Email FAQ's I

Composition

Question1 Whether a person can avail the composition scheme on Small Retail Trading of goods if he is holding both incomes like Sale of business: Rs.25 lakh (Small Retail Trader) and Rental income: Rs.12lakhs, whereas the person was registered earlier in VAT Composition Scheme and was paying Service Tax on rental income?

Answer Renting is a service and supplier of service, except restaurant service, cannot opt for composition scheme. Since you are supplying both goods & services, you are not eligible for composition scheme.

Question2 Can traders selling on ecommerce portals avail composition scheme if their turnover is less than 75 lakhs?

Answer No, Sub-section (2) of section 10 refers.

Exports

Question3 Whether every registered person who intends to export requires fresh Bond/LUT even if the same was issued on or before 30 Jun, 2017 and is still live i.e. not one year old.

Answer Circular No. 4/4/2017 -GST dated 07.07.2017 clarifies this. Old LUT/bond is valid till 31.07.2017, after which fresh LUT/Bond in the new format is required to be submitted.

Question4 Some assessees had multiple central excise registrations under the earlier regime and were having different LUT/ Bond for each premises. In GST, there will be single registration for such assesses. Do they require furnishing fresh bond/LUT for their principal place of business or the existing Bond/LUT issued to them prior to 30.06.2017 shall be applicable for the export purpose.

Answer Circular No. 4/4/2017 -GST dated 07.07.2017 clarifies this. Old LUT/bond is valid till 31.07.2017, after which fresh LUT/Bond in the new format is required to be submitted.

Question5 With reference to clause 5 of Rule 96 A as inserted vides Ntf No. 15/2017 –Central Tax dated 01stJuly 2017 “(5) The Board, by way of notification, may specify the conditions and safeguards under which a Letter of Undertaking may be furnished in place of a bond.” It may be clarified as to whether any conditions and safeguard has been notified by the Board as on date, as certain parties have filed LUT for export in this office

Answer Yes, conditions and safeguards have been specified by Notification No. 16/2017-Central Tax dated 07.07.2017 and clarified in detail in Circular No. 4/4/2017 -GST dated 07.07.2017. The sum and substance of these documents is that the facility of Letter of Undertaking in place of a bond is available to a registered person who is either (a) a status holder as specified in the Foreign Trade Policy 2015-2020; or (b) who has received the due foreign inward remittances amounting to a minimum of 0% of the export turnover, which should not be less than one crore rupees, in the preceding financial year. The person should not have been prosecuted for any offence under the Central Goods and Services Tax Act, 2017 (12 of 2017) or under any of the existing laws in a case where the amount of tax evaded exceeds two hundred and fifty lakh rupees.

Question6 In case of export of services, who will pay the service tax as for Bhutan, Nepal and Bangladesh?

Answer The place of supply is outside India but as the supplier is located in India, it is a case of inter-State supply and subject to IGST. It will be zero rated if the sale proceeds are realized in convertible foreign exchange.

Question7 Will GST be debited in duty credit scrips such as Merchandise Exports from India Scheme (MEIS) and Service Exports from India Scheme (SEIS)?

Answer No

Question 8 In view of definition of ‘export of goods’ given in Section 2(5) of the IGST Act, 2017, the supply of goods by the manufacturer to merchant exporter cannot be treated as exports as he is not taking out the goods out of India. He is supplying the goods to the merchant-exporter. Therefore, is the manufacturer required to pay CGST and SGST in all cases of exports by merchant-exporter even though the goods are being sealed in container for export from the premises of manufacturer-exporter? Does the merchant-exporter have the option either to avail option of Bond/LUT or to pay IGST for export of such goods?

Answer Yes

The manufacturer would be liable to pay CGST and SGST.
The merchant-exporter has the option either to avail option of Bond/LUT or to pay IGST for export of such goods.

There is no provision on the lines of Form H under the CST Act in the GST.

Question 9 As per Rule 96A of Central Tax, the LUT is to be accepted by the Jurisdictional Commissioner, Udaipur whereas in pre GST era the same was accepted by the jurisdictional Deputy/Assistant Commissioner Kota. The Commissioner of Kota region has office at Udaipur which is 290 Kilometers away from Kota due to which it is impractical to file LUT at Udaipur with Commissioner as compared to previous procedure.

