FAQs on GST

Q : Would an ISD require to obtain registration for each state?

A : Input Service Distributor is required to obtain compulsory registration under GST in a state or Union territory from where he makes a taxable supply of goods or services or both. Thus, he is not required to obtain registration in the State/Union territory to where he is distributing the credit.

Q: Supplies to Export Oriented Unit whether it is needs to be accounted as Deemed Export or Zero rated supply.

A: Only supplies made to SEZ has been notified as Zero rated supply. Supplies to EOU has not been notified under Zero rated supply so it shall be treated as normal taxable supplies.

Q: My client is a manufacturer of some food product and he is also supplying the same in his restaurant so under composition scheme he has to pay 5 % as a service provider or as a manufacturer 1%.

A: If you are supplying the food product in packets to the customers, then it will be considered as manufacture and accordingly, 2% GST rate will apply. However, if supply bhajiya to the customers in your restaurants, then 5% GST shall be applicable.

Q: Our company have input credit on Excise and Vat of the end of June 17 , Shall we adjust closing balance input credit in July , i.e, GST month sale. If yes please advice us the procedure to follow . We have received an order from our chennai ( local ) customer , but material deliver to chattisgarh . In this transaction IGST will applicable or SGST and CGST applicable ?

A:

1. ITC in case of stock held as on 30th june, 2017 can be claimed by filing Form Tran-1 wherein all the details of ITC and stock shall be disclosed. After filing of Form Tran-1 the electronic credit ledger shall be credited. The said ITC shall be utilized at the time of filing of GSTR-3.
2. Since the goods are received in Chattisgarh so the place of supply shall be Chattisgarh therefore it shall be treated as an inter state supply and IGST shall be charged.

Q: What is difference between Works Contract or Mixed Supply?

A: Works contract means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract. Further, mixed supply means two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply. Illustration. A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry fruits, aerated drinks and fruit juices when supplied for a single price is a mixed supply. Each of these items can be supplied separately and is not dependent on any other. It shall not be a mixed supply if these items are supplied separately.

Q: Company A manufactures fertilisers and B is the agent. B receives 1 Metric Ton (MT) from A priced at 1 lakh. B sells the same to end customers for a total consideration of 1,10,000. 10,000 is the commission B is getting here. So, the questions are: 1. What will be the aggregate turnover for A, 2,10,000 or 1,10,000? 2. If it is 2,10,000, then why?

A: The aggregate turnover of A shall be taken as Rs. 2,10,000 because aggregate turnover includes all supplies made by the person, whether on his own account or made on behalf of his agent. Thus, the turnover of agent will be included in the turnover of principal.

Q: I have VAT credit on my closing stock of goods.Can I claim it as refund in my or can I carry it forward and set it off against my upcoming GST liability.

A: VAT credit can be claimed by you in respect of closing stock held as on 30th June. For claiming the same you are required to file Form Tran-1 . You can claim 100% of the VAT credit provided you have filed all the returns required under the existing law for the period of six months immediately preceding the appointed date.

Q: I am an exporter of service and the service is fully exempt from tax but I am paying GST on input service. Can I claim refund of input tax credit.

A: In case of export, tax paid on the input service can be claimed as refund under GST.

Q: If a person only deals in exempted product having their own brand then does it require registration

A: If a person only deals in exempted supplies and no taxable supplies then no registration is required to be obtained.

Q: What if a person sells his pre-owned car of Rs. 25 lacs to a dealer of second hand cars, will he be covered under casual taxable person and does he needs to deposit the tax?

A: The sale of car will be treated as supply under GST and accordingly registration is required. If you are not engaged in any other supplies, then you can take registration as a casual taxable person. The registration of casual taxable person will be valid for the period of 90 days only.

Q: In GST only the Radio taxi or passenger transport services provided through electronic commerce operator are under RCM. So what about Rent-a-cab services provided by a person other than electronic commerce operator? What is GST rate and HSN code?

A: If e-commerce is not involved in the transportation of passenger service, then reverse charge is not applicable in this case and the supplier i.e. the person who is supplying the renting of cab service is required to pay GST accordingly. Further, GST rate in case of Renting of motorcab is 5% with no ITC is applicable.

Q: Is composition dealer liable to pay Reverse charge in addition to fixed percentage of normal GST that he has to pay ?

A: If reverse charge is applicable on a particular supply then the composition dealer has to pay GST under reverse charge as a recipient of supply at normal GST rates as applicable.

Q: Whether Agent or brokers need to compulsorily register GST or limit of 20 lakhs is applicable for them.

A: Under GST, registration is compulsory for persons who make taxable supplies on behalf of other persons as an agent. Thus, you are compulsorily required to obtain registration under GST irrespective of your turnover. It means that if an agent is making a taxable supply on the behalf of his principal, then he is compulsorily required to obtain registration under GST even if his turnover is less than Rs. 20 lakhs. Thus, if you work as an agent, then registration under GST is mandatorily required.

Q: If an association is collecting monthly subscription of Rs.less than 5000 p.m per member but the aggregate turnover is more than Rs.20 lakhs whether GSt is applicable. Whether GST applicable on sinking fund, corpus fund and recovery of piplelined gas charges from residents on the basis of meter readings?

A: Under GST regime, even if the reimbursement of charges upto Rs. 5000 are exempt under GST, but still the exempted supplies will be covered for calculating the aggregate turnover. Thus, registration under GST will be required and the reimbursement upto Rs. 5000 shall be exempt under GST. Further, if the charges are collected in the capacity of pure agent, then no GST shall be leviable, otherwise, GST shall be payable in this case.

Q: We provide export services. We need to issue Tax invoice to customer or bill of supply?

A: Exports are classisfied as zero-rated supplies under GST.These are not exempted services therefore tax invoice is required to be issued in case of export of services.

Q: In case of transfer of business as a going concern, what will happen to input tax credit in the books of transferor? Will it be treated as supply and GST charged on supply of assets and stock or will it be transferred without charging any GST?

A: In case of transfer of business, input tax credit which remains unutilized in the electronic credit ledger of the the transferor shall be transferred in the electronic credit ledger of the transferee. Tranfer of assets shall be treated as supply and GST shall be levied on it.

Q: Is GST applicable for the person whose is vegetable commision agent.

A: The services provided by a commission agent for sale or purchase of agricultural produce are exempt under GST therefore no registration is required to be obtained.

Q: Can we utilise previous month ITC of reverse charge to discharge the liability of current month under reverse charge?

A: For the payment of taxes under reverse charge, ITC cannot be claimed. Thus, reverse charge liability is required to be deposited through electronic cash ledger only. Further, the amount of taxes paid under reverse charge can be utilized to pay the output tax liability of the next month under normal charge.

Q: GST payable on GTA will be @5% on full consideration charged. Whether the GST so paid under RCM is eligible for Input Tax Credit. In case of Manpower supply & security supply under the GST whether RCM is applicable.
A:
1) The Input credit of the amount paid under RCM for transportation service received from GTA can be taken.
2) Manpower supply and security service are not under Reverse Charge but payable by service provider.

Q: We are into trading of Bandsaw blades. Bought from Noida, & sold in Gujarat, having a very low turn over (less than 10 lakh) Pls suggest if form CMP 01 is applicable to our business.

A: Form CMP-01 is for opting Composition scheme. Composition scheme can be opted only if the turnover is below 75 lakhs and the supplier is making only intra-state supply. In case of inter-state supply and supply through e-commerce operator composition scheme is not available. If you are registered in Gujarat and supplying only in Gujarat, then you can opt for composition scheme.