FAQ ISSUED BY CBEC TOPIC-WISE
The Gooods and Services Tax Act,
2017 came into force in India
with effect from 1.7.2017.
The Central Government has issued
Press Release about the FAQ issued in CBEC portal and the press release and
Frequently Asked Questions with answers given by the CBEC were given below:
PRESS RELEASE
Dated 25th August 2017
To guide taxpayers in relation to GST
matters, CBEC has issued a range of
frequently asked questions related to GST law, procedures, tax rates, specific
industry
or sector. The information is
available
on CBEC
GST portal
http://cbec-gst.gov.in under Services section. Taxpayers can search for information using key words or a topic like
Textiles, Restaurants, Composition levy scheme, Registration procedure, Return filing, Job work, input tax credit
etc. For any further information taxpayers may reach out to CBEC twitter
handle, or help at cbecmitra.helpdesk@icegate.gov.in or 1800-1200-232.
Taxpayers may also
look for
latest information
on GST
at CBEC
portals
cbec.gov.in and cbec- gst.gov.in.
FREQUENTLY ASKED QUESTIONS AND ANSWERS
Registration
|
|||||
1
|
Does aggregate
turnover include value of inward supplies received on which RCM is payable?
|
Refer Section 2(6) of CGST Act. Aggregate
turnover does not include value of inward supplies on which tax is payable on
reverse charge basis.
|
|||
2
|
What if the dealer
migrated with wrong PAN as the status of firm was changed from proprietorship
to partnership?
|
New registration would be required as partnership
firm would have new PAN.
|
|||
3
|
A taxable person’s
business is in many states. All supplies are below 10 Lakhs. He makes an
Inter State supply from one state. Is he liable for registration?
|
He is liable to register if the aggregate
turnover (all India) is more than 20 lacs (Rs. 10 lacs in Special Category
States) or if he is engaged in inter-State supplies.
|
|||
4
|
Can we use provisional
GSTIN or do we get new GSTIN? Can we start using provisional GSTIN till new
one is issued?
|
Provisional GSTIN (PID) should be converted into
final GSTIN within 90 days. Yes, provisional GSTIN can be used till final
GSTIN is issued. PID & final GSTIN would be same.
|
|||
5
|
Whether trader of
country liquor is required to migrate to GST from VAT as liquor is out of GST
law?
|
If the person is involved in 100% supply of goods
which are not liable for GST, then no registration is required.
|
|||
6
|
Not liable to tax as
mentioned u/s 23 of CGST means nil rated supply or abated value of supply?
|
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.
|
|||
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?
|
A supplier of service will have to register at
the location from where he is supplying services.
|
|||
8
|
Whether aggregate
turnover includes turnover of supplies on which tax is payable by the
recipient under reverse charge?
|
Outward supplies on which tax is paid on reverse
charge basis by the recipient will be included in the aggregate turnover of
the supplier.
|
|||
9
|
If there are two SEZ
units within same state, whether two registrations are required to be
obtained?
|
SEZs under same PAN in a state require one
registration. Please see proviso to rule 8(1) of CGST Rules.
|
|||
10
|
Is an advocate
providing interstate supply chargeable under Reverse Charge liable for
registration?
|
Exemption from registration has been provided to
such suppliers who are making only those supplies on which recipient is
liable to discharge GST under RCM.
|
|||
11
|
When is registration
in other state required? Will giving service from Nasik to other state
require registration in other state?
|
If services are being provided from Nasik then
registration is required to be taken only in Maharashtra and IGST to be paid
on inter-state supplies.
|
|||
12
|
I have migrated under
GST but want to register as ISD. Whether I can apply now & what is the
procedure?
|
A separate & new registration is required for
ISD.
|
|||
13.
|
I have enrolled in GST
but I forgot to enter SAC codes. What should I do? The status is migrated.
|
The same can be filled while filing FORM REG-26
for converting provisional ID to final registration.
|
|||
14
|
I have ST number on
individual name and have migrated to GST.I wish to transfer this on my
proprietorship firm.
|
This conversion may be done while filling FORM
REG-26 for converting provisional ID to final registration.
|
|||
15
|
Please tell if rental
income up to 20 lacs attracts GST or attracts any other charge?
|
GST is leviable only if aggregate turnover is
more than 20 lacs. (Rs. 10 lacs in 11 special category States). For computing
aggregate supplies turnover of all supplies made by you would be added.