Answer Circular No. 2/2/2017-GST dated 04.07.2017 has clarified that an exporter wishing to export without payment of integrated tax may approach the jurisdictional AC/DC for acceptance of bond/LUT. Circular No. 4/4/2017 -GST dated 07.07.2017 has further clarified that the bond /LUT shall be accepted by the jurisdictional Deputy/Assistant Commissioner having jurisdiction over the principal place of business of the exporter.

Question10 As per sub-rule 5 of rule 96A of Central Tax Rule, Board will notify where LUT is to be furnished in place of Bond. Since Board has not notified so far, therefore, this office is of the view that Bond is to be furnished in all cases as of now. Please clarify

Answer The Board has, vide Notification 16/2017-Central Tax dated 07.072017, specified the conditions and safeguards under which an exporter may file a LUT instead of a bond.

Question11 Whether in case of assesses exporting goods under LUT in Central Excise Act 1944, can export goods after 01.07.2017 under GST on the basis of the said LUT filed under Central Excise Act, 1944 until that LUT expires.

Answer In terms of Para 6 of Circular No. 4/4/2017 dated 07.07.2017 exports are allowed under existing LUTs/Bonds till 31st July 2017. Exporters shall submit the LUTs/bond in the revised format latest by 31st July, 2017.

Question12 There is lack of clarity in the trade regarding the eligibility conditions for the LUT/Bond as per the Notification No. 16/2017 –Central Tax. Para i(b) of the said notification requires the exporter to receive the due foreign inward remittances amounting to a minimum 10% of the export turnover, which should not be less than one crore rupees, in the preceding financial year. It is not clear for the exporters having an export turnover of say Rs. 5 Crore. For such people whose 10% of the export turnover is below one crore, what is the implication? Are those exporters who have received their total due inward remittance of e.g. Rs. 5 Crore eligible for availing the facility of LUT?

Answer Condition i(b) in the said Notification means that the registered person should have received at least 10% of his/her export turnover as foreign inward remittance in the preceding financial year and the foreign inward remittance in the preceding financial year should not be less than one crore rupees.

E.g. if a registered person has an export turnover in FY 2016-17 of Rs. 5 crores and has received foreign inward remittance of Rs. 5 crores in the same FY, then he shall satisfy Condition i(b), and shall be eligible for execution of LUT.

Invoice & Returns

Question13 If an Assessee has two or more units with single registration, how the invoices are to be maintained viz., separate invoices unit wise or single invoice for all units ?

Answer He can issue unit-wise invoice also. But there should not be any duplication in numbering system.

Question14 Do we have clarity on when invoice data uploading will begin on the GSTN?

Answer Government is ready to launch this. However, a simpler return called GSTR-3B has also been devised due to the demands from the trade and industry for extension of time limit for filing of normal returns.

Question15 Would head offices providing centralized HR, Finance and IT functions also need to raise invoices to its branches?

Answer Yes, if the head office and branches are distinct persons as specified in section 25(4), invoice is required to be issued and GST should also be paid.

Question16 Kindly clarify the accounting treatment of Credit Note while raising Invoice after implementation of GST?

Answer For the purpose of GST law, credit note can be issued to reduce the taxable value or to reduce tax payable or to claim goods return, where the relevant invoice had already been issued and taxable value or tax charged in that tax invoice is in excess. Section 34 of CGST Act, 2017 may be referred to for further details.

Question17 Whether any trader having turnover of less than Rs. 20 lakh needs to sell his goods on proper invoice/billing?

Answer Only registered persons are required to issue tax invoices as per provision of Section 31 read with rules. An unregistered person may supply goods on ordinary commercial invoices and he cannot issue tax invoice.

Question18 What is the procedure/documents required for sending free replacement to the customers at free of cost?

Answer Where free replacement is provided to the customers without consideration under warranty, no GST is chargeable on such replacement. In such cases goods may be sent on delivery challan as provided in rule 55 of the CGST Rules, 2017.

Question19 If we are only dealing in exempted items what is the type of invoice we are required to issue to our buyers? Is it bill of supply or regular GST Invoice?

Answer You may issue a commercial invoice in such cases. However, if you are a registered person, you may issue a bill of supply for exempt supplies.

