Easy Office
LCI Learning


harshit darji
23 November 2019 at 15:07

Income tax on immigration tax consultancy

if the is gross receipt is 25,00,000 in saving account and running immigration consultancy.. how to do taxation.. can i show 8% profit as per 44ad or give other way to save tax


T.M.Prabu
23 November 2019 at 14:23

Section - 80ddb

Dear sir/mam
i m a cancer patient then i have aged below 60 years so i have spent money for 253000 for my medical expenses for the year of 2016 - 17. can claim the deduction under section 80ddb of income tax act assessment year 2017 - 18?


Trapti Nahar
23 November 2019 at 14:22

Rectification

Sir,
I have a religious temple which is not registered in 12AA upto 1 April 2019.Trust filed ITR7 and received notice u/s143(1)a as intimation for demand adjustment and by mistake instead of disagree the option agree is selected and response submitted. CPC RAISES DEMAND NOW WHAT SHOULD I DO?


Jayesh shah

we are registered under CGST Act since 01-07-2017 against CGST Authority and providing Electroplating and Nickel Platting services where we receives the goods from the party and we make process on the same and then we return the same goods to concern party.
In such process, neither new product is generated noris the product with new distinct name and market not being generated.
There is confusion weatherour service will fall under (id) or Sr no ii of the list. With our humble belief, our service will fall under (id) Services by way of job work other than (i) (ia) (ib) (ic) above. The reason of our belief is as follows.
1. Point (ii) covers manufacturing services on physical inputs (goods) owned by others, other than (i) above. The definition of manufacturing services are not defined in CGST Act. However, the “manufacturing” word has been passed through various jurisprudent pronouncement and various tests in erstwhile law.
As per section 2(f) of Central Excise Act, 1994, manufacture includes any process
i) Incidental or ancillary to the completion of manufactured product And
ii) Which is specified in relation to any goods in the section or chapter notes of the 1st Schedule to the Cenral Excise Tariff Act, 1985 (CETA), as amounting to manufacture (deemed manufacture) OR
iii) Which in relation to the goods specified 3rd Shedcule of CETA involves packing or repacking of such goods in a unit container or labeling or relabeling of containers including declaration or alteration or alteration of retail sale price on it or adoption of any other treatment on the goods to tender the product marketable to the consumer.
Circular 927/17/2010-CX dated 24-June-2010 in its point no 3 clearly indicates that ….. 3. For a process to amount to manufacture under Section 2f of the Central Excise Act, 1944, the process undertaken should result in emergence of commodity having different name, character and use. Since in the present case no new product emerges as a result of the process of pickling it will not amount to manufacture…..
By reading of above circular and jurisdiction pronouncement it is clear that the activity or process can be manufacture only when it produce different name, character and use.
2. Definition of Job work: As per section 2(68),Job work means any treatment or process undertaken by a person on goods belonging to another registered person and the expression “job worker” shall be construed accordingly.
3. Electroplating Service: Definition of Electroplating Service is not provided in GST Act.
As per Wikipedia:” Electroplating is a process that uses an electric current to reduce dissolved metal cations so that they form a thin coherent metal coating on an electrode. The term is also used for electrical oxidation of anions on to a solid substrate, as in the formation of silver chloride on silver wire to make silver/silver-chloride electrodes. Electroplating is primarily used to change the surface properties of an object (such as abrasion and wear resistance, corrosion protection, lubricity, aesthetic qualities), but may also be used to build up thickness on undersized parts or to form objects by electroforming”
Here, In Lehman language, we can say that the electroplating will put a coating on an electrode. Hence, this process will not result in any product with distinct name of characteristics. It does not change and characteristics of the product. And hence, it does not amount to manufacture.
With the above discussion and reasons we believe that the process will be job work process which does not amount to manufacture and hence, it will be levied at 6% under (id) of 26 Sr no. of Notification.
Here, In Lehman language, we can say that the electroplating will put a coating on an electrode. Hence, this process will not result in any product with distinct name of characteristics. It does not change and characteristics of the product. And hence, it does not amount to manufacture.
With the above discussion and reasons we believe that the process will be job work process which does not amount to manufacture and hence, it will be levied at 6% under (id) of 26 Sr no. of Notification.
Here, In Lehman language, we can say that the electroplating will put a coating on an electrode. Hence, this process will not result in any product with distinct name of characteristics. It does not change and characteristics of the product. And hence, it does not amount to manufacture.
Here, In Lehman language, we can say that the electroplating will put a coating on an electrode. Hence, this process will not result in any product with distinct name of characteristics. It does not change and characteristics of the product. And hence, it does not amount to manufacture.

With the above discussion and reasons we believe that the process will be job work process which does not amount to manufacture and hence, it will be levied at 6% under (id) of 26 Sr no. of Notification.



With the above discussion and reasons we believe that the process will be job work process which does not amount to manufacture and hence, it will be levied at 6% under (id) of 26 Sr no. of Notification.

Here, In Lehman language, we can say that the electroplating will put a coating on an electrode. Hence, this process will not result in any product with distinct name of characteristics. It does not change and characteristics of the product. And hence, it does not amount to manufacture.
With the above discussion and reasons we believe that the process will be job work process which does not amount to manufacture and hence, it will be levied at 6% under (id) of 26 Sr no. of Notification.




Shri Vathsa
23 November 2019 at 11:24

Cash receipt

Can a third party directly deposit an amount exceeding Rs. 2,00,000 into my account? What is the ceiling for direct cash deposits?
• In case he transfers directly from his account –
• In case he deposits directly to my account –


A.S.SUNDARARAJANpro badge
23 November 2019 at 11:10

Eligibility of GST ITC credit

We request expert opinion regarding eligibility for GST ITC credit for the following ;

1. One travel agent is engaged for booking air ticket for company employees official visit . The agent is raising tax invoice for air ticket, his commission and GST for his commission.

2. The GST charged for the air ticket invoice raised in the name of the company


Nishad
23 November 2019 at 10:37

GST RCM

When GST RCM Applicable date

Till 30th Sep 2019 not applicable?



raghavendra b
23 November 2019 at 10:36

GST ON LIQOUR

DEAR SIR,

ONE OF MY CLIENT WANT START BAR ONLY SALE OF LIQOUR UNDER FORMING A PARTNERSHIP FIRM. SO MY QUESTION IS IS LIQOUR NON GST SUPPLIES THEN CAN WE GET GST REGISTRATION AND WHAT IS HSN CODE FOR LIQOUR UNDER GST. IF TCS APPLIED FOR LIQOUR WHAT IS PROCEDURE FOR TCS FILING.
MONTHLY SALES OF LIQOUR WHICH COLUMN TO BE SHOWN IN 3B RETURN WHETHER EXEMPTED OR NIL RATED OR NON GST SUPPLIES.

PLEASE CLARIFY ME

REGARDS


lakshmi prasad

Sir,

We are engaged in manufacturing company located in SEZ . We have outdoor caterer who serves foods to our employee in company. On caterers bill they are not charging GST because we are in SEZ (All supplies made to SEZ Units are Zero rated supplies) . We are recovering very nominal value from employees in salaries for food arrangements to employees . Can you please suggest do we need to pay GST on recovery amount , what is the applicable GST Rate from 1.07.2017 if yes.
to avoid if any GST Liability what is the actions we can take , if we stop recovery , we will not required to pay GST.
Please provide the solution for all above queries with quoting respective circulars and case laws .
thanks in advance for your support


Jain Paul
23 November 2019 at 08:00

KFC

Do we have to show Kerala Flood Cess collected in GSTR 3B and GSTR 1?







Answer Query