Answers By Expert: Advocate C.B.Thakar
  Point of taxation under GST
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


► Read Answer

  REFUND OF ITC ON ACCOUNT OF INVERTED DUTY STRUCTURE
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…


► Read Answer

  GST ON SALE OF RIGHT ACCQUIRED IN LAND
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?


► Read Answer

  GST REVOCATION OF CANCELLATION OF REGISTRATION
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…


► Read Answer

  CAN SERVICE TAX ON RCM BASIS PAID AS CGST NOW BE CLAIMED AS ITC IN GST REGIME
Liability of SERVICE TAX on RCM basis on service received of GTA was determined by the department. The assessee - partnership firm has paid such liability by making payment under the head CGST (as there was no service tax registration and officer told to make payment under CGST). Can the partnership firm claim ITC of such CGST paid in GST now.


► Read Answer