Question20 How the invoicing should be done for free goods given along with sale so that corresponding input tax credit is not required to be reversed for products under scheme?

Answer Invoice value would include value of all goods including those supplied free. In such cases, ITC is not required to be reversed.

Question21 Under GST, how to send demonstration equipment and instruments to customers or branch offices with in India on returnable basis? –No sale is involved

Answer As the goods are sent on returnable basis and no transfer of title is involved, it is not a supply of goods. If some element of service is involved, the same will be a taxable supply. The goods may be sent on delivery challan without invoice as it is not asupply of goods.

Question22 How to send equipment and instruments to manufacturers’ factory for repairs and calibration with in India on returnable basis? –No sale is involved. 

Answer Challan for movement of goods without supply is to be issued in terms of Rule 55 of CGST Rules.

Question23 Clarification is sought on the following: Revision in GSTR Returns

Answer Mistakes can be corrected in subsequent returns to be filed through amendment Table (For example Table 11 of GSTR-1). Such mistakes can be corrected till the due date forfiling of the return for the month of September subsequent to end of the year or filing of the annual return, whichever is earlier.

Input Tax Credit

Question24 How can a trader avail ITC while selling goods/services to unregistered/exempted GST traders?

Answer The fact that a registered person is supplying goods to an unregistered or exempted person has no consequence on availment of ITC by the supplier.

Question25 Please clarify the procedure of availing ITC on Additional Compensation Cess on some products like Tobacco, Coke, Cigarettes.

Answer ITC of cess can be used only for payment of cess

Question26 Please clarify ITC Credit status for the following condition: If Recipient (Good & Service) is registered under GST & Re-seller/Supplier is under exemption OR composition schemes

Answer In case of unregistered dealer, recipient will pay tax on reverse charge basis. He can get the ITC provided he fulfills other conditions as mentioned in section 16 of the CGST Act, 2017.

In case of purchase from composition taxable person, the composition person cannot charge any tax and hence the question of availing ITC does not arise.

Question27 Please clarify ITC Credit status for the following condition: On GST Deducted Commission for Distributor registered under GST Taxpayer

Answer Any deductions under TDS/TCS provisions from amount paid or credited to the supplier shall be credited to the electronic cash ledger which can be used for payment of tax.

Question28 Please clarify ITC Credit status for the following condition: if Commission received Without Deducting GST in cases where distributor under Exemption OR composition Scheme

Answer The section concerning GST deduction (Section 51 of CGST Act, 2017) has not been operationalized till now. But if the distributor is under threshold exemption or under composition scheme, the requirement for GST deduction depends upon the taxable supply and value of contract rather than the nature of the supplier.

Question29 How should importers take credit of clean energy cess paid on goods lying as stock 30.06.2017?

Answer No credit for clean energy cess can be taken.

Question30 Since our products are under 0% and we are using various services like telephone, professional charges for which we will be paying GST to our registered service providers and this amount will not be utilized towards any payment of outward goods. Are we eligible for refund on the services obtained and GSTN paid for the same? If yes what is the procedure? If no what is the accounting effect?

Answer You are not eligible for refund of unutilized Input Tax Credit as there is no tax on output supply. Tax paid on such services may be accounted along with the services availed i.e. booked as expenses.supply.

Question31 Whether ITC Transition provisions on goods purchased within the State on which tax on MRP has been paid, covered under 140(3) or 140(1)? If covered under 140(1) then how a credit claim be made, as presently in Vat return only the amount is reflected and it is non-adjustable?

Answer Section 140 (1) of CGST Act is applicable for a person who was registered under the existing laws (e.g. under Central Excise, Service Tax, Value Added Tax). And therefore, credit of taxes paid on inputs was getting recorded in the returns filed. Section 140 (3) of CGST Act is applicable for persons who were not liable for registration under existing laws or who were selling/providing non-taxable, exempt goods/services but their supplies are liable to tax under GST. Please also refer to Section 140 of the SGST Act of your respective state and the associated rules.

Question32 Please clarify on availment of input tax credit of GST paid on trucks, commonly used for G.T.A business, Safex, Multi-modal and packing business?

Answer No ITC is permitted to GTA engaged in providing GTA services which are under RCM and are treated as exempted supplies in the hand of GTA. However, if GTA is also liable to pay tax under forward charge as supplier, he is not permitted to avail ITC if he is claiming the concessional rate of 5%. If ITC is claimed, the GST rate for GTA in forward charge will be 18%.

