satish kumar Chauhan
24 November 2023 at 07:58

GSTR-9 TABLE 6 difference

Dear Experts

The differnce of ITC claimed in 3B and ITC Break up is equal to ITC reversed in 3B under table 4 B(1 & 2), as we claimed the ITC in Table 4 A(5) as auto populated figure + ITC reveres in previous month under table 4b (2)

In this situation what is the best solution to fill the Table 6 of GSTR-9.

thanks in advance for early reply


Maruti Prasad
23 November 2023 at 19:52

GSTR 9 Part III S.No.8C

Even if the invoice is in the month of February for FY 2021-22, ITC in GSTR 2B is Rs. 8,450/ was not taken as ITC should not be taken as it was not received. That ITC FY 2022-23 in the month of April 2B Rs. 8,450/ so we claimed input.

FY 2021-22 Annual Return 9 Part III S.No.8C in Rs. 8,450/ shown as less ITC claimed. That means lower ITC is shown in 3B than ITC in 8A/2A.

But in FY 2022-23 Annual Return 9 Part III S.No.8C Rs. 8,450/ shows a negative balance. In this, if there is a negative balance, notices are coming from the department to make payment.

Can you kindly tell me what is the solution?


Salahudheen KM

Bed costing 60 riyal (RS. 1320) Purchase to staff accommodation provided by company itself (on rent) for new staff. How is the accounting treatment of the same.


PRASHANT JAGTAP
23 November 2023 at 18:12

Taxability of third party ipo application

Suppose Mr. A have given his money to his friend Mr. B for ipo application on codition that Mr. B will return entire sale proceed to Mr A after deducting some commission, then capital gain is taxable in whose hands? and if capital gain is taxble in Mr B's hand then does the sale proceed received by Mr A is taxable or expemt ?


MMJ Rao

(1) I have purchased residential Flat through a Sale Deed dated 05 Oct 2023

(2) Builder entered into a “Development Agreement with General Power of ” with Land Owner for “Construction of a Multi storied building”

(3) Occupancy Certificate dated 16-08-2023 received,

(4) The said flat was purchased on 05 Oct 23 after receipt of the Occupancy Certificate dated 16 Aug 23.

(5) Builder is stating that as per Notification No. 4/2019 – Central Tax (rate) on 29th March 2019 which added fresh entries 41A & 41B to the Notification No. 12/2017 – Central tax (Rate) 28.06.2017 as per which Builder is liable to pay GST under Reverse Charge basis on Transfer of development rights which is applicable on sft sold even after obtaining Occupancy certificate.

(6) On a plain reading of the Act, the above sale is exempted and GST is not payable as per Para 5 of Schedule III and Clause (b) of Para 5 of Schedule II. Fresh Entries vide Sl.No.41A & 41B added to Table vide Notification No.4/2019 dated 29 March 2019 also exempted the above sale. But Builder is still insisting for payment of GST.





I, therefore, request your good self to kindly issue me the following clarifications:

(i) Whether GST is liable to be paid or not on the above residential flat purchased after receipt of Completion/Occupancy Certificate.

(ii) If need to be paid, Pl. specify the amount to be paid.

(iii) If GST is payable under reverse charge basis as per entries 41 A & 41 B of above Notification as stated by Builder, what is the status of exemptions allowed as per Para 5 of Schedule III and Clause (b) of Para 5 of Schedule II.

Thabking you


Karan Kapoor
25 November 2023 at 17:01

Sales through Amazon out side India

My question is regarding export, which is done to e-commerce operators. For example, I have taken a warehouse from Amazon and they charge us for it.
The problem is what is considered a sale. See below points -
1. When we send goods to another country, should it be sent at cost and considered as stock transfer, and whenever goods are sold from Amazon warehouse, then it should be considered as sale?
2. Or when we send goods out of India, it should be considered as export at that time. And show in GST Return as Export.
If we follow the first point, then some questions arises that how will we book the sales happening abroad (for example - the goods came out of the warehouse in the US and were sold to a customer in the US) in India? Will you book export sales every time? Will this be okay? If not then what should be the treatment in books?
And if we follow the second point then we will have to export the goods at MRP. By doing this, according to FEMA's ruling, payment should be received from abroad within 9 months. But payment will be received only when the goods are sold there.

Please provide guidance and share any circular of ruling upon it.
Thank You


Suresh S. Tejwani
23 November 2023 at 16:36

REGARDING DEFECTIVE RETURN U/S 139(9)

IF THE ASSESSE HAS ONLY SALARY AND OTHER SOURCE INCOME AND ASSESSE HAS FILED ITR - 1 BUT IN 26AS TDS HAS DUDUCTED U/S 194NF FOR CASH WITHDRAWAL
THEN DEPARTMENT HAS ISSUED NOTICE U/S 139(9) FOR HAVING LOWER TURNOVER THEN 26AS , NOW SUCH RETURN IS TO BE REVISED AND SUCH CASH WITHDRAWAL IS TO BE TREATED IN WHICH SOURCE OF INCOME?


kowsalya
23 November 2023 at 13:50

Section 148 of the income tax act

The assessee has received the notice under section 148 in March 2023 towards capital gains of Rs.69L and failed to file the income tax return for the AY 2016-17.
Kindly clarify the validity of notice u/s 148 if after taking the indexed cost of acquisition the capital gains amounts to Rs.30 Lakhs(< Rs.50 Lakhs). Is it time barred or not.
Kindly resolve.

Thanks in Advance


S. RAVICHANDRAN
23 November 2023 at 11:06

INPUT CREDIT NON PAYMENT WITHIN 180 DAYS

The payment for the suppliers not made within 180 days as per the GST Act for the FY 2017-18 and 2018-19. The payments were made after 180 days. Now the Audit officers issued the SCN to reversal of ITC for the non payment of suppliers within 180 days. But the payments already paid after 180 days (within 240 days). As on date there is no pending for the said years.
Please let me know if reversed the ITC for non payment within 180 days and the same is eligible for recredit after made the payment to suppliers.
Please clarify


Suresh S. Tejwani
22 November 2023 at 17:10

Regarding to gst retun query

Whether Turnover of March-2023 is updated in GSTR-3B for the month of november-2023 (due date 20th december-2023)?