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TMI BlogGST - 100 Solutions to Taxpayers Problems dated 26-06-2017X X X X Extracts X X X X X X X X Extracts X X X X ..... D final GSTIN would be same. Q. 5 Whether trader of country liquor is required to migrate to GST from VAT as liquor is out of GST law? Ans. If the person is involved in 100% supply of goods which are not liable for GST, then no registration is required. Q. 6 Not liable to tax as mentioned u/s 23 of CGST means nil rated supply or abated value of supply? Ans. Not liable to tax means supplies which is not leviable to tax under the CGST/SGST/IGST Act. Please refer to definition under Section 2(78) of the CGST Act. Q. 7 Whether civil contractor doing projects in various States requires separate registration for all States or a single registration at State of head office will suffice? Ans. A supplier of service will have to register at the location from where he is supplying services. Q. 8 Whether aggregate turnover includes turnover of supplies on which tax is payable by the recipient under reverse charge? Ans. Outward supplies on which tax is paid on reverse charge basis by the recipient will be included in the aggregate turnover of the supplier. Q. 9 If there are two SEZ units within same State, whether two registrations are required to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l taxable person. Q. 19 Whether a separate GSTIN would be allotted to a registered person for deducting TDS (he has PAN and TAN as well)? Ans. Separate registration as tax deductor is required. Q. 20 Is separate registration required for trading and manufacturing by same entity in one state? Ans. There will be only one registration per State for all activities. Q. 21 I am registered in TN and getting the service from unregistered dealer of AP, should I take registration in AP to discharge GST under RCM? Ans. Any person who makes make inter-State taxable supply is required to take registration. Therefore in this case AP dealer shall take registration and pay tax. Q. 22. Is there any concept of area based exemption under GST? Ans. There will be no area based exemptions in GST. Q. 23. If a company in Maharashtra holds only one event in Delhi, will they have to register in Delhi? Will paying IGST from Maharashtra suffice? Ans. Only if you provide any supply from Delhi you need to take registration in Delhi. Else, registration at Mumbai is sufficient (and pay IGST on supplies made from Mumbai to Delhi). Q. 24. How long can I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ? Ans. Supply to SEZs is zero rated supplies and supplies by SEZs are treated as imports. Q. 36. Please clarify status of international export freight under GST as the same was exempt under POPS rules. It is zero rated in most countries. Ans. POS for transport of goods determinable in terms of Section 12(8) or Section 13(8) of IGST Act, 2017, depending upon location of service provider/service receiver. Exports are treated as zero rated supplies. Q. 37. When goods are being imported from SEZ who will pay IGST? Ans. Such supply is treated as import and present procedure of payment of duty continues with the variation that IGST is levied in place of CVD. Q. 38. Who will pay IGST when goods are procured from SEZ? Today importer is paying both BCD and CVD. Ans. Such supply is treated as import and present procedure of payment continues with the variation that IGST is levied in place of CVD. INPUT TAX CREDIT Q. 39. Is SGST of Rajasthan charged by supplier on purchase from Rajasthan can be utilize for payment of SGST in Madhya Pradesh? Ans. SGST of one State cannot be utilized for discharging of output tax liability of an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... very challan should be issued. Q. 49. How to treat following transaction in GST (i) Delivered supply shortages in Transit. (ii) Customer gets less quantity and pays less. Ans. The supplier may issue credit note to the customers and adjust his liability. Q. 50. Should we issue Self-invoice for GST liability discharge on RCM or GST can be discharge through expenses booking voucher? Ans. For RCM liabilities tax invoice has to be issued on self. RETURNS Q. 51. What would be done on tax paid on advance receipt if advance has to be refunded in any circumstance Ans. Advance refunded can be adjusted in return. Q. 52. Do registered dealers have to upload sale details of unregistered dealers also in GST? Ans. Generally not. But required in case of inter-State supplies having invoice value of more than ` 2.50 Lakhs. Q. 53. How to incorporate two supplies in return for Pharma with same HSN code of four digits but having different tax rates? Ans. Returns provide for furnishing rate wise details. SUPPLY Q. 54. Should we discharge GST liability for all reverse charge having small amounts of Transaction or any amount lim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will apply or CGST/SGST? Ans. If the place of supply and the location of the supplier are in the same State then it will be intra-State supply and CGST/SGST will be applicable. Q. 65. Why is bifurcation of cash deposit as CGST-SGST-IGST required? Is cash held against a GSTIN, to be adjusted via return u/s 39? Ans. Three levies are under three different statutes and are required to be separately accounted for. Q. 66. What is the difference in between Nil rated , taxable at 0% and exempted goods and services? Especially in relation with ITC? Ans. Exempt supply includes Nil rated (taxable at 0%) and non-Taxable supplies and no ITC is available for such supplies. Q. 67. Will professional tax will be abolished in Maharashtra after introducing of GST? Ans. Professional tax is not a tax on supply of goods or services but on being in a profession. Professional tax not subsumed in GST. Q. 68. Employer provides bus service, meal coupon, telephone at residence, gives vehicle for official and personal use, uniform and shoes, any GST? Ans. Where the value of such supplies is in the nature of gifts, no GST will apply till value of such gifts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... FSD purchases directly from manufacturer and has value cum excise duty and excise duty is not separately shown will he get full credit? Ans. Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act. Q. 79. Is the full excise credit also available to traders who purchases directly from manufacturers and excise is separately shown in invoice? Ans. Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act. Q. 80. In June 17 VAT return no amount carried forward held stock of ` 50 lakhs. Then can we take credit of that stock or not? Ans. The supplier would be eligible to carry forward the closing balance of ITC from VAT return for June 17. Q. 81. What will be the impact of closing stock which has been already paid VAT on 1st July? Ans. The supplier would be eligible to carry forward ITC on such stock from VAT return for June 17. Q. 82. If in VAT return refund claimed in June 17 no bal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s it is not covered by definition of eligible duties and taxes under Section 140 of the CGST Act. Q. 94. Can you clarify for 40% benefit on closing stock does 1 year limit apply or not ? Ans. Deemed credit will be available for all stock procured within a 1 year period. Q. 95. Till what time is transition credit available? Where do I need to declare my input stock? Ans. The window to declare transition credit forms is three months from the appointed day. Please refer to transition rules for more details. UTGST Q. 96. Will there be GST in A N Islands as previously there was no VAT? Ans. Yes. For supplies within A N, CGST plus UTGST would be leviable. OTHERS Q. 97. Whether IGST would be levied twice on high seas sales? First on high seas sales and second on custom clearance. IGST paid on 1 available as ITC? Ans. IGST shall be levied only once on imports. Q. 98. Will Krishi Mandi Fee (imposed in U.P.) be waived off in GST? Ans. GST does not concern such fee so GST does not affect it. Q. 99. Is E-Way Bill applicable from 1st July 2017? Ans. The present system for E-way Bill in States to continue, till the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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