Question33 What will be the Input Credit of newly launched project of building construction after 01.07.2017?

Answer ITC is permitted to pay output tax of construction/work contract services. Please see section 17(5) (c ) and (d) of CGST Act, 2017.

Question34 What are the provisions under CGST Act as to the eligibility of CENVAT credit of service tax on invoices which are received after the appointed date for the services received under the service tax regime?

Answer ITC is available in terms of section 140(5) of CGST Act, 2017.

Question35 How a service Provider can get input GST credit benefit in pure labour Contract under Input Credit?

Answer He needs to use input for furtherance of business and should fulfill the conditions mentioned in section 16 of CGST Act, 2017. The input should not fall within the negative list provided in section 17(5) of the CGST Act, 2017.

Question36 GSTR-1 (Point 9) –As banks are eligible to claim only 50% of Input credit consider excluding banks from reporting of exempt/ non-GST supplies in GSTR-1?

Answer Return Rules have already been notified. It is not possible to make exception for one sector.

Question37 Clarification is sought for the following: Penal Interest on loans and advances

Answer Penal interest is a consideration for tolerating an act and it is a supply of service and will be taxable.

Question38 In case of takeover of a Partnership firm by a Private Limited Company, then who will get the ITC credit? And who should file the GST TRAN-1?

Answer If the business is transferred as a going concern, and liabilities are also transferred then ITC can be transferred to the company. The company can file TRAN-1.

Job Work

Question39 Whether the job worker (who converts barley into Malt) has to charge GST from the Principal only on the Job Work charges or full value of goods, i.e. (Value of Raw Material + Job Work Charges)?

Answer The job worker has to pay GST on job work charges only.

Question40 In case of job workers not operating under Notification 214/86-CE (i.e. registered under excise at present), whether they can carry forward the credit availed on RM/PM supplied to them by the principal manufacturer? Also is there any restriction on carry forward of the credit on input services distributed to them by the principal as ISD under Rule 7 of the Credit Rules and remaining unutilized on the day of GST implementation?

Answer The credit on RM/PM supplied by the principal manufacturer can be availed by the manufacturer rather than the job worker. Section 141 of CGST Act, 2017 refers.

Further if job worker is registered under existing law, Cenvat Credit in respect of input services received from ISD as shown in return can be carried forward.

Levy

Question41 Should GST be charged on labour charges in an invoice?

Answer Yes, if the activity is taxable.

Question42 Would tax be payable on sale of business assets on which no credit was claimed?

Answer Yes provided the aggregate value of supplies is more than Rs. 20 lakhs (Rs. 10 lakhs in special category States).

Question43 PayPal is USA based company. It provides services to its account holders spread worldwide. Whether services given by PayPal would be covered under Section 13(8) of IGST Act?

Answer If the place of supply is in India, the registered recipient will have to pay tax under reverse charge and if the recipient is unregistered, PayPal will pay GST in accordance with section 14 of IGST Act.

Question44 Whether 5% GST applicable to the Transport service provider is to be charged on the total freight amount bill?

Answer It will be on the invoice value of GTA services determined in terms of section 15

Question45 Does Rental Income less than Rs. 20 Lac per annum attract GST?

Answer No. That said, where the rental income from a single property is less than Rs. 20 lakhs but the aggregate rental income from various properties exceed rupees twenty lakhs, the requirement for registration and GST payment will be there.

Question46 In reference to Section 15 of GST, CTT and STT are statutory levy under Income Tax. Is there any GST tax on another governmental Tax, SEBI Fees and Stamp Duty as per Various State Government rates?

Answer As per Section 15 the value will be inclusive of all taxes except CGST, SGST, UTGST and IGST. So all taxes will be included in the value for the purpose of GST except where benefit of Pure agent as provided in Rule 33 of CGST Rules, 2017 is availed.

Question47 Provisions of Notification no. 7/2017 are applicable under CGST only. Kindly clarify whether provisions of notification no. 7/2017 will be applicable for SGST ACT, IGST ACT and UTGST ACT?

Answer Separate notifications are issued under SGST Act, IGST Act and UTGST Act.

