44ADA and GST on income above Rs 20lakh

Sandeep (Founder) (43 Points)

21 May 2018  

Hi,

I have more than 20Lakh income from Google adsense and admob on mobile apps and games.

I file my return in ITR-4 under sec 44ADA. I have hired a CA also.

In ITR-4 if net turnover more than 20Lakh then giving GST number is mandatory.

Online ads business is under LUT as I read from other blogs like cleartax, txguru and caclub.

My CA tells me that precondition for LUT is that the beneficiary should not have any place of business in India.

1) Also the Indian advertisers have to pay IGST for advertising their products in adsense/admob

2) Google is not giving us any report of GST collected from indian advertisers whose ads have been served in my mobile apps and games.

Now paying 18% GST out of my pocket when a) I come under 0 rated supply b) GST for indian advertisers has been collected by Google. The payment from Google comes from Singaport in USD which then converted to INR by the bank and that is why I come under 0 rated supply.

Please guide how shall I proceed. Once I get GST number, I will have to either get LUT (issue is that beneficiar should not have place of business in India?) or pay 18% GST (this will crush my income and doesn't make sense to pay GST twice as Google already collected GST from advertisers). I can't take GST refund because google has advertisers from all over the world and they collect GST from Indian advertisers only which is again not shared with me.

 

Regards