Easy Office
Easy Office


S. RAVICHANDRAN

One of our client applied refund on export of services without payment of IGST. The GST Authorities issued deficieny memo after 45 days for four ARNs. Now we are unable to file again the refund for the same periods due to the following messages displays while initiated to file the refund application.
Error : Deficiency Memo (GST RFD-03) has been issued for previous period/s. Please file refund application for previous period/s before filing for the selected period.

Please let me know how to solve the problem.




Answer now

CA Ritu Chauhan
06 August 2024 at 12:25

Section 80JJAA in second & third year

A Company claimed deduction u/s 80JJAA in the AY 2023-24 after fulfilling all the conditions specified u/s 80JJAA. In AY 2024-25, the company has hired new employees but total number of employees as on 31.03.2024 is less than that as on 31.03.2023 because many employees have left the company. Whether the company can claim deduction u/s 80JJAA for the second & third year for employees joined in FY 2022-23 & 2021-22 respectively?
Also, for second & third year, for calculating the amount of deduction, whether increment in the salary need to be taken into account or the deduction should be same for all 3 years?

Answer now

Joseph mathew

I have income from YouTube (AdSense) for the FY 2023-24. I do have GST registration, but I did not show my YouTube income in GSTR-1. How do I rectify this? Does the payment from YouTube include GST, or do I have to pay the GST myself? How do I raise an invoice for this type of income?

Answer now

DEVI SINGH PARIHAR
06 August 2024 at 12:25

Income u/s 44AE

Income Tax Query: In case of transporter who declare income u/s 44AE having a Truck-Trailer and on R.C. of vehicle laden/Unladen wt.(Kg.) 55000/15070 kg. is mentioned and GVW is not mentioned on R.C. so on which weight income u/s 44AE is to be calculate on 55 ton /15 ton. (55 Ton x 1000/- p.m. or 15 Ton x 1000/- p.m.)

Answer now

Amit Kr Mishra

This might sound very stupid question to ask but it underlines two primary concerns:
1. GST Department never waives tax liability once instated, sooner or later, they are to be paid
2. When such liabilities are recovered, does govt allow the related ITC to be claimed by the customers of the defaulting suppliers.
3. ABC Co bought goods from XYZ Co vide invoice dated 30.03.2022. As the later did not file its returns and did not pay the taxes, ABC Co couldn't claim ITC by 30.09.2022 for the said invoice. However, in July 2024 XYZ Co has paid all its taxes and filed the returns, will ABC Co be albe to claim ITC now? May be not. But CAN ABC Co, on the basis of the fact that XYZ Co is a defaulter, claim the GST Back from XYZ Co in a legal manner backed by GST Act.
4. Is there any measure in GST Act to safeguard the interests of the buyers so that they do not suffer from such ITC Losses

Please help

Answer now

Somnath

Dear All
In what situation GST RCM rule is applicable in case of GST registered party for following type of payments ?

(1) Commission claimed by unregister person or Pvt Ltd company
(2) Professional Fees claimed by unregister person or Pvt Ltd company

In above cases TDS rule applicable ?

Regards

S Mallick

Answer now

YELLANKI RATHNAGIRI

Mr. X is Land Lord, individual and having Land 1000 Sq Yrds

Mx. Y is Builder

They entered in to JDA (ratio 60:40)
Total 10 flats (6 flats for Land Lord and 4 flats for Builder)

Capital Gain Tax Calculation (after completion Certificate)
FCV 6 Flats * 10 lakhs (SDV value) =60,00,000
Land (40% )Acquisition 3,90,000*348/100=13,57,200
Long term Capital Gain= 46,42,800

Here my doubts:
here Stamp Duty Value means flat construction cost and land (undivided Share) cost
Can we reduce land cost from this SDV Value to take FCV value because here in my opinion construction value is only out consideration. 60% land was hold with us as undivided share.

if not why shouldn’t be reduce land cost?

Please give reply

Thank you

Answer now

Manoj Chauhan

Dear Sir/Madam,

"A" sells goods to "B" company. The sale invoice contains freight charges.
GST is applied on whole of the amount (Basic + Freight charges)
Freight service was availed by "A" from "C" company.
"B" company makes payment to "A".
Now, "A" is required to make payment to "C" (freight service provider).
My question is: Whether "GST" would again be applicable (by RCM method) between the transaction of "A" and "C".

Answer now

Kamal Pal

Dear Experts, We are based out of Gurugram, looking forward for service of merger between two small scale company.
1. Both having same ownership/ shareholding.
2. Holding company do not run business and all compliances are being maintained.
3. Subsidiary company have business of business consulting services only and is in the business (turnover less then 2 cr. in preceeding 5 years)
4. Holding company owns over 86% of shareholding in subsidiary company.

We are interested in fast track merger between the two and want to know the time and professional fee (other then govt. chg. exp.) will be for the purpose.

Interested member, please leave your link of your profile where we can reach you by phone or email.

Answer now

Pallavi Agrawal
27 June 2024 at 21:10

TDS demand due to overbooked challan

I have received demand from income tax department due to one challan as overbooked.
There were total three challans in the return. Out of which two are matched and consumed and one is mentioned as overbooked. However I have entered all the details of the challan correctly. Can someone please guide how to deal with this demand

Answer now