Question48. Whether GST would be payable in case of demand of excise duty made upon finalization of provisional excise assessment in post GST period?

Answer Demands arising from finalization of provisional assessments under the Central Excise Act, unless recovered under the said Act, shall be recovered as an arrear of tax under GST Act.

Question49. What option shall be opted while clearing samples from factory to warehouse location:
a) No GST should be levied but corresponding ITC should be reversed
b) GST should be levied but GST (ITC) paid on samples cleared should be reversed at receiving warehouse location.

Answer Depends upon the location of the factory and warehouse. If both are located in the same State and not registered separately, no GST is to be charged. Once finally supplied to any other recipient, no GST is to be charged but ITC on the same is to be reversed.

Email FAQ's II

Levy

Question51 What is the taxable treatment of the services provided by a Service Provider in respect of such services which are covered under circular 25/2012-Mega Exemption Notification for Government, railways and other Departments? Such Services are exempt from Service Tax, hence who will bear the GST tax element of 18%, the Service Provider or the Principal Employer?

Answer. Exemption notification for services have been notified. Refer Not. No. 12/2017- Central Tax (Rate) & Not. No. 9/2017-Integrated Tax (Rate).

Question52 Normally the Service Provider does not issue invoice in Government Jobs. The Sectional /departmental engineers prepare the measurement books and record the details of work done on a subsequent date. Hence how Point of Service will be reckoned since the Service Provider does not raise the Invoice?

Answer. Time of supply of services has been explained in Section 13 of CGST Act. The supplier of services will have to issue a tax invoice within 30 days of supply of service (the measurement is finalized by the departmental engineers or service provider whichever is earlier.) In case of reverse charge , Govt. Dept. will raise invoice accordingly. [Refer Section 13(3)].

 Question53 In construction work, after raising of the Invoice, physical verification of the same is done by the Engineers of the Client and this work is delayed abnormally: in some instances the period taken goes up to two months, then how the Point of Service will be determined?

Answer. Time of supply of services has been explained in Section 13 of CGST Act. The date of issue of Invoice will the time of supply

Question54 Is it practically feasible that Service Provider submits an Invoice after execution of work and the Principal Employer makes arrangement for payment of the bill after three months whereas as per point of service rule, the Point of Service stands for one month from the date of issue of raise invoice or services whichever is earlier and the Service Provider has to pay Service Tax @ 18% on value of work done although he has not received any payment from the client till date?

Answer. Time of supply of services has been explained in Section 13 of CGST Act. The terms for payment do not decide the taxability of a particular transaction. So even if payment for a particular supply has not been received it will still be liable for GST.
 

Question55 Clarification is sought for the following:- 1. Intermediary services and services provided by Banking Company to its Account Holders – Intra-state or Inter-state supply?

Answer. Place of supply provisions in sub-section (12) of section 12 of IGST Act may be referred to.

 Question56 Is cross border service, provided by an Indian branch to an offshore branch/head office, zero rated under GST?

Answer.  No. Since in this case, the supplier of service and the recipient of service are merely establishments of a distinct person as per Explanation 1 of Section 8 of IGST Act, the service does not satisfy the definition of export of service as provided in Section 2(6) of the IGST Act. Therefore, such services cannot be zero rated under GST.

 Question57 Pure Agent – Issuance of a circular similar to CBEC Circular on STT/Stamp duty dated 17th Sept. 2010

 Answer. Detailed Rule provided. Pl see Rule 33 of CGST Rules.

Question 58 Charging of GST in case of travel by a passenger to beyond India's border viz., to Pakistan or Bangladesh?

Answer.  The place of supply is the place of embarkation for the continuous journey. If a passenger embarks at Amritsar for journey to a place in Pakistan, it is taxable because the place of embarkation is in the taxable territory.

Question 59 Levy of GST in respect of ticket booked in India if place of boarding is outside India?

 Answer. The place of supply is outside India but as the supplier is located in India, it is a case of inter-State supply and subject to IGST. It will be zero rated if the sale proceeds are realized in convertible foreign exchange.

Reverse Charge

Question60 If an Assessee pays GST on behalf of an unregistered supplier/SSI/exempted unit, will he be able to take Input Tax Credit of the GST paid on reverse charge basis ?

