Dear Expert,

While filing GSTR-3B for Nov-17, we have wrongly charged GST to a party who was registered as SEZ tax payer and obtained GST certificate as SEZ unit. We have filed the GSTR-3B and paid the GST accordingly. But while filing the GSTR-1, the system did not accept those invoices raised on the SEZ tax payer. After contacting the GST Help desk, we were told that we should not charge GST on these invoices. Hence, we uploaded the GSTR-1 after removing the GST amount.

My query is whether the excess GST amount paid in cash or adjusted with Input will be adjustable with current GST returns or not. What will be treatment to match the GST ledgers with books??

Thanking you in advance
Vinod Kumar Shukla
9167230106

Dear sir i had one query a BHMS professional we are providing clinical research to hospital and pharma company taking assignment from pharma company and perform research activity at hospital so GST is applicable at My service / second thing is any GST liablility on hospital end or on Pharma company ? my present Turn over is 12 lakh might be reached at 60 lakh up to march give guidance thank you

Dear Sir,

can we take the exemption of HRA & Exemption of Interest on house loan together.

I have purchased house in the name of wife name and loan is in the name of myself and according paying interest on loan. On the other hand, i am paying rent to my wife.

Please advise.

Thank you
Regards,
Chirag

I tried to register a DSC in MCA portal under 'authorised representative' on 13 th
September, 2018 . I need this registration to incorporate a Pvt Ltd company wherein
the two subscribers to the MOA/AOA have no DIN. But the registration failed and an
error message appeared as 'Instance belonging to object type Business Partner PS
could not be created'. Hosted grievance in MCA portal, raised query in this site as
well as in PDICAI site. No response so far.

So I tried once again this morning. Surprisingly, another message ( instead of the
one appeared on 13 th September, 2018) which reads as follows.
'Income tax PAN details do not exist in the system'

Solution sought from the members.

Name of the Post : Accounts Executive
Qualification : B.Com, M.Com, CA Article, CA Inter, CMA Inter , CS Inter
Experience : 2 - 5 Years
No. of Post : 5 to 10
Salary : Rs.10000 to 20000
Job Description:
Accounts
Finance
Taxation
ROC
Tax audit
Statutory Audit
GST
Tally etc.,
Mail id : spantaxconsultants@gmail.com
Please contact : 99000 54424

What are the basic requirements to start a short term insurance business

What are the Tax implications on Conversion of Proprietary Business into Partnership of the same Proprietor?

Facts:- Mr.Mohit Kumar is the Proprietor of Mohit Construction Co. and now he is converting his Proprietor business into Mohit Construction Co., as a partner along with his Son Rahul with a capital Introduction of Rs 75000 and RS25000 Respectively.

PSR is 50:50.

Dear Sir,
My Assesee have capital gain from land in Feb 2018. But he want to take exemption of bond purchase u/s 54ec. But he will purchase bonds in aug 2018 .The validity period purchase of bond is 6 month. but as per sec 139 he has required to fill ITR before 31.07.2018 . In such situation can assesse claim exemption u/s 54 ec or have to pay tax on such capital gain or he should file belated ITR by paying late fee (234F) ?
Please resolve this above problem

Dear Sir,
I just want to clarify my query- I the purchaser have rejected the waybill of seller for invoice no. lets say as 100, again the supplier cancelled the waybill generated by him and prepared the correct waybill for invoice no.100. Can i take the bill no.100.

I am a manufacturer's distributor for a commodity (processed fruit product) that was taxable under VAT regime.

During GST transition, the Manufacturer misclassified it under HSN 0801 as NIL rated and gave us Inter state supplies.

I informed them correct HSN was 2008 with GST 12% and gave several reasoning & evidences for the same. Similar product manufactured by larger companies and Importer’s HSN of product in Customs records supported my view. But manufacturer did not agree.

I sought advice from State GST officials who after examining the product, packaging, ingredients and a cursory glance of schedule, verbally informed that:
a) this was clear misclassification.
b) asked me to suggest the manufacturer to seek an AAR ruling

I also enquired if I could switch HSN from 0801 to 2008 and issue invoice for this commodity @12% GST.

They verbally informed me that I cannot change the HSN and invoice this commodity, because then I will have accumulated stocks under HSN 0801 and sales with unaccounted purchases for HSN 2008, but did not offer me any other solution.

Hence I adopted supplier's HSN and invoiced at NIL rate.

Points a & b were relayed to Manufacturer in writing.

Manufacturer informed us in writing that they have verbally discussed it with Central Excise, State VAT and based on their CA's opinion they will continue on same HSN @ Nil rate.

I stopped all purchases from this Manufacturer in Dec 17 and liquidated stocks within FY-1718.

I am of the opinion that:
i) my supplier's liability is a matter for their jurisdictional officer in their state to assess.
ii) my liability is forward charge based and will be assessed in my state by my jurisdictional officer.
iii) Nil GST charged by supplier cannot be a defence for not collecting GST from recipients.
iv) I should pay the tax & interest on these supplies for FY 1718 and avoid penalty and litigation.

I met Anti evasion team officials of my CGST Commissionerate recently for this issue and they suggested
A) Issue supplementary Invoices for FY 1718
B) Give a representation to my SGST Commissioner with Copy to CGST Commissioner explaining the issue, as a defence for any future events.

Now my queries:
1) Is my opinion/stance in points i), ii), iii) and iv) above correct?
2) Is supplementary invoice the correct way to remedy the situation?
3) What HSN do i adopt for issue of supplementary invoices?
4) What will be the issue date of such Supplementary invoices? Original invoice date or current date?
5) Do I need to raise individual supplementary invoices for B2C (small) supplies as well?
6) My price to my B2B customers was rate including tax & delivery and I feel they will refuse to pay me the tax.
What steps could you suggest to recover tax?

Please guide me.