got salary Rs 300000-00, from other country(Mexico) and 1040000-00 in India, his status is resident( 4months in other country and 8 months in India) at the time of filling the form 67, how to fill Article No. of DTAA, and Section 115JB /JC, please advise me..



Anonymous

SIR I HAVE PARTNERSHIP FIRM, MY TURNOVER WAS 68 LAKHS , BOOKS WERE NOT MAINTAINED AND I DECLARE INCOME 8% (544000) U/S 44AD IN FIRM IT RETURN

DOUBTS
1. WHEN I FILE MY PERSONAL IT RETURN HOW MUCH AMOUNT CAN I SHOW AS REMUNRATION AND INTEREST


Rajkumar Gutti
23 August 2018 at 17:08

Gst-r3b

WE ARE PURCHASED NEW MOTOR CAR ( JAGWAR )
GST ON MOTOR CAR IS NOT ALLOWABLE FOR INPUT CREDIT.
HENCE WE ARE NOT TAKING INPUT CREDIT.

MY QUESTION IS - IS ABOVE ITC ( GST ) TO MENTION MANDATORY
AS INELIGIBLE CREDIT IN GSTR-3B.RETURN = PLEASE GUIDE.

SOME TIME OUR INWARD SUPPLIES ARE -EXEMPTED, NIL RATED,
& FROM COMPOSITION DEALER.

MY QUESTION IS- IS ABOVE SUPPLIES VALUE TO MENTION MANDATORY
IN GSTR-3B RETURN= PLEASE GUIDE.

ABOVE INFORMATION PL.URGENT.

REGARDS
RAJKUMAR GUTTI






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