Answer. Yes, input tax credit of tax paid on reverse charge basis by the recipient is allowed to the recipient and the credit can be taken even in the same month.

Question 61 Whether, any Indian providing services to PayPal on contract basis is required to pay reverse charges on charges deducted by PayPal?

Answer.  It depends on the nature of charges deducted. The place of supply is outside India but as the supplier is located in India, it is a case of inter-State supply and subject to IGST. It will be zero rated if the sale proceeds are realized in convertible foreign exchange.

Question62 Under the new GST Act, the liability or payment of GST still with consignee or consignor?

Answer. Reverse charge mechanism has been provided in GST law for GTA and the recipient of GTA service ( he may be consignor or consignee) is required to pay GST. Notification No 13/2017-Central tax (rate) may be referred to.

Question63 Whether RCM is applicable on payments made for hiring of transport from unregistered GST traders?

Answer.  RCM under section 9(3) is applicable for GTA and not for transport of goods. Where the vehicle is taken on rent or lease , it will be supply of service under 9966 or 9973 and supply of service will be taxable under RCM under section 9(4).

 Question64 We are also paying small payments like unloading charges, detention charges and under miscellaneous payments to petty contractors. Is GSTN under reverse charge applicable for these payments?

Answer.  If you are not registered, payment on reverse charge under section 9(4) of CGST Act, 2017 is not required. That said, if such services availed fall within the domain of any service that is subject to reverse charge under section 9(3) of CGST Act, 2017 you have to get yourself registered and GST has to be paid.

Question 65 Can any unregistered transporter having a turnover below 20 lacks carry the goods for a registered dealer?

Answer.  Yes, GTA can carry the goods. GST on GTA services is liable to be paid on RCM basis by the recipient. The supply of services of goods transport by road transporter other than a GTA and a courier is exempted under Notification No. 9/2017- Central Tax (rate).

 Question66 Whether reimbursement of expenses to staff comes under RCM?

Answer.  Re-imbursement is an expense in the course or furtherance of business and if the same is against a taxable supply taken from an unregistered supplier, RCM will apply.

 Question67 Whether tax under RCM is applicable for expenses incurred towards doctor sponsorship programme?

 Answer. As per notification no. 13/2017-Central Tax (Rate), Sl. No. 4 sponsorship to anybody Corporate/Partnership firm comes under RCM.

 Registration

 Question68 Do dealers having turnover below Rs. 20 lakhs need to compulsorily register if they are supplying through online portals like Amazon?

Answer. Yes, as per Section 24(ix) of the CGST Act 2017, persons who supply goods or services or both, other than supplies specified under sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52, shall be compulsorily required to register under the Act.

Question69 Does a Medical Service Provider needs to get registered under GST if his aggregate turnover (u/s 2 (6) is more than Rs. 20 Lakhs but has taxable supply of only an amount of Rs.2.4 Lakh p.a.?

Answer. Yes, he should get registered and also pay GST on taxable supply.

Question70 Whether the registration under GST is compulsory by Transport Service Provider.

Answer.  No, if the entire services supplied by the transporter are covered under the reverse charge mechanism under section 9(3).

 Question71 Will from 1/7/17, my corner kariyanawala charge me GST on goods or services depending on his turnover or both and give me an authentic/printed memo for purchases?

Answer. Liability for registration under GST arises if the aggregate turnover is more than Rs. 20 Lakhs. If the corner kariyanawla has turnover greater than Rs. 20 lakhs in the preceding financial year he is liable to be registered, charge GST and provide you an invoice for your purchase .

Question72 How will I know if his turnover is below Rs 20L and if he is exempt from GST and that he will not charge me any GST?

Answer.  Person having turnover over Rs. 20 lakhs will take registration and registration certificate will be displayed at a prominent location along with GSTIN on the name board. If you suspect that he has not taken registration, a complaint can be made and suo-moto registration will be given under rule 16 of CGST Rules, 2017.

Question73 Will all establishments display a certificate from government (displaying his turnover category) and their GST Registration No. which should appear on all his cash memos/bills?

Answer. Yes. For details, rule 18 of CGST Rules, 2017 may be referred to.

Question74 Does a trader who has turnover of less than 20 lakh and are selling on ecommerce websites, have to register for GST?