|
|||
16
|
If someone trades only
0% GST items (grains, pulses) then is it necessary to register for GST, if
the turnover exceeds ₹20 lacs?
|
A person dealing with 100% exempted supply is not
liable to register irrespective of turnover.
|
|||
17
|
Is it correct that
person dealing exclusively in NIL rated or exempt goods/ services liable to
register if turnover > 20/10 Lakh?
|
There is no liability of registration if the person
is dealing with 100% exempt supplies.
|
|||
18
|
If I register
voluntarily though turnover is less than 20 Lakhs, am I required to pay tax
from 1st supply I make post registration?
|
Yes, you would be treated as a normal taxable
person.
|
|||
19
|
Whether a separate GSTIN
would be allotted to a registered person for deducting TDS (he has PAN and
TAN as well)?
|
Separate registration as tax deductor is
required.
|
|||
20
|
Is separate
registration required for trading and manufacturing by same entity in one
state?
|
There will be only one registration per State for
all activities. But, you have the option to be registered as a separate
business vertical.
|
|||
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?
|
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.
|
|||
22
|
Is there any concept
of area based exemption under GST?
|
There will be no area based exemptions in GST.
|
|||
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?
|
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)
|
|||
24
|
How long can I wait to
register in GST ?
|
An unregistered person has 30 days to complete
its registration formalities from its date of liability to obtain
registration.
|
|||
25
|
What If I am not
liable to register under GST but I was registered under Service tax ?
|
You can apply for cancellation of Provisional ID
on or before 31st July 2017.
|
|||
26
|
When turnover of
agents will be added to that of the principal for registration?
|
No.
|
|||
27
|
If I am not an
existing taxpayer and wish to newly register under GST, when can I do so?
|
You would be able to apply for new registration
at the GST Portal gst.gov.in
|
|||
28
|
If I buy raw material
from supplier unregistered in GST, do I have to pay GST in RCM and can I
avail ITC of the same?
|
Yes, you have to pay GST via RCM. You can avail
ITC of the GST so paid if you are otherwise eligible.
|
|||
29
|
Can an unregistered
dealer supply goods to other States if his turnover is below Rs. 20 lakhs?
|
No. The supplier would be liable to obtain
registration in case of inter-State supplies irrespective of his turnover.
|
|||
30
|
Existing taxpayer
registering a branch office in another state comes under fresh registration
or under existing tax payer registration?
|
The registration in other State would come under
fresh registration.
|
|||
31
|
Is registration
necessary if only interstate supply of Nil rated goods is being made?
|
If exclusively making supplies of Nil rated
supplies, registration is not compulsory. Kindly refer section 23 of CGST
Act.
|
|||
32
|
Whether franchisor
company will have to take registration in each state where outlets are
located?
|
No, a franchisor company need not take
registration in a state where only its franchisee is located.
|
|||
33
|
If I’m starting new
business today, still need to get TIN and then apply for GST? Or can I
directly register with GST?
|
You may directly take GST registration on www.gst.gov.in
|
|||
34
|
A firm dealing
exclusively in exempted products has GST registration; does it need to file
return?
|
If registered, then you need to file returns. You
may choose to cancel your registration since you are dealing only in exempted
products.
|
|||
35
|
My all outward
supplies are export services. In this case is it compulsory to register under
GST?
|
Yes. Since, exports are zero rated, one needs to
register for GST to claim refunds.
|
|||
36
|
Can a person operating
two different companies with different names but with same PAN get two GST
registrations?
|
One PAN holder gets one registration in every
state, but he has the option of getting different registrations for different
business verticals.
|
|||
37
|
Whether job worker is
required to register? Whether composition scheme is available to a job
worker?
|
Job workers making taxable supplies above the
threshold aggregate turnover need to register. Composition scheme is not
available to job-workers. They, however, can avail benefit of section 143 of
the CGST Act.
|
|||
38
|
I am a service
provider with turnover of Rs. 50 lakhs in one state only. Am I eligible for
the composition scheme?
|
Service providers, except restaurants/caterers,
are not eligible for composition scheme.
|
|||
39
|
I am an ice cream
manufacturer with sales in one state only. Can I avail the option of
composition?
|
No. The following three classes of persons,
namely
- Ice cream and other edible ice, whether or not containing cocoa.
