meena

Dear Sir,

If I Purchase Inputs after Paying GST & Use such Inputs"ONLY"(EXCLUSIVELY) for making Exempt Sales,Am I required to Show this GST Paid in GSTR-3B -"Eligiblity ITC" Tab?? If Yes , I should Show it where?? Also this will also involve reversal, so where should this reversal be shown ????

Please reply asap

Regards


narayan jat
01 June 2019 at 16:18

Capital gain

Dear expert,

Urban development authority acquired agriculture land of my client and for this he gave plot in city. whether this transaction is taxable in capital gain. if yes what is sale consideration of this transaction.
later on my client sold this plot. what is the cost of acquisition of this plot.


Sandeep Aggarwal
01 June 2019 at 15:32

Declaration of interim dividend

I am working in private Limited Companies. Company wants to declare interim dividend of Rs. 4,00,000/-. Company have Reserve 4,00,000, Profit In 2018-19 is 7,00,000 still unaudited. Can we declared interim dividend of Rs. 4,00,000. Also please provide process of Declaring Interim Dividend

Thanks & Regards


Mittal Haria

In the GSTR 3B of January 2018 month, we claimed wrong ITC under the head CGST and SGST instead of IGST. This has not been rectified till now. We missed the last date of rectification of mistakes in FY 2017-18. So, now how do we rectify this?


Sanjay
01 June 2019 at 12:49

Merger of ca firm

in case i merge my existing firm say A & CO. with B & CO.; then a partnership needs to be mandatory made in addition to merger agreement?

in case partnership deed is to be made then what would be the date of commencement of business of partnership i.e. current date or the date of establishment of the oldest/older firm (because in merger agreement the merged firm's date of establishment shall be the date of older firm)?

whether merger agreement and partnership deed needs to be registered in Court?


Nikhil Prajapati
01 June 2019 at 12:30

Input tax credit

Input Tax credit (GST) cannot be denied to recipient for default on part of the supplier- Delhi High Court issued notice to UNION OF INDIA


Delhi HC issues notice in writ petition challenging Section 16(2)(c), second proviso to Section 16(2)(d) and proviso to Section 16(4) of Central Goods and Service Tax Act, 2017 (CGST Act); Validity of Section 43A(6) of CGST Act, which hasn’t been notified yet, is also being challenged; Petitioner’s contention is that the Department has been vested with all the powers to recover any revenue lost owing to non-payment of taxes by erring suppliers and credit cannot be denied to recipient for default on part of the supplier; Lists the matter on September 18 : Delhi HC

The matter is being heard by Division Bench comprising of Justice Dr. S. Muralidhar and Justice Asha Menon.

The Petitioner i.e. Bharti Telemedia Ltd. is engaged in providing Direct-To-Home satellite television broadcast services. Writ Petition has been filed challenging the legality and validity of Section 16(2)(c), second proviso to Section 16(2)(d) and proviso to Section 16(4) of the Central Goods and Service Tax Act, 2017. The Writ Petition also challenged the validity of Section 43A(6) of the Central Goods and Service Tax Act, 2017, which has not been notified until.

Section 16(2)(c) of CGST Act, 2017 provides for a condition wherein the recipient would only be entitled to Input Tax Credit if the tax charged in respect of such supply has been actually paid by the Supplier. The second proviso to Section 16(2)(d) provides that the recipient shall add an amount of Input Tax Credit availed, along with interest to the output tax liability if the recipient fails to pay the invoice amount to the supplier within 180 days.

Proviso to Section 16(4) extends the benefit of availment of ITC till the due date of furnishing of return under Section 39 for the month of March, 2019 in respect of certain invoices, only if the supplier for such supplies has uploaded the details of such invoices in its return under Section 37(1) for the month of March, 2019. Section 43A(6) of the CGST Act provides that the supplier and recipient shall be jointly and severally liable to pay tax or pay ITC availed in relation to outwards supplies for which the details have been furnished under sub-section (3) and (4) but returns thereof has not been furnished.

The provisions have been challenged on the following grounds:

Section 16(2)(c), proviso to Section 16(4) is violative to Article 14 of the Constitution of India;
The Department has been vested with all the powers to recover any revenue lost owing to non-payment of taxes by erring suppliers;
The credit cannot be denied to the recipient for the default on the part of supplier.

Delhi HC has issued a notice to Union of India today and posted the matter on September 18, 2019.


May question is now can we take itc on the basis of purchase invoice even if supplier has not filed gstr return (i.e. credit is not showing in GSTR 2A).??


Chandan Mukherjee
01 June 2019 at 11:44

Gstr 1

Dear All
We have submitted our GSTR 1 for the 4QE 2019 on 11.04.19. 2 Nos Invoices of 2 different customers are not entered in said GSTR 1the M/o Feb 2019. In the matter how we show the said invoices so the ITC can claims our 2 valued customers.

Please help us.

Thanks
Chandan Mukherjee


Deepak Kumar Jha
01 June 2019 at 11:32

Gst registration

My company registered office in Delhi and also registered in GST in Delhi State. From registered office make Taxable supply. This company Corporate office in Haryana State, and from corporate office no any taxable supply only staff sitting here. Now i want to ask in Haryana state require GST registration or not?


Naveen Kumar
01 June 2019 at 11:20

Purchase bill of july 2018

Respected, experts

We have one Purchase bill of Rs.19800/- for the month of July,2018. I have filed the GSTR-3B in April month. Please advise to me how i adjust for above purchase bill. Can i pass the entry in busy in current month ( May 2019) or anything more please reply

Read more at: https://www.caclubindia.com/experts/purchase-bill-of-july-2018-2740019.asp


SOMASHEKAR
01 June 2019 at 11:15

Capital gain

A residential vacant site was purchased by Mr. Raghu and sale deed was registered in his name on June 2017 (property value is Rs. 30,00,000/) and constructed residential single house taking housing loan of Rs. 20,00,000/- in the same site and now he is willing to sell the same property in July 2019 for 60Lakhs due to some personal reasons.
Clarification required:
1. Will this be considered at STCG or LTCG for Mr. Raghu ?
2. Can he invest that amount for purchasing a residential flat in apartment ?
3. Can he close the housing loan which was taken to construct the same house after selling the property?
4. He is having another a Site purchase loan in which a site was purchased in the year nov 2016. Can he close this loan also?

Pls suggest how he can invest to avoid property tax on capital gain?





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