 Yes, if such e-commerce operator is required to collect tax at source. Please see Section 24 of CGST Act, 2017.

Question75 Can a trader whose account has been blocked by ecommerce portal apply for GST and still be eligible to sell for some period of time without GST, till they get their GST registrations completed?

Answer.  Supply can take place during the process of registration and revised invoices can be issued in accordance with the provisions of section 31(3) of the CGST Act, 2017.

Question 76 Do traders having turnover less than Rs. 20 Lakhs need to get registered under GST? If not, how can they purchase primary goods from other states without having GST Registration No?

Answer. Traders having turnover of less than Rs 20 lakhs can buy from other States also without registration except in case of those goods which are subject to reverse charge.

Question 77 Do I, a Mutual fund Distributor working in Delhi, need to register under GST, having income Less than Rs. 20 Lakhs but working for offices that are registered in Mumbai and have branch offices in Delhi?

Answer. If you are supplying services to the branch office in the same State, it will be intra-State supply and you will not be liable for registration. If you are making inter-State supply, you will be liable for registration and benefit of threshold exemption would not be admissible.

Question78 We are a private ltd. Co. having Head Office at Mumbai and Branch Office in Gujarat and U.P. dealing in products having Tax Rate @0% dealing intra state and interstate supply: Since the products are 0% GST products are we require to register under GST if turnover is above 20 Lakhs?

Answer. No

Question 79 We are purchasing from Haryana and selling in Haryana and also interstate sales. Currently we do not have any GST registration in Haryana. Since the Product is 0% GST are we suppose to register in Haryana?

Answer. No. Registration is not required as you are dealing exclusively in products that are wholly exempted.

Question80 We are paying freight charges to our GTA for which currently we are paying service tax at applicable rate. In case of GST what we understand is GTA is exempt from obtaining GST registration no. Are we required to pay GSTN @5% on freight for transportation of goods which are 0%. In case we are not required to obtain registration under GST if we are under 0% products how do we make payment for the same?

Answer. As you are business entity and availing GTA services you are liable to pay GST on GTA services on reverse charge basis and therefore liable to be registered. Section 24 of CGST Act, 2017 may be referred.

Question81 Please clarify the position of GST in case of licensed Tour Guides having registered office in one state but providing services Pan India?

 Answer. If the presence of tour guide is required in each State and he is supplying services from those States then registration requirement in each state would be there.

Question 82 If I already have a GSTIN, do I need to register separately as an Input Service Distributor?

Answer. Yes, as per Section 24(viii) of the CGST Act 2017, an Input Service Distributor is required to take separate registration under the Act.

Transition

Question83 How the deemed credit of available stock and Work in progress (WIP) to be availed by an Assessee ?

Answer. The provisions relating to deemed credit are contained in the proviso to section 140(3) of the CGST Act, 2017 and rule 117 (4) of the CGST Rules, 2017. ITC at the rate of 60% is allowed where the Central tax rate on goods is 9% or more; it is allowed at the rate of 40% in other cases. It is allowed only after the payment of applicable tax. It can be taken in the first six tax periods only. Deemed credit is allowed only to traders and not to manufacturers.
 

Question84 Is there any provision/ instruction under the CGST Act for taking/verifying the physical stock of the units as on 30th June 2017. It is pertinent to mention here that the Punjab Excise & Taxation department is undertaking the exercise of stock taking/verification of the units which were earlier registered with them. Matter may please be clarified.

Answer.  There is no such bar under the CGST Act, 2017.

Question85 Till the time E-way bill system is fully developed which documents/ procedure should be followed for inter-state supply of goods

Answer.  The goods can be transported with documents like tax invoice, bill of supply and delivery challan. Document as may be prescribed under Rule 138 of the SGST Rules, 2017 will also have to be carried by the person in charge of the conveyance.

 Question86 Government has allowed increase in MRP due to additional incidence of GST. Can it be done for stock lying with dealers & retailers or only for stock lying with manufacturer or importers?

Answer. The prices can be revised where the incidence of tax has increased under the GST. However, one should adhere to the requirements under other statutes like the Legal Metrology Act also.

Question 87 Does tax need to be paid on advances in hand as of June 30th for goods to be supplied from July 1?

Answer. No

Question88 Builder is demanding balance money due to tax rate changed under GST. Do we have to pay service tax on entire amount of registration under GST, also if abatement provided before GST is available or not?

