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.

I FILED 3B FOR JULY 2018. AFTER FILED I FIND I MADE A MISTAKE IN ITC ACUALLY ITC CLAIM OF RS.1000 (IGST) WAS WRONLY CLAIMED IN CGST (RS.500) AND SGST(RS.500) AND IN IGST IT WAS NOT TAKEN. AND PAID THE BALANCE TAX LIABILITY. NOW MY QUESTION IS WHETHER I NEEDED TO REVERSE IT IN AUGUST 3B AND TAKE IGST IN AUGUST 3B. AFTER THIS EFFECT MY AUGUST MONTH GST LIABILITY WILL NOT CHANGE BECAUSE 1000 REVERESED ADDED TO LIABILITY AND 1000 IGST TAKEN AGAIN REDUCING FROM LIABILITY. SO WETHER I WANT TO REVERSE THE WRONG VALUES OR TREAT THE CORRECT VALUES IN LATER GSTR 2?

Hey Everyone

There is a company named XYZ. At the time of Audit it is observed that, company has shown nil rated taxable supplies both in the bill wise details i.e. b2b sales(Table 4) and Nil rated supplies i.e. Table 8. It thus resulted into doubling of total turnover.
What correction step can now be taken?

can i claim input on lorry purchased for transportation of goods to client place
a ) if i am mandap keeper business
b ) if i am retailer of cement business

Dear Experts

I hold some Equity share as Investment in my books of Account as on 31-3-17, now in FY 17-18 I have profit from the Selling those stock and other income also.

If I want to go STCG then Tax liability is much.
So my Consultant suggest that we will Consider these stock as Business Income.

So my question is that, is this proper as Income Tax ?

can we consider stock of Equtiy Share holding as investment.

Any valuation change as on 1-4-17 or Invest price.

Kindly do the advice me.

DIR 3 KYC

1. what is difference between nationality and citizenship...?

2. if person is born in india, his nationality is indian even if he is holding foreign citizenship...?

3. A person having Overseas citizenship of india (OCI) card is considered as citizen of india...?

4. only in case of foreign nationals documents needs to be apostilled...? rest in all other cases self attestion is sufficient ...?

I am trying to register a DSC in MCA portal under 'authorised representative'.
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'.
Please help.

Company has to pay freight charges to transporter, but the transporter insisting company to pay directly to the truck owner and that too without deducting TDS as truck owner are giving declaration that they own less than 10 goods carriage.

Should the company deduct TDS or not?

Dear Experts,
We have purchased the goods from our nearby vendor and we have also availed the ITC thereof. However the invoice amount was above 50000/- but vendor has not generated the e way bill also we had not look at the same. But now it's came in our notice pls let me know what should I do.....

Thank & Regards
Amol Jain