- Pan masala
- All goods, i.e. Tobacco and manufactured tobacco substitutes are not
eligible for benefit of composition scheme.
|
|||
40
|
If I register under
the composition scheme, can I opt out of it later? What happens to my stock
if I do so?
|
Those availing composition can exit and opt for
normal tax scheme anytime. They would be eligible for ITC on stocks available
on the date of switchover in terms of section 18(1)(c ) of CGST Act, 2017.
|
|||
41
|
Can I register as a
normal taxable person now and avail of the composition scheme later?
|
You can opt for composition scheme from the
beginning of the next financial year on submitting the option to avail
composition scheme before beginning of the financial year. It may please be
noted that composition scheme cannot be availed from the middle of a
financial year.
|
|||
42
|
I have registered as a
composition dealer. If my turnover crosses Rs. 75 lakhs, can I continue in
the scheme for the remaining financial year?
|
No, taxpayer becomes ineligible for composition
scheme on the day the turnover crosses Rs. 75 lakhs.
|
|||
43
|
If I was registered
earlier but am not required to register under GST, what to do about
provisional ID and accumulated ITC?
|
Please apply for cancellation of registration
under Section 29(1) of the CGST Act, 2017 read with Rule 24(4) of CGST Rules,
2017. You will be required to calculate and pay ITC availed on goods held in
stock on the date of cancellation of registration.
|
|||
44
|
I was registered under
Central Excise or Service Tax, but could not migrate and therefore have taken
a new registration. Will I be eligible for transitional credit?
|
In your new registration application, if you have
referred to your past registration no. of Central Excise or Service Tax, you
will be eligible for transitional credit under Section 140 of CGST Act, 2017
read with Rule 117 of CGST Rules, 2017.
|
|||
45
|
I have migrated and
received provisional ID but not GSTIN, how do I supply goods or services or
both?
|
Provisional ID (PID) will be your GSTIN. You can
supply goods or services or both specifying PID as your GSTIN on Invoice.
|
|||
46
|
I have not received
ARN or have received ARN but not GSTIN, how do I supply goods or services or
both?
|
You can supply goods or services or both on bill
of supply without mentioning GSTIN and/or ARN. On receipt of GSTIN, you will
need to issue revised invoice mentioning GSTIN. You are required to reflect
this supply in your return and also pay tax thereon.
|
|||
47
|
I am a supplier of exempted
goods based out of Delhi and procure raw material from Kerala. My supplier
from Kerala insists that I have to be registered in Delhi for procurement of
Inter-State goods. Is he right ?
|
No, if you are dealing in 100% exempted supplies
you are not liable to be registered in GST. There is no requirement of
registration for making inter-state purchases.
|
|||
48
|
Is GST registration
mandatory for small retailers to buy from dealers/wholesalers?
|
There is no such requirement under GST law.
|
|||
Refund
|
|||||
49
|
I have a pending
export refund in Service Tax. What will happen?
|
Refunds under earlier laws will be given under
the respective laws only
|
|||
50
|
As an exporter, how do
I ensure that my working capital is not blocked as refunds?
|
Appropriate provisions have been made in the law
by providing for grant of 90% refund on provisional basis within 7 days from
filing of registration.
|
|||
Cess
|
|||||
51
|
What will be the
impact of GST on coal? Will the clean energy Cess on coal go or will it stay?
|
Clean Environmental Cess on coal will be replaced
by GST Compensation Cess.
|
|||
Composition
Scheme
|
|||||
52
|
Suppose I am in
composition scheme in GST. If I purchase goods from unregistered person, then
GST will be paid to Government by me or not?
|
Yes, you will be liable to pay tax on reverse
charge basis for supplies from unregistered person.
|
|||
Customs
|
|||||
53
|
What duties will be
levied on import of goods?
|
Customs duty and cess as applicable + IGST+ GST
compensation cess. IGST and GST compensation cess shall be paid after adding
all customs duty and customs cess to the value of imports.
|
|||
Exports
|
|||||
54
|
Present Procedures
have Service Tax on Nepal, But no Goods Tax on Nepal. But, With GST, what tax
will apply?
|
The export procedure for Nepal would be same as
that to other Countries.
|
|||
55
|
Are there exemptions
for SEZ? How will a SEZ transaction happen in GST regime?
|
Supplies to SEZs are zero-rated supplies as
defined in Section 16 of IGST Act.