Answer. GST is operational from 01.07.2017. Only on the balance amount GST will be applicable on future payments. For tax paid under the earlier law, section 142(11) of the CGST Act, 2017 may be referred to.

Question 89 How to avail credit on raw material and packing materials stored outside factory on which credit could not have been availed due to the specific restriction in the permission given by the Excise department?Whether these goods can be treated as “in-transit” and credit be availed under Section 140(5) within 30 days of GST implementation?

Answer. Goods can be treated in transit only when the same have not been received by the recipient which is not the case in this scenario.

 Question90 Clarity is needed on the period for which details of turnover needs to be given in Table 5(b) and 5(c ) of Form GST TRAN-1.

Answer. Period is given in the form itself i.e. 01.04.2015 to 30.06.2017.

Question91 The tax paid in excess in one month is allowed to be adjusted against the tax liability due for the next month. What would be treatment of such excess payment of tax (service tax/ VAT) for the last month prior to appointed date?

Answer. Under transitional provisions all such excess ITC and Cash can be carried forward and GST can be paid from this amount.

Question92 Will the facility of deemed credit of 60/40 percent of CGST under Rule 117(4) CGST Rules be available to  both traders and manufacturers?

 Answer. The facility will be available to all persons other than manufacturers or supplier of services.Proviso to Section 140(3) of CGST Act 2017 refers.

Question 93 There is a GST of 28% on a product of MRP Rs.100 and the costing price of that product is Rs. 90.90/- (taxable value + 14.5% VAT) so the taxable value of that product will be 79.38 and if the GST of 28% will be added to the amount without adding any profit then it will be 79.38+22.22(28% GST) and the total value of the product will be Rs.101.60/- which is higher than MRP. So how it will be sold at the value higher than the MRP?

Answer. MRP can be revised albeit with certain precautions and for only for certain time period. Press Note of Ministry of Consumer Affairs, Food & Public Distribution dated 04.07.17 may be referred to.

Question94 Section 16 of IGST Act, 2017 has a provision for Zero Rated supply under GST for supply of goods and services to SEZ Units – Need explicit clarity whether this also covers for supply of goods and services by one SEZ unit to another SEZ unit. E.g. Exchange levying fees and penalty to its trading members who are also IFSC Units.

 Answer. Yes, supply of goods and services by one SEZ unit to another SEZ unit would be considered zero rated supplies under section 16 of the IGST Act, 2017, which deals with zero rated supplies. Section 16 provides for zero rating of "supply of goods or services or both to a SEZ developer or a SEZ Unit". As supply in the question is to a SEZ developer or a SEZ unit, it is covered under section 16

Question 95 What shall be impact of tax on the works after 30.06.2017 for which tenders have been processed but acceptance letters not issued?

Answer. GST is payable on services supplied after 01.07.2017

Question 96 Certain fabrics were exempt from payment of central excise duty vide Notification No. 30/2004-CE dated 09-07-2004. This exemption was subject to the condition that the manufacturer has not availed Cenvat credit of duty paid on inputs. Thus the said exemption was not unconditional. Will ITC @40% of CGST be admissible to the taxable person in respect of such fabrics held in stock?

Answer. Yes, ITC would be admissible.

Miscellaneous

Question97 When would advance ruling applications submission begin?

Answer. The Government is in the process of constituting the Authority. It would be notified soon.

Question 98 When are the recommendations of the sector wise task force expected to be submitted to the GST Council. Can representations still be made to the sectoral task force?

Answer. Representation can be submitted to the sectoral working groups.

Question99 How will I know whatever GST I pay is really paid to government by various makers/sellers and not pocketed by the seller?

Answer.  Person, selling to you, would have purchased his products/inputs from some supplier. That supplier while filing his outward supply details
(GSTR1) will quote the GSTIN of the your seller. And he will have to accept the same in his GSTR2.Therfore the system captures the data of your seller. Action can be subsequently taken in case of evasion of tax.

 Question100 Is stock transfer possible without paying GST in case of takeover of a Partnership firm by a Private Limited Company

Answer. One has to see the conditions given in entry 4 of Schedule II of the CGST Act, 2017. If it is a supply as per this entry, it is taxable.