Answers By Expert: Advocate C.B.Thakar
  Applicability of GST
Assessee is a partnership firm having Diagnostic services under his brand.  Now for the purpose of growth and expansion of business, has decided to invite investors and has formulated the proposal.  As per the proposal, the new diagnostic center with the brand will be open in various part of city, state and other state.  Entire set up of diagnostics center as well as running the said center will be responsibility of assessee firm. Investor will be paid 15% pa. of their Investment or 10% of Gross receipts of the diagnostics center in which he has invested, which is higher. Is…


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  GROUNDS / COUNTER SUBMISSION FOR DIFFERENCE IN ITC BETWEEN GSTR 2A AND 3B
VARIOUS NOTICES HAS BEEN ISSUED BY GST DEPARTMENT FOR DIFFERENCE IN ITC CLAIMED IN GSTR 3B AND GSTR 2B FOR FY 2017-18 AND 2018-19. THE ASSESSEE HAD PROVIDED THE INVOICES AND PAYMENT PROOF TO THE OFFICER FOR SUCH INVOICES WHICH WERE NOT REFLECTED IN GSTR 2B. THE OFFICER DISALLOWED SUCH CREDIT NOT REFLECTED IN GSTR - 2B. IS THE ACTION OF OFFICER JUSTIFIED, IN DISALLOWING ITC OF ASSESSEE ON ACCOUNT OF MISTAKES MADE BY SUPPLIER. PLEASE PROVIDE THE GROUNDS AND ANY STANDARD DRAFT SUBMISSION FOR SAID ISSUE.


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  GST on corporate guarantee
Any GST is payable on corporate guarantee given to sister concern? Is corporate guarantee a service liable to GST?


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  APPLICABILITY OF GST
Mr. A , who lives in Gurgaon ,is a director in the company located at Gurgaon. A part from receiving Director remuneration he also receives sales commission. from the same company in which he is a director. Further, he also has GST registration in other state , where he files NIL return. Is Sales Commission received from the company will attract GST from the single amount he gets , as he is having GSTIN in the other state ?


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  Calculation of refund amount in case of inverted duty rate under GST
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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  CAN SERVICE TAX BE DEMANDED FROM SERVICE PROVIDER IF SERVICE RECEIVER HAS PAID TAX UNDER RCM
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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  Implication under GST constructed area received by Retiring partner
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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  GST COMPOSITION SCHEME
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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  SERVICE TAX ON MINING ROYALTY
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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  DOUBLE TAXATION IN SERVICE TAX
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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