|
|||
56
|
How would the sale and
purchase of goods to and from SEZ will be treated? Will it be export / input?
|
Supply to SEZs is zero rated supplies and
supplies by SEZs to DTA are treated as imports.
|
|||
57
|
Please clarify status
of international export freight under GST as the same was exempt under POPS
rules. It is zero rated in most countries.
|
POS for transport of goods determinable in terms
of sec 12(8) or sect 13(8) of IGST Act, 2017, depending upon location of
service provider/service receiver. Exports are treated as zero rated
supplies.
|
|||
58
|
When goods are being
imported from SEZ who will pay IGST?
|
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.
|
|||
59
|
Who will pay IGST when
goods are procured from SEZ? Today importer is paying both BCD and CVD.
|
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
|
|||||
60
|
Is SGST of Rajasthan
charged by supplier on purchase from Rajasthan can be utilize for payment of
SGST in Madhya Pradesh?
|
SGST of one State cannot be utilized for
discharging of output tax liability of another State.
|
|||
61
|
How one can use SGST
credit for the payment of IGST on another state?
|
SGST Credit can be used for payment of IGST
liability under the same GSTIN only.
|
|||
62
|
Can one State CGST be
used to pay another state CGST?
|
The CGST and SGST Credit for a State can be
utilized for payment of their respective CGST/SGST liabilities within that
State for the same GSTIN only.
|
|||
63
|
In case of service
supplied, should the credit be given to the state where it is billed or the
state it is rendered?
|
Tax will be collected in the State from which the
supply is made. The supplier will collect IGST and the recipient will take
IGST credit.
|
|||
64
|
Company is engaged in
manufacturing of cement & power. Which rule to be referred for reversal
of credit related to power business?
|
Detailed rules for reversal of ITC when the
supplier is providing exempted and non-exempted supplies have been provided
in ITC Rules.
|
|||
65
|
How will the credit /
debit note from unregistered supplier be reported to GSTN and ITC claimed in
the same?
|
Like invoice, credit/debit notes on behalf of
unregistered person will be given by registered person only. Further, GSTR2
provides for reporting of same by the recipient.
|
|||
Invoice
|
|||||
66
|
A shop sells taxable
& exempt products to the same person (B2C), is it required to issue tax
invoice and bill of supply separately?
|
In such a case the person can issue one tax
invoice for the taxable invoice and also declare exempted supply in the same
invoice.
|
|||
67
|
Do registered dealers
have to record Aadhaar/PAN while selling goods to unregistered dealers?
|
There is no requirement to take Aadhaar / PAN
details of the customer under the GST Act.
|
|||
68
|
All expenses like
freight / transport / packing which are charged in Sales Invoice are taxable
in GST? How to charge in bill?
|
All expenses will have to be included in the
value and invoice needs to be issued accordingly. Please refer to Section 15
of CGST Act and Invoice Rules.
|
|||
69
|
Can we move
construction material to builders on delivery challan and issue tax invoice
post completion of activity?
|
If the goods are meant to be supplied in the
course of construction an invoice is necessary. If the goods are tools which
are to be used for construction then delivery challan should be issued.
|
|||
70
|
How to treat following
transaction in GST (i) Delivered supply shortages in Transit. (ii) Customer
gets less quantity and pays less.
|
The supplier may issue credit note to the
customers.
|
|||
71
|
Should we issue Self
Invoice for GST liability discharge on RCM or GST can be discharge through
expenses booking voucher?
|
For RCM liabilities tax invoice has to be issued
on self.
|
|||
Returns
|
|||||
72
|
What would be done on
tax paid on advance receipt if advance has to be refunded in any circumstance
|
Advance refunded can be adjusted in return.
|
|||
73
|
Do registered dealers
have to upload sale details of unregistered dealers also in GST?
|
Generally not. But required in case of
inter-State supplies having invoice value of more than Rs 2.50 Lakhs.
|
|||
74
|
How to incorporate two
supplies in return for Pharma with same HSN code of four digits but having
different tax rates?
|
Returns provide for furnishing rate wise details.
|
|||
Supply
|
|||||
75
|
Should we discharge
GST liability for all reverse charge having small amounts of Transaction or
any amount limit is there?
|
It has been decided that Rs. 5000/- per day
exemption will be given in respect of supplies received from unregistered
person. For supplies above this amount, a monthly consolidated bill can be
raised.
