MY CLIENT PAYS GST ON REVERSE CHARGE BUT SELLS GOODS UNDER VAT/CST HAVING DEALINGS 100% IN ALCOHAL WHICH IS NOT TAXED UNDER GST. CAN REFUND BE CLAIMED FOR GST PAID AS IT IS BEING USED FOR FURTHERANCE OF BUSINESS
18 Replies
CA Akhilesh Kumar Kandpal
(Proprietor A K Kandpal & Associates)
(1442 Points)
Replied 08 August 2017
do you also deals in any other goods except alcohol, which are taxable under gst??
Revanth
(Kumar)
(258 Points)
Replied 08 August 2017
Is your client register under gst.. Bcoz alcohol is outside the purview of gst.. Only register person liable to pay gst under reverse charge...
CA Akhilesh Kumar Kandpal
(Proprietor A K Kandpal & Associates)
(1442 Points)
Replied 08 August 2017
you should not have take registration in gst.....you will not get any refund as the outward supply is exempted....you should surrender your registration......
AK SHARMA
(C.A.)
(110 Points)
Replied 08 August 2017
If I surrender GST registration,how we pay GST on reverse charge liability
Revanth
(Kumar)
(258 Points)
Replied 08 August 2017
You are not liable to pay gst under reverse charge mechanism
AK SHARMA
(C.A.)
(110 Points)
Replied 08 August 2017
If I surrender GST registration,how we pay GST on reverse charge liability
AK SHARMA
(C.A.)
(110 Points)
Replied 08 August 2017
Mean we get benefited being out of GST as we were paying service tax under Reverse Charge
CA Akhilesh Kumar Kandpal
(Proprietor A K Kandpal & Associates)
(1442 Points)
Replied 08 August 2017
what exactly you do? why did you pay service tax if you were selling only alcohol? if you are liable to pay gst on rcm under section 9(3) than only you need registration in gst. otherwise you are not require to register under gst. please give any example of any transaction on which you are paying gat on rcm....
AK SHARMA
(C.A.)
(110 Points)
Replied 08 August 2017
We are a Pvt LTD company and liable for RCM under Service tax and now under GSt
AK SHARMA
(C.A.)
(110 Points)
Replied 08 August 2017
We being a company we're liable to pay on RCM for services like legal,transport or from non taxable territories etc now it is also applicable under GST
CA Akhilesh Kumar Kandpal
(Proprietor A K Kandpal & Associates)
(1442 Points)
Replied 08 August 2017
than you have to remain register under gat and no refund on gst paid whether on rcm basis or any input purchases will not be given....
AK SHARMA
(C.A.)
(110 Points)
Replied 08 August 2017
Even though services like rent legal services etc on which GST being paid are used for furtherance of business
CA Akhilesh Kumar Kandpal
(Proprietor A K Kandpal & Associates)
(1442 Points)
Replied 08 August 2017
the point is that if you use input for exempted supply than nothing will be allowed as refund or credit....if you providr other taxable services tha
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