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GST act

mahaesh (Bangalore ) (113 Points)

29 May 2018

I purchased goods worth of Rs. 50000 and paid GST Rs. 1000 full.

Case-1 what if 60% of goods retained by supplier for some other issues. Do we need to pay full GST for it ?

If yes in which section it's said.

please give me answer fast

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15 Replies

Pankaj Rawat (GST Practitioner) (55047 Points)
Replied 29 May 2018

Some other purposes means ???

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mahaesh (Bangalore ) (113 Points)
Replied 29 May 2018

like may be not having trust etc

Surjeet Negi (947 Points)
Replied 29 May 2018

in this case what I understand that supplier has not delivered goods pertaining to supplies. since you are eligible for full credit on invoice and the matter is only delivery of goods.

mahaesh (Bangalore ) (113 Points)
Replied 29 May 2018

in which section its said

mahaesh (Bangalore ) (113 Points)
Replied 29 May 2018

in which section its said

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Subhkaran Surana (343 Points)
Replied 29 May 2018

since it is supply as per section 7 of CGST act 2017, so GST needs to be paid in full on the transaction value determined as per section 15 of the CGST act 2017

Surjeet Negi (947 Points)
Replied 29 May 2018

since you have paid tax on procuring inputs..you can reduce it from your tax liability. as per section 26 only issue is that you have not received the full delivery of good even though you have tax invoice.hence tax credit is not lost but can be claimed on final delivery.

Subhkaran Surana (343 Points)
Replied 29 May 2018

Section 26 of CGST Act 2017, deals with deemed registeration and is not applicable in this case,

In addition there is no section 26 , under the IGST Act, 2017.

mahaesh (Bangalore ) (113 Points)
Replied 29 May 2018

Section 26 : “Deemed Registration” (CGST Act, 2017)

Provisions under Section 26 of the Central Goods and Services Tax (CGST) Act, 2017 relating to “Deemed Registration”, are as under:

(1) The grant of registration or the Unique Identity Number under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act shall be deemed to be a grant of registration or the Unique Identity Number under this Act subject to the condition that the application for registration or the Unique Identity Number has not been rejected under this Act.

Surjeet Negi (947 Points)
Replied 29 May 2018

sorry section 16

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Pankaj Rawat (GST Practitioner) (55047 Points)
Replied 29 May 2018

As per 16 (2) sub clause a & b , taxpayer can take ITC on if in possession of TAX Invoice & has received Goods

So in your case legally you cannot take ITC