|
|||
76
|
What is treatment of
promotional item given free to end consumers by FMCG companies?
|
Tax will be charged only on the total
consideration charged for such supply.
|
|||
77
|
How to comply with
9(4) of CGST Act if POS is in another State of the unregistered supplier
|
Any person making inter-state supply has to
compulsorily obtain registration and therefore in such cases, section 9(4)
will not come into play.
|
|||
78
|
Under supply from
unregistered dealer the purchaser have to pay GST on RCM basis.so whether
stipend paid to intern will also come under RCM?
|
Stipend paid to interns will be employer-employee
transactions. Hence, not liable for GST.
|
|||
79
|
Salary by partnership
firm to Partners as per Income Tax Act liable to GST?
|
Salary will not be liable for GST.
|
|||
80
|
Sec 9(4) of CGST Act
2017. Do I need to pay under RCM if I purchase stationary worth Rs.100 from
an unregistered stationery shop?
|
It has been decided that Rs. 5000/- per day
exemption will be given in respect of supplies received from unregistered
person.
|
|||
81
|
What is the treatment
of promotional item given free to end consumers by FMCG companies? If
taxable, whether ITC is allowed?
|
Tax is payable on consideration received for the
supply and ITC will be available accordingly.
|
|||
82
|
Whether GST will be
leviable in case of returnable packing material like drums supplied with
finished goods?
|
GST will be levied on the value charged for the
supply only.
|
|||
83
|
How will disposal of
scrap be treated in GST?
|
If the disposal is in the course or furtherance
of business purposes, it will be considered as a supply.
|
|||
84
|
I am from MP and
providing service to a customer in Maharashtra. I outsource the work to a
service provider in Maharashtra, what tax i need to charge?
|
Generally these will be two supplies where the
supplier from MP will charge IGST from the recipient in Maharashtra. Whereas,
the service provider in Maharashtra will charge IGST from the recipient in
MP.
|
|||
85
|
If address of buyer is
Punjab and place of supply is same state of supplier (Rajasthan), then IGST
will apply or CGST/SGST?
|
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.
|
|||
86
|
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
|
Three levies are under three different statutes
and are required to be separately accounted for.
|
|||
87
|
What is the difference
in between 'Nil rated', 'taxable at 0%' and exempted goods and services?
Especially in relation with ITC
|
Exempt supply includes Nil rated (taxable at 0%)
and non-Taxable supplies and no ITC is available for such supplies.
|
|||
88
|
Will professional tax
will be abolished in Maharashtra after introducing of GST?
|
Professional tax is not a tax on supply of goods
or services but on being in a profession. Professional tax not subsumed in
GST.
|
|||
89
|
Employer provides bus
service, meal coupon, telephone at residence, gives vehicle for official and
personal use, uniform and shoes, any GST?
|
Where the value of such supplies is in the nature
of gifts, no GST will apply till value of such gifts exceeds Rs. 50000/- in a
financial year.
|
|||
90
|
The definition of
composite supply and the description of same under Section 8 differ. Please
explain consequences.
|
Section 2(30) defines what will be considered as
a composite supply. Whereas, Section 8 provides that in case of a composite
supply, the treatment for tax rate etc. will be that of principal supply.
|
|||
91
|
Whether slump sale
will attract GST. If yes then under which Section?
|
It will have the same treatment as normal supply.
|
|||
92
|
Salary by Partnership
firm to Partners as per Income Tax Act liable to GST? Partners are not
employees of the firm.
|
Salary will not be leviable of GST.
|
|||
Transition
|
|||||
93
|
How do I avail
transition credit ?
|
Transition credit can be availed by filing the
respective forms under Transition rules.
|
|||
94
|
Please provide the
clarity on area based exemption 50/2003 in UK & HP.
|
Area based exemptions will not be continued under
GST. It will be operated through the route of reimbursement as prescribed.
|
|||
95
|
We manufactured
excisable goods. But unit availed the exception benefits 50/2003. What about
my dealers stock?
|
The dealer will get deemed credit @ 40% / 60% of
the CGST paid on supply of such goods in GST. If the goods are branded and
greater than Rs. 25,000, full credit using CTD can be availed.
|
|||
96
|
A trader buys from
manufacturer not registered in excise as his turnover is below 1.5cr. Then in
such case can trader take ITC on stock up to 40%?
