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Urd to urd interstate

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CA Shivam Arora (Chartered Accountant) (2414 Points)
Replied 20 June 2018

Yes it is compulsary but govt. is giving you time of 30 days as per section 25(1). Govt. is not asking for prior registration.


RAJA P M ("Do the Right Thing...!!!")   (127982 Points)
Replied 20 June 2018

Originally posted by : CA Shivam Arora
Yes it is compulsary but govt. is giving you time of 30 days as per section 25(1). Govt. is not asking for prior registration.

 

Sir.,

(Out of the Query)

You know, The above said time limit not accessible for new registration. Many more new taxpayers (under GST) transact from the DATE of Registration. But, Return dashboard not support before the APPROVED date. Note not on registration date...


RAJA P M ("Do the Right Thing...!!!")   (127982 Points)
Replied 20 June 2018

Originally posted by : CA Shivam Arora
Yes it is compulsary but govt. is giving you time of 30 days as per section 25(1). Govt. is not asking for prior registration.

As per my understandings the said transaction is Invalid...


Ravi SADhiyan (Practice) (4510 Points)
Replied 20 June 2018

Originally posted by : CA Shivam Arora
He is required to issue a revised tax invoice as per rule 53(2).

 

Dear Shivam Sir,

Kindly explain with  Example ( Include Date also ) of Rule 53 (2) below line

(2) Every registered person who has been granted registration with effect from a date earlier than the date of issuance of certificate of registration to him, may issue revised tax invoices in respect of taxable supplies effected during the period starting from the effective date of registration till the date of the issuance of the certificate of registration:


Ravi SADhiyan (Practice) (4510 Points)
Replied 20 June 2018

Originally posted by : CA Shivam Arora
Also read section 25(1). Shivani's question is not about registration but about inter-state supply during those 30 days mentioned in section 25(1)  and issue of revised tax invoice thereof.

Exmaple:- Suppose you are unregistered person in Kolkata. Your friend's relative(also unregistered) in Delhi wants to purchase some goods from you and so he placed an order on 20.6.18 and he asks you to deliver on 23.6.18. Now you are unregistered and you know that if you make an inter-state supply you have to apply for registration within 30 days under GST law. You supply the goods with normal invoicing of Rs. 11800/- on 23.6.18. Now after this he applies for registration on 26.6.18 with date of liability on 23.6.18 and was granted registration cetificate on 1.7.18.

Since his date of liabilty is 23.6.18 he should have raised tax invoice, but he couldn't as he was unregistered. So after 1.7.18 he will issue revised tax invoice for all the supplies made during 23.6.18 to 30.6.18..For inter-state supply made on 23.6.18 to Delhi he will back calculate the figure and issue a revised tax invoice---Say GST applicable @ 18%...Thus basic value =10000 and IGST =1800. This is as per rule 53(2).

From 1.7.18 onwards he will issue normal tax invoice under GST law.

Dear Shivam Sir

If in your case sale transaction occured in 28-May-18 and GST Registration applicatiopn applied in 01-Jun-18 

Than how to file GSTR-1 Return 

Kindly give your Opinion 

 



CA Shivam Arora (Chartered Accountant) (2414 Points)
Replied 20 June 2018

1) On 20.6.18 a person become liable to register

2) On 25.6.18 he files an application of registration as per section 25(1) i.e. within 30 days. He mentions the date of liabilty as 20.6.18 in the registration application.

3) On 1.7.18 he is issued registration certificate but date of liability mentioned therein is 20.6.18 which is also the effective date of registration as per rule 10(2).

4) On 1.7.18 he issues revised tax invoice for the period 20.6.18 to 30.6.18 as per rule 53(2).

 

Note- 1)Effective date of registration(date of liability mentioned in RC) is 20.6.18 and date of issue of registration certificate is 1.7.18...Both the terms are different and carry different meaning.

