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destination of supply

16 October 2017

if an advertisement service is provided in jaipur metro and the recipients of service is registered in delhi .... what tax will be applicable in such case ??

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17 Replies

Vinod Araveti (Practicing CA) (1180 Points)
Replied 16 October 2017

As per Section 12(2) of IGST Act 2017, POS is

If supply is made to a registered person shall be the location of such person;
(b) made to any person other than a registered person shall be,––
(i) the location of the recipient where the address on record exists; and
(ii) the location of the supplier of services in other cases.

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g mahesh Mundra (Business and tax consultant) (3296 Points)
Replied 16 October 2017

means igst tax bill

Vinod Araveti (Practicing CA) (1180 Points)
Replied 16 October 2017

Yes mahesh ji...IGST needs to be charged

g mahesh Mundra (Business and tax consultant) (3296 Points)
Replied 16 October 2017

Sir I have a doubt in previous vat regime some products not attract excise duty for that he have closing stock on 30th June now in GST can he claim cgst by filing trans1 in vat regime tax was 14% in GST tax for the same is 18%

Vinod Araveti (Practicing CA) (1180 Points)
Replied 16 October 2017

Mahesh ji, I think you are asking about section 140(3) of CGST act 2017 ?? am i right ?

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g mahesh Mundra (Business and tax consultant) (3296 Points)
Replied 16 October 2017

Yes sir kindly clarify me

Vinod Araveti (Practicing CA) (1180 Points)
Replied 16 October 2017

it is enabling the assesee who is not registered under the Central excise act and service tax, to avail the unavailed credit of excise duty on the stock which is held on the appointed day...

for example : dealer who is not registered under excise, has stock of A material of Rs. 100000. He has availed only VAT credit on that purchase but not availed the excise duty paid ( for example Rs. 10000 ). Now he can avail that unavailed excise credit on that stock as follows.

If he has the excise invoice for the total stock value then he can take the Rs. 10000 as credit through TRAN-1.

If he does't has the excise invoice then, If the GST rate on " A " is equal to more than 18% then 60% of CGST payable on that stock sale is given as refund. Otherwise 40% of CGST payable will be given as refund

g mahesh Mundra (Business and tax consultant) (3296 Points)
Replied 16 October 2017

Thank you sir the person was a timber stockist in vat regime tax @ 14% and in GST tax 18% for timber there is no excise duty. Now under GST can he claim cgst by filing trans1 in part7A column pls clarify

Vinod Araveti (Practicing CA) (1180 Points)
Replied 16 October 2017

NO mahesh ji, He can't avial that benefit..because he has not paid any excise duty on that stock..

g mahesh Mundra (Business and tax consultant) (3296 Points)
Replied 16 October 2017

OK sir by filing trans2 can he claim or not

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g mahesh Mundra (Business and tax consultant) (3296 Points)
Replied 17 October 2017

Ok by filing trans2 can he claim or not

Vinod Araveti (Practicing CA) (1180 Points)
Replied 17 October 2017

TRAN-2 has to be filed by a dealer or trader at the end of every month, when stock is sold reporting the details to claim input tax credit. He must meet the following conditions –

Such goods were not unconditionally exempt fully from excise/VAT or were not nil rated goods under Excise/VAT.
This scheme is operative only for 6 months from the 1st of July 2017 which means that the stock must be cleared by the end of December to claim the credit.
You have a document that shows procurement of such goods.
The stock of goods on which the credit is being claimed is stored such that it can be easily identified.

So The first condition is not satisfying in your case .. so you are nor eligible for refund under section 140(3) of CGST