|
Yes deemed credit will be available subject to
satisfaction of other conditions as prescribed.
|
|||
97
|
I am a trader. I have
excise paid purchase invoice. Whether I can claim credit of full excise duty
on closing stock of 1st July 2017
|
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.
|
|||
98
|
If a trader purchases
directly from manufacturer & has documents showing excise, will he get
full excise credit or 40% of CGST?
|
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.
|
|||
99
|
If a FSD (First Stage
Dealer) purchases directly from manufacturer and has value cum excise duty
and excise duty is not separately shown will he get full credit?
|
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.
|
|||
100
|
Is the full excise
credit also available to traders who purchases directly from manufacturers
and excise is separately shown in invoice?
|
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.
|
|||
101
|
In June 17 Vat return
no amount carried forward & held stock of Rs. 50 lakhs. Then can we take
credit of that stock or not?
|
The supplier would be eligible to carry forward the
closing balance of ITC from VAT return for June 17.
|
|||
102
|
What will be the
impact of closing stock which has been already paid vat on 1st July?
|
The supplier would be eligible to carry forward
ITC on such stock from VAT return for June 17.
|
|||
103
|
If in Vat return
refund claimed in June 17 & no balance credit in GST. Then what's the
position of submission of Form C
|
Refund claimed under existing law will be handled
as per the provisions of the existing law. Form C to be submitted in terms of
provision of Rule 1(1) of Transition Rules of the respective State SGST
Rules.
|
|||
104.
|
Some service was
provided on 28.06.2017 but Invoice will be raised on 05.07.2017. Whether we
have to charge Service Tax or GST?
|
If Point of Tax arises after appointed date, then
GST will be chargeable on such supply.
|
|||
105
|
Would we be eligible
for credit on Capital Goods in transit and received post GST?
|
No provision for such credit is there in GST law.
|
|||
106
|
What about VAT balance
pending on transition date?
|
Balance VAT credit in the return will be
transferred as SGST Credit.
|
|||
107
|
What about deemed
export against Form H?
|
Form H will not be there in GST.
|
|||
108
|
Who will bear tax
difference on closing stocks as on 30th June 2017? Whether the
manufacturer/dealer or government?
|
Closing ITC in VAT return will be allowed to be
carry forward in GST.
|
|||
109
|
How will we get input
credit on stock in hand for spare parts billed from other state, excise, CST
and entry tax paid?
|
For all inputs with duty paying documents
available respective CGST / SGST credit will be available. But credit of CST
will not be available.
|
|||
110
|
A trader buys from
manufacturer not registered in excise as his turnover is below 1.5 crore.
then in such case can traders take ITC on stock up to 40%
|
Deemed Credit will be available on stock in hand
provided the conditions of section 140(3) read with Rule 1(4) of Transition
Rules are satisfied.
|
|||
111
|
Whether we will be
eligible for credit of duty paid on Capital Goods in transit and received
post GST?
|
No such provision in GST.
|
|||
112
|
Can ITC of Swach
Bharat Cess or Krishi Kalyan Cess be carried forward under GST?
|
No
|
|||
113.
|
Will Clean Energy CESS
on imported Coal @ Rs. 400 PMT continue to be applicable in GST?
|
No. Clean Energy Cess is being repealed. Coal,
however, will be subject to compensation cess @ Rs 400/- per tonne.
|
|||
114
|
Whether closing
balance of edu cess and secondary higher education cess prior to 1st Mar 2015
can be carried forward in GST?
|
No it will not be carried forward in GST as it is
not covered by definition of “eligible duties and taxes” under Section 140 of
the CGST Act.
|
|||
115
|
Can u clarify for 40℅
benefit on closing stock does 1 year limit apply or not ?
|
Deemed credit will be available for all stock
procured within a 1 year period.
|
|||
116
|
Till what time is
transition credit available? Where do I need to declare my input stock?
|
The window to declare transition credit forms is
three months from the appointed day. Please refer to transition rules for
more details.
|
|||
117
|
After implementation
of GST, will EOU scheme continue or not?
|
GST has no special dispensation for EOUs. As to
whether they exist for any other purpose may be seen from the FTP.
|
|||
118
|
I was unregistered in
excise before and now in 18% slab? Can I take credit of stock if I don’t have
invoices?
