Answers By Expert: Advocate C.B.Thakar
  composition scheme under gst
I AM A REGISTERED DEALER IN COMPOSITION SCHEME. I HAVE FISH SALE- 5000000/- AND MECHINERY PARTS SALE-5000000/- FISH SALE-HSN 0302 IS NIL RATED/EXEMPTED. DEPARTMENT IMPOSED 1% TAX ON TOTAL TURNOVER 10000000/- AM I LIABLE TO PAY TAX ON TOTAL TURNOVER?


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  DOCUMENT IDENTIFICATION NUMBER
I am service tax practitioner . In the several service tax notices issued to our clients I observed that the same DIN is quoted for 2 assesses. What is the legal effect . When DIN is duplicated  can it be considered to be valid.


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  Additions on the ground that Revenue has filed an appeal before the HC
Assessee is engaged in the business of Real estate and claimed the deduction U/Sec. 80IB(10) on the housing projects . AO has disallowed the claim on the ground that assessee has violated the various conditions. CIT A has confirmed the disallowance. On further appeal, Hon'ble ITAT has partly allowed the appeal with certain directions. AO completed the set aside assessment and again disallowed the claim of the assessee on the ground that Department has filed an appeal against the order of ITAT before HC and same is pending  and accordingly assessed the same income again. Whether action of the AO…


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  Is Collection of GST by MC of Housing Associations not highly objectionable hence to be stopped ?
https://itatonline.org/articles_new/law-on-levy-of-gst-on-services-provided-by-housing-societies-resident-welfare-associations-rwa-explained/?fbclid=IwAR0QFsBtxFNXAraIzZAfD5Yn9W6mgugt__hL7xHyOpusAU4943mcCTs4ToI https://gstindiapro.com/2021/05/04/mutuality-principle-bowring-institute-gets-aar-reprieve-on-gst/#:~:text=Mutuality%20principle%3A%20Bowring%20Institute%20gets%20AAR%20reprieve%20on,Authority%20for%20Advance%20Rulings%20giving%20a%20favourable%20order. Attention is invited to the last posted comment wrt the AAR in re Bowring case. The AAR has upheld the claim for exemption on the ground MUTUALITY, pending Notification by the central and state governments. In essence, the 2021Amendment of the GST law , that too with retro effect , is not in force till then. However , some high end housing associations who have  already been collecting GST without considering , rather in violation and blatantly ignoring, the host of precedents, have started making additional collections. Is that not highly objectionable and the governing committee should stop…


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  Reversal of GST ITC as per rule 42/43 & valuation of future option transaction
Stock broker is dealing in its own Ac in future & option of equity/currency/commodity/index through stock exchanges. Whether stock broker needs to revere the Common ITC on transaction on securities on above transaction of future & option? If yes then, how to calculate sale value of security in case of future transaction of equity & index? As per explanation value of security will be 1% of sale value of security. whether value of security is 1 % of notional sale value of securities or 1 % of net of difference between future buy & sale.? Further how to calculate value…


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  SERVICE TAX MANDATORY DEPOSIT FOR FILING APPEAL
SERVICE TAX ORDER PASSED RAISING DEMAND OF A PARTNERSHIP FIRM. SAID PARTNERSHIP FIRM IS ALREADY DISOLVED AND CLOSED IN YEAR 2018 AND NOT HAVING ANY RUNNING BANK ACCOUNT. Q1 - CAN THE SERVICE TAX APPEAL BE FILED WITHOUT MANDATORY PRE-DEPOSIT OF 7.5% OF DISPUTED DEMAND Q2. - IF ONE OF THE PARTNERS PAYS 7.5% OF DEPOSIT UNDER SERVICE TAX REGISTRATION OF APPELLANT PARTNERSHIP FIRM AND IF THE APPEAL SUCCEDS AND THE FIRM IS ELIGIBLE TO CLAIM REFUND - IN WHICH BANK ACCOUNT SUCH REFUND WILL BE ISSUED? Q3. CAN PARTNERSHIP FIRM/APPELLANT INSTRUCT THE DEPARTMENT TO ISSUE REFUND OF PRE-DEPOSIT ON…


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  GST ON ALLOWANCE RECEIVED
BCCI HAS CONTRACT WITH CRICKETOR WHEREIN FOR EVERY FOREIGN TOUR BCCI PAYS FOR EXAMPLE - 100 DOLLAR PER DAY AS ALLOWANCE FOR LOCAL EXPENSE INCURRED BY CRICKETOR IN RESPECTIVE COUNTRY. FOR 15 DAYS TOUR TO USA - BCCI PAY 1500 DOLLAR AS ALLOWANCE IRRESPECTIVE OF ACTUAL EXPENSE INCURRED. IF ACTUAL EXPENSE IS INCURRED LESS THAN THE ALLOWANCE GIVEN - THEN THE DIFFERENCE AMOUNT IS TRNAFSRRED IN SAVING BANK ACCOUNT OF CRICKETOR IN INDIA IN INR. WHETHER GST WILL BE APPLICABLE ON SUCH ALLOWANCE


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  GST ON PLOTTING SCHEME
The assessee is engaged in plotting scheme wherein he provide common road, drainage, electricity connection and common clubhouse. The assessee sells plot of land with such above common amenity. Whether GST APPLICABLE ON SALE OF PLOT.


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  SERVICE TAX ON ROYALTY
As per standard practice, the service tax/GST department called for information from mining department of state (gujarat) which in turned provided list of firms (quarries) in whose name royalty is paid. Accordingly the service tax/GST department issued SCN and passed order levying SERVICE TAX ON RCM on royalty paid as per list provided by mining department . In given case, department had issued SCN and passed order in the name of “A” quarry who had taken land on lease for quarry business from mining department of the state. But in actual “A” quarry had sub-leased the whole land to “B”…


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  Applicability of GST
Assessed is advisor at Max Life Insurance and during the financial  year 2021-22 assessee received gross commission from Max on the business carried out by assessee was Rd. 21.25 lakhs?  What are requirements under GST Act. Pl. Guide


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