Question 30: With respect to Bond to Bond Transfer, we have the queries related to transaction already done before 24th November, 2017.

Please clarify on the following points :'  

            What to do for Invoices already raised as exempted sales in the form of Bill of supply.

'           What will be the document for GST credit to pass on to the Buyer on which date.

'           How to represent in the GSTR-1 already submitted for the month of July, 2017 as exempt sales.  Then how to take it in GSTR-1 for August onward.

'           Is it possible to make all correction from Exempt sale to Taxable sales in current month. It yes, what are mechanism and docs.

'           If decided to pay GST on such sales, the amount will be credited into our cash ledger and could not be adjusted against tax liability unless forms 3B             ( at present ) is revised with reversal of Exempted sales to Taxable sale.

'           The counterparties who supplied goods to us are not asking for GST on goods supplied till the date of circular. What are the obligation upon us '

'           Is there any case law deciding upon passing of benefit of doubt to the dealer / assessee in such type of case where the law was not clear till issue             of clarification circular.

Answer:  Our point wise reply is as follow  

Please   make it clear  what is bond to bond supply it is from custom ware house to SEZ or what because in case of bond to bond supply there will be no Tax.  

For all the earlier supply where you are failed to pay tax you can pay tax in current month for this you have to raise supplementary invoice and charge tax .  

 When you are filing GSTR 1 for the current month (month when  supplementary invoice  is raised) show all these amendments in Tile no 9.  

Your liability to pay tax is not concerned with the opinion or demand of the counterparts If you are liable then you have to pay tax .  

We would like to suggest that if in any case you are clear that tax is to be paid then it is better to pay it at the earliest because in case of late payment you will have to pay interest and penalty which your customer will not share and  the time limit regarding claiming of ITC as given in section 16(4) of  CGST Act may also create problem.  

This is not a case of benefit of doubt please don 't take that route even if some one is suggesting you. No lower authority is going to hear you even at the level of High court it may create a problem. (Reply dt. 18/12/2017)