|
Deemed credit will be available to you for stock
as duty paying documents are not available, subject to provisions of section
140 (3) of the CGST Act, 2017 read with Rule 140(4) of CGST Rules, 2017.
|
|||
119
|
I enjoyed SSI
Exemption in Excise and did not register; how do I now take credit of stock
lying with me?
|
Credit may be availed on the basis of document
evidencing payment of duty on inputs as per section 140(3) of the CGST Act,
2017 read with Rule 140(4) of CGST Rules, 2017.
|
|||
120.
|
For textile trader or
manufacturers, with input stock without payment of excise duty but GST being
charged on final sale, shall we get credit of such stock?
|
Credit of stock which was unconditionally exempt
from excise duty or was NIL rated shall not be available. Please see Rule
117(4) of the CGST Rules, 2017.
|
|||
121
|
Can a spice
manufacturer take ITC of central excise paid on packing material lying in
stock as on 30/06/17?
|
If he has duty paying documents then he will get
full credit of central excise duty paid on stock held by him.
|
|||
122
|
I made booking for
hotel for a trip in October. Invoice raised already. Would I need to pay GST
if payment will be done on 15 July?
|
If the invoice has been raised and payment made
before the 1st of July 2017 then GST will not be applicable.
|
|||
123
|
If rent received in
advance before appointed day and person not liable to service tax then does
RCM liability arise?
|
The liability of RCM under GST will arise only
after 1st of July 2017.
|
|||
124
|
Is there any format
for invoice under GST? If yes, please provide the link of the same.
|
No there is no particular format. Rule 46 of the
CGST Rules, 2017 prescribes the particulars to be contained in Invoice.
|
|||
125
|
Whether from 1st July
sequence of invoice no. will change? Or can we follow the same sequence?
|
Same sequence can be followed provided conditions
laid down in Section 31 of the CGST Act, 2017 read with Rule 46 of CGST
Rules, 2017 are met.
|
|||
126
|
Whether existing UT-1,
Bond will suffice? Whether existing ARE 1 form will exist?
|
Circular No. 4/4/2017-GST dated 07.07.2017 has
clarified that the existing Bonds/LUTs shall be valid till 31.07.2017 after which
the Bonds/LUTs shall have to be executed in the newly prescribed formats. New
formats of bond and LUT have been prescribed under Rule 96A of CGST Rules,
2017.
ARE-1 procedure is being dispensed with except in respect to commodities
which continue to attract Central Excise duty.
|
|||
127
|
Can we get ITC for
capital expenditures like vehicles, solar panels etc for company use?
|
ITC on capital goods is generally available if
they are used in the course or furtherance of business. However, credit is
not available on cars, unless you are in a business of imparting driving
training, or supplying such cars. A list of item on which ITC is not
available is provided in Section 17 of the CGST Act, 2017.
|
|||
128
|
If my turnover is less
than 1.5 crores, do I need to mention HSN code on my invoice?
|
Specifying HSN code on invoice is optional for
taxpayers having turnover upto 1.5 crores.
|
|||
129
|
We are Excise
registered dealers and have stock older than 1 year for which Excise is paid.
Will we get Input tax credit?
|
You will be entitled to carry forward closing
balance of CENVAT credit shown in your last return filed under Central Excise
Act.
|
|||
130
|
I was unregistered
earlier. Now I want to register under composition scheme. Can I take ITC of
my duty paid stock?
|
No, a person registering under the composition
scheme cannot take ITC on inputs.
|
|||
131
|
I have Excise
registration. I now want to migrate using composition scheme. What is to be
the treatment of ITC?
|
Not eligible for ITC under composition scheme.
Your ITC lying in balance will lapse.
|
|||
132
|
I paid for a service
in June 2017 but am likely to receive the service in August 2017. Can I avail
ITC for the same?
|
Credit on such inputs services will be allowed
subject to satisfaction of conditions prescribed in Section 140 (5) of the
CGST Act.
|
|||
133
|
For taxpayers with
centralized registration under Excise/ST, what is to be treatment of CENVAT
after migration?
|
CENVAT credit lying in balance in the return
filed for period upto 30.06.17 is to be allowed as CGST credit as per Section
140(8) of the CGST Act, 2017 read with Rule 117(2) of CGST Rules, 2017.
|
|||
UTGST
|
|||||
134
|
Will there be GST in
A&N Islands as previously there was no VAT
|
Yes. For supplies within A&N, CGST plus UTGST
would be leviable.
