Where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies, refund can be applied under Section 54 of the CGST Act, 2017 read with Rule 89 of the CGST Rules, 2017. Please advise how wiil we calculate the eligible refund amount in the following case wherein at the end of the tax period there is closing stock much higher than the sale of goods. For Example Information Pertaining to Inward Supplies Particulars Value Rate of GST GST Amount Inward supplies Rs 100…
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Service provider (individual) has provided supply of man-power service to body corporate in FY 2015-16. Service receiver has already laid service tax on RCM on said transaction. department held that - service provided is not manpower service and demanded service tax from service provider. i did find case law wherein it is held that - if service receiver has paid ST to service provider (who had charged in his bill), then service receiver not required to pay ST on RCM as it will amount to double taxation. the above case are not directly applicable in my case. request to guide…
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Assessee is partnership having 4 partner engaged in the business of construction of housing project. Two partners express their desire to retire from partnership. As a consideration on retirement they are going to received constructed area in the housing project with in next 4 years which includes residential as well as commercial units. What is tax implication under GST act of this transcation . Who is liable to.pay gst and when.
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MY CLIENT IS REGISTERED UNDER THE COMPOSITION SCHEME AND SELLING GOODS HAVING A TOTAL TURNOVER OF RS. 18 LAC IN THE CURRENT FINANCIAL YEAR AND PAYING TAX AT THE OF 1%. I HAVE PROVIDED SERVICES OF RS. 100000.00 WHAT RATE OF TAX WILL BE APPLICABLE AND UNDER SUCH SECTION AND NOTIFICATION PLEASE REPLY.
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WHETHER SERVICE TAX IS PAYABLE ON RCM BASIS ON ROYALTY PAID TO STATE GOVERNMENT FOR EXTRACTING MINERALS ALSO PLEASE UPDATE US REGARDING THE STATUS OR OUTCOME/VERDICT IN CASE OF MINERAL AREA DEVELOPMENT AUTHORITY VS STEEL AUTHORITY OF INDIA (2011) 4 SCC 450 AND IN THE CASE OF GUJMIN INDUSTRY ASSOCIATION (GUJARAT HIGH COURT) THANK YOU IN ADVANCE
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THE ASSESSEE WAS PROVIDING SUPPLY OF MANPOWER SERVICE TO BODY CORPORATE DURING THE FY 2015-16. THE BODY CORPORATE HAS ALREADY PAID SERVICE TAX ON RCM BASIS ON 100% INVOICE VALUE. THE DEPARTMENT HAS PASSED ORDER DEMANDING SERVICE TAX ON FORWARD CHARGE FROM THE ASSESESEE BY NOT CONSIDERING THE SERVICE AS SUPPLY OF MANPOWER. PLEASE ADVISE AND PROVIDE RELEVANT JUDGEMENT WHEREIN IT HAS BEEN HELD THAT IF SERVICE RECEIVER HAS ALREADY PAID TAX ON RCM BASIS THEN SERVICE PROVIDER SHALL NOT BE LIABLE TO AGAIN PAY TAX ON SAME TRANSACTION AS IT WILL LEAD TO DOUBLE TXAXATION.
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Assessee is garage owner for repairing motor cars and register dealer under GST , has executed an franchise agreement with the other person on 1.04.2021 and date of commencement of franchise period of 3 year is from 1.06.2021. Assessee received some amounts from the other person in the month of March 2021, which will be adjusted towards franchise fees which is going to be operative w.e.f .1.06.2021. Whether amount of GST is to be paid in the month of March 2021 or June 2021
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IN CASE OF MINING INDUSTRIES (QUARRY BUSINESS), GST IS PAID ON RCM BASIS ON ROYALTY PAID TO GOVERNMENT FOR EXTRACTING MINERALS AT 18% AND AFTER PAYMENT ITC IS ALSO AVAILED IN GST RETURN. WHEREAS ALL SALES IS AT 5% LEADING TO ACCUMULATION OF ITC. Q1 - HOW TO CLAIM REFUND OF SUCH ACCUMULATED ITC MAINLY DUE TO RCM PAYMENT OF ROYALTY Q2 - WILL SUCH ITC AVAILED ON ROYALTY CLASSIFIED AS ITC ON INPUT SERVICE Q3 - THE SUPREME COURT HAS RECENTLY DISMISSED THE GUJARAT HC JUDGEMENT IN CASE OF VKC FOOTSTEPS INDIA - WHAT IS THE POSITION NOW. Q4…
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ASSESSEE EXECUTED BANAKHAT (AGREEMENT TO PURCHASE LAND) FOR TOKEN CONSIDERATION OF RS. 10 LACS. NOW ORIGINAL OWNER IS SELLING LAND TO THID PARTY AND ASSESSEE RECEIVES RS. 30 LACS AS CONSIDERATION FOR SELLING/RELINQUISHING RIGHTS IN THE LAND BY CANCELLING ORIGINAL AGREEMENT TO PURCHASE. WHETHER SUCH SUM RECEIVED FOR WITHDRAWING RIGHTS IN LAND WILL BE CHARGEABLE TO GST? IF YES, WHAT AMOUNT WILL BE TAXABLE - ONLY THE PROFIT MARGIN (RS. 20 LACS) OR ENTIRE CONSIDERATION AND AT WHAT RATE IT WILL BE TAXABLE?
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ASSEESSEE GST REGISTRATION CANCELLED VIDE CANCELLATION ORDER DATED 30/12/2019 U/S 29(2C) OF THE CGST ACT. ASSESSEE HAS NOT APPLIED FOR REVOCATION OF CANCELLATION OF REGISTRATION OR NOT FILED ANY APPEAL TILL DATE. RECENTLY ISSUED GST NOTIFICATION 34/2021 DATED 29/08/2021 EXTENDED TIME LIMIT FOR FILING REVOCATION TILL 30/09/2021 ONLY IN CASE WHERE DUE DATE FOR FILING REVOCATION OF CANCELLATION OF REGISTRATION FALLS BETWEEN 01/03/2020 TO 31/02/2021. IN OUR CASE, THE DUE DATE TO FILE REVOCATION APPLICATION DOES NOT FALL IN GIVEN PERIOD. HENCE BENEFIT OF ABOVE NOTIFICATION NOT AVAILABLE TO ASSESSEE. ALSO TIME LIMIT TO FILE APPEAL HAS EXPIRED. IN GIVEN…
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Calculation of refund amount in case of inverted duty rate under GST