GST – Started By: – Shankar Nayakar – Dated:- 17-4-2018 Last Replied Date:- 24-1-2019 – Dear sir,we are manufacturing co. and having canteen facility also in co. premises.third party is cooking here and raise invoice with GST to us., we are paying him with GST.however company is charging nominal fee from employees.in this scenario, ITC is eligible or not? – Reply By Alkesh Jani – The Reply = Sir, In my point of view ITC is not available. – Reply By Alkesh Jani – The Reply = Sir, Please refer Section 17(5) of CGST Act, 2017. Moreover, it has no nexus with the business or furtherance of business. – Reply By Shankar Nayakar – The Reply = sir, please refer attached copy of AAR, where it is stated that in GST Scenario, providing of canteen service is called as outward supply http://keralataxes.gov.in/wp-content/uploads/2018/04/C3.531.18_Canteen_Services.pdfkindly inform, can we avail ITC on that in GST scenario? – Reply By Ganeshan Kalyani – The Reply = GST is payable on the amount recover
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is unable to determine valuation under the Act due to various factors. Rules are not preferred to the Act. Rules are meant for help Rules cannot override the Act. – Reply By subramanian vijayakumar – The Reply = I endorse sethi ji view he can not claim and avail ITC It is outdoor catering – Reply By KASTURI SETHI – The Reply = ITC in respect of 'Catering (Food and Beverage etc) & 'Works Contract Service' on the same taxable output service is virtually denied. – Reply By CASusheel Gupta – The Reply = Issue – Valuation as per Act/Rules Section 15 (1) on valuation states – The value of a supply of goods or services or both shall be the transaction value, which is the price actually paid or payable for the said supply of goods or services or both where the supplier and the recipient of the supply are not related and the price is the sole consideration for the supply This sub section is applicable when price paid or payable is the sole consideration and the two parties are n
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ITC where inward supply of food and beverages, outdoor catering are used for making outward supply. As such where a banquet hall, sub contracts supply of food and sub-contractor charges GST, the banquet hall can take input. But the restriction has been put by notification 11/2017, where caterer is charging GST @ 5% he cannot take ITC. Even a caterer can take input if he is charging 18%. Comments of experts are welcome. – Reply By Himansu Sekhar – The Reply = Value addition is not a factor to determine the ITC. No where it has been mentioned. The requirement of the Law has to be observed to get the benefits of ITC. The credit is not allowable when specifically barred under Sec. 11(5). – Reply By JAIPRAKASH RUIA – The Reply = Humbly but Surprisingly, when Mr. Sushil Gupta is raising some points clearly producing the provision of the act and rule, most of the expert preferring to give verdict without healthy and point to point discussion.Mr. Gupta has raised some valid questions to be rep
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gives reply in brevity which also serves purpose. When all the experts contribute profusely, the querist gets a very clear picture of the issue. All experts welcome the views of others wherever any expert gives perfect reply. We are thankful to TMI for according such a useful platform where we can express our views based on knowledge, education, and experience and the same are perused by various persons (unlimited number of visitors of this site) not only in India but also abroad. – Reply By JAIPRAKASH RUIA – The Reply = Sir, I have high regards for all the experts. I am sorry if I have hurt some one, my intention was not that but to raise the standard of this august platform with it's democratic character. – Reply By uday kumar – The Reply = Sir, I am in consonance with the expert's view that credit is not admissblad, not withstanding that the service is utilised in the course of furtherance of business, for the reason that outdoor catering service stands specifically exclude
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h Chitkara – The Reply = Reply No.14 / 30 April by Hon'ble Mr Jaiprakash ji Ruia : Emplying the word HEALTHY : Unable to fathom usage in that sentence. Will he kindly elaborate the intent and meaning behind using this word ?I tried raising standard of debate but failed. Did the next best thing : raised the level of table. Will that suffice Sir ? – Reply By JAIPRAKASH RUIA – The Reply = I Apologize to experts. The only intention of the post was that learners like me learn lot of thing from what experts post giving their valuable time and a detailed discussion add experience to us.We know that expert like you get very less time to communicate on such platform but still we expect that you all shower your knowledge and experience. Sir, You have a rich experience in Indirect taxation, I request you to be more active on discussion board and provide guidance to us. I also want to learn from my mistakes and assure to improve myself. – Reply By KASTURI SETHI – The Reply = Sh.Jaiprakash Ji,
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