|
|||
Others
|
|||||
135
|
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?
|
IGST shall be levied only once on imports.
|
|||
136
|
Will Krishi Mandi Fee
(imposed in U.P.) be waived off in GST?
|
GST does not concern such fee so GST does not
affect it.
|
|||
137
|
Is E-Way Bill
applicable from 1st July 2017
|
The present system for E-way Bill in States to
continue, till the E-Way Bill procedures are finalized.
|
|||
138
|
Is there a sunset
clause for Anti-Profiteering law?
|
Yes, the sunset clause for Anti-profiteering
Authority is of two years.
|
|||
139
|
Which documents should
be used in case of inter-state supply of goods until e-way bill rules are
notified?
|
The documents specified under Rule 48 of the CGST
Rules, 2017 may please be referred. Triplicate copy of invoices for supply of
goods and duplicate copy of invoice for supply of services may be used.
|
|||
140
|
If I use my credit
card to pay utility bills, will I end up paying GST twice; once for the
service and second time for the credit card bill?
|
No, GST is not leviable on the entire credit card
bill; it is charged only on the fee/commission charged by the credit card
company.
|
|||
141
|
We currently transport
material on delivery challan and make a single bill at the end of the month.
Can the same be done under GST?
|
If on every instance you are making a supply then
an invoice needs to be issued. For any other movement of goods other than
supply (as specified in Rule 55 of CGST Rules, 2017), a delivery challan may
be issued.
|
|||
142
|
Will service charge,
as charged by some restaurants, be treated as consideration for a supply and
hence considered liable for tax?
|
There is no distinction between goods or services
under GST. Service charge like any other supply will be leviable to GST. It
is also clarified that service charge is not a statutory levy. It is not
levied by the Government.
|
|||
143
|
What to do with stock
lying with me on 1.07.2017. Do I need to charge GST?
|
Yes, you need to charge GST but you can use
transition credit, if available on the said goods.
|
|||
144
|
I am a small manufacturer
who supplies cycle parts to two manufacturing units in the same area. For
every supply, I generate an invoice and take 500 Rs. flat for cartage and
loading charges. What tax rate to be charged on the cartage and loading
expenses?
|
This will be a composite supply where the
principal supply (the goods) cannot be supplied without the cartage /
unloading / transportation expenses. Therefore, the GST rate applicable will
be the same as that of the principal supply, i.e, cycle parts, as provided
under Section 8 of the CGST Act, 2017.
|
|||
145
|
I run a restaurant
where I serve alcohol and provide food etc. How do I generate my invoices.
What will attract GST and what will attract VAT?
|
Since, you are providing both taxable and
non-taxable supply. You will charge VAT on the non-taxable supply (which is
alcohol for human consumption) and GST on all other taxable supplies.
|
|||
146
|
In big bazaar, if I
purchase some vegetables and one bottle of coke where one of them is exempt
and the other is to be charged with 40% GST. Will I be charged 40% on the
whole amount?
|
No, these are two independent supplies at two
different prices, they will be charged at the GST rate applicable to them
even if they are purchased on the same invoice.
|
|||
147
|
I am going to a
jewelry shop and selling 10 gm gold and purchasing a 20 gm set in return. GST
will be charged on 10 gm or 20 gm?
|
The value to be charged on such transaction will
be the open market value of the entire transaction as per Rule 27(a) of the
CGST Rules, 2017. Therefore, GST be charged on entire 20 gm.
|
|||
148
|
As a composition
dealer, will I have to issue a self invoice if I purchase goods from an
unregistered person?
|
Yes, a composition dealer will issue a self
invoice as he is required to pay GST. He will not be eligible for ITC also.
|
|||
149
|
Can I use my CGST/SGST
credit to set off my IGST liability?
|
CGST credit can be first used to set off CGST
liability. Whatever is left can be used to set off IGST liability. It cannot
be used to set off SGST liability. Similarly, SGST credit can be used to set
off SGST and IGST liability, in that order. It cannot be used to set off CGST
liability. Please see Section 49 of the CGST Act, 2017.
|
|||
150
|
Can tax paid in one
state be used as ITC by the same firm in another state?
|
No, if a firm is registered in more than one
state, then each such registration will be treated as a separate registered
person. Cross utilization of credit available with two different registered
persons is not allowed.
|