2 Like

CA Shivam Arora (Chartered Accountant) (2414 Points)
Replied 20 June 2018

This answer is also related to the previous solution. if date of liabilty is 28th may 18 then GSTR-1 for May-18 to be filed by 10.6.18.

If window of May-18 is not open in return dashboard, then show it as sale in GSTR-1 of June-18.


Shivani (Learner) (1881 Points)
Replied 21 June 2018

Dear Shivam

My question is that whether Mr. A made supply to registered person or consumer, does in both cases we have to consider the price inclusive of tax.

Second question is that after registration whom he will raise Revised Tax Invoice on in case of consumer. What wil he mention in Party Name in case of supply made to consumer?

Also the tax paid in respect of supply made to consumer wil go out of his pocket?

Also while making sale I know he cant collect tax at that time from recipients as he is not unregistered but cant he just inflate the price taking into account GST rate and dont show tax separately in invoice as he knows later he has to pay it.

Please reply to all the above questions.

Regards

Shivani

 

1 Like

CA Shivam Arora (Chartered Accountant) (2414 Points)
Replied 21 June 2018

Ans 1) In both the cases it depends on whether you have prior agreement with the buyer. If the buyer is ready to accept the inflated price then no need to consider it as inclusive of tax, you can charge tax upfront. But as per my practical knowledge very few people will accept these type of agreement. Unregistered person who dont't get ITC benefit, may not accept inflated price so in that case you will have to consider the amount as inclusive.

Ans 2) He will mention the name of the consumer. 

Ans 3)Yes if you treat it as inclusive then it will go out of the pocket of supplier.

Ans 4)Yes that's a logical approach and you will see in my 1st example I have done the same thing. Instead of raising bill for Rs. 10000/-, I have raised it for 11800 before registration, and after registration I have raised a revised tax invoice with basic figure of Rs. 10000/- and IGST Rs. 1800/-. That solves the whole problem of paying tax out of pocket, reduction in profit etc.

Hope this solves your query! 

1 Like

Shivani (Learner) (1881 Points)
Replied 23 June 2018

Dear Shivam

When he was unregistered he raised simple invoice of Rs. 10000.

when he got registered he raised revised tax invoice of Rs. 10000 + igst (1800).

Now in his account books doesnt 10000 gets accounted twice?

regards

shivani



CA Shivam Arora (Chartered Accountant) (2414 Points)
Replied 23 June 2018

Latter invoice is replacing the former one as per law. So there is no double accounting.

Shivani (Learner) (1881 Points)
Replied 26 June 2018

Dear Shivam

When supplier passed original INVOICE in his books he must have debited Rs. 10000 in his books. And he must have received the payment, making recipient balance in books ZERO.

Now when he is issuing a REVISED TAX INVOICE, how can he again debit the recipient with Rs. 10000?

In my view the REVISED TAX INVOICE should be raised only for the tax amount Rs. 1800 which he intends to recover from the recipient.

What do you think?

regards

shivani


CA Shivam Arora (Chartered Accountant) (2414 Points)
Replied 26 June 2018

Revising means replacing the original. Thus revised tax invoice is just a replacement of the original invoice. So when you issue a revised tax invoice, the original becomes obsolete and it is relevant only for evidence purpose. So, revised tax invoice is to be raised for full amount, showing everything as prescribed under rule 53.

He may pass entry in books for differential amount i.e. 1800 but revised tax invoice is to be raised for full amount.


Shivani (Learner) (1881 Points)
Replied 27 June 2018

Dear Shivam

How to to that in Tally?

because in tally accounting ledgers will get affected and balances will get disturbed !!!

regards



Pankaj Rawat (GST Practitioner) (55047 Points)
Replied 27 June 2018

As per Rule 53 (2) CGST A person can issue revised Tax Invoice in respect of taxable supplies effected during the period starting from the effective date of registration till date of issue of registration certificate You can issue Consolidated Revised invoice in respect of taxable supplies made to URD


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