Tweet FAQs – GST
GST
Dated:- 26-6-2017
Tweet FAQs
The tweets received by askGST_GoI handle were scrutinized and developed into a short FAQ of 100 tweets.
S. No.
Questions / Tweets Received
Replies
Registration
1.
Does aggregate turnover include value of inward supplies received on which RCM is payable?
Refer Section 2(6) of CGST Act. Aggregate turnover does not include value of inward supplies on which tax is payable on reverse charge basis.
2.
What if the dealer migrated with wrong PAN as the status of firm was changed from proprietorship to partnership?
New registration would be required as partnership firm would have new PAN.
3.
A taxable person's business is in many states. All supplies are below 10 Lakhs. He makes an Inter State supply from one state. Is he liable for registration?
He is liable to register if the aggregate turnover (all India) is more than 20 lacs or if he is engaged in inter-State supplies.
4.
Can we use provisional GSTIN or do we ge
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Whether aggregate turnover includes turnover of supplies on which tax is payable by the recipient under reverse charge?
Outward supplies on which tax is paid on reverse charge basis by the recipient will be included in the aggregate turnover of the supplier.
9.
If there are two SEZ units within same state, whether two registrations are required to be obtained?
SEZs under same PAN in a state require one registration. Please see proviso to rule 8(1) of CGST Rules.
10.
Is an advocate providing interstate supply chargeable under Reverse Charge liable for registration?
Exemption from registration has been provided to such suppliers who are making only those supplies on which recipient is liable to discharge GST under RCM.
11.
When is registration in other state required? Will giving service from Nasik to other state require registration in other state?
If services are being provided from Nasik then registration is required to be taken only in Maharashtra and IGST to be paid on i
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GST items (grains, pulses) then is it necessary to register for GST, if the turnover exceeds ₹20 lacs?
A person dealing with 100% exempted supply is not liable to register irrespective of turnover.
17.
Is it correct that person dealing exclusively in NIL rated or exempt goods/ services liable to register if turnover > 20/10 Lakh?
There is no liability of registration if the person is dealing with 100% exempt supplies.
18.
If I register voluntarily though turnover is less than 20 Lakhs, am I required to pay tax from 1st supply I make post registration?
Yes, you would be treated as a normal taxable person.
19.
Whether a separate GSTIN would be allotted to a registered person for deducting TDS (he has PAN and TAN as well)?
Separate registration as tax deductor is required.
20.
Is separate registration required for trading and manufacturing by same entity in one state?
There will be only one registration per State for all activities.
21.
I am registered in TN and gett
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of Provisional ID on or before 31st July 2017.
26.
When turnover of agents will be added to that of the principal for registration?
No.
27.
If I am not an existing taxpayer and wish to newly register under GST, when can I do so?
You would be able to apply for new registration at the GST Portal gst.gov.in from 0800 hrs. on 25th June 2017
Refund
28.
I have a pending export refund in Service Tax. What will happen?
Refunds under earlier laws will be given under the respective laws only.
29.
As an exporter, how do I ensure that my working capital is not blocked as refunds?
Appropriate provisions have been made in the law by providing for grant of 90% refund on provisional basis within 7 days from filing of registration.
Cess
30.
What will be the impact of GST on coal? Will the clean energy Cess on coal go or will it stay?
Clean Environmental Cess on coal will be replaced by GST Compensation Cess.
Composition Scheme
31.
Suppose I am in composition scheme in GST. If I pur
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clarify status of international export freight under GST as the same was exempt under POPS rules. It is zero rated in most countries.
POS for transport of goods determinable in terms of sec 12(8) or sect 13(8) of IGST Act, 2017, depending upon location of service provider/service receiver. Exports are treated as zero rated supplies.
37.
When goods are being imported from SEZ who will pay IGST?
Such supply is treated as import and present procedure of payment of duty continues with the variation that IGST is levied in place of CVD.
38.
Who will pay IGST when goods are procured from SEZ? Today importer is paying both BCD and CVD.
Such supply is treated as import and present procedure of payment continues with the variation that IGST is levied in place of CVD.
Input Tax Credit
39.
Is SGST of Rajasthan charged by supplier on purchase from Rajasthan can be utilize for payment of SGST in Madhya Pradesh?
SGST of one State cannot be utilized for discharging of output tax liability
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o GSTN and ITC claimed in the same?
Like invoice, credit/debit notes on behalf of unregistered person will be given by registered person only. Further, GSTR2 provides for reporting of same by the recipient.
Invoice
45.
A shop sells taxable & exempt products to the same person (B2C), is it required to issue tax invoice and bill of supply separately?
In such a case the person can issue one tax invoice for the taxable invoice and also declare exempted supply in the same invoice.
46.
Do registered dealers have to record Aadhaar/PAN while selling goods to unregistered dealers?
There is no requirement to take Aadhaar / PAN details of the customer under the GST Act.
47.
All expenses like freight / transport / packing which are charged in Sales Invoice are taxable in GST? How to charge in bill?
All expenses will have to be included in the value and invoice needs to be issued accordingly. Please refer to Section 15 of CGST Act and Invoice Rules.
48.
Can we move construction materia
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aving invoice value of more than ₹ 2.50 Lakhs.
53.
How to incorporate two supplies in return for Pharma with same HSN code of four digits but having different tax rates?
Returns provide for furnishing rate wise details.
Supply
54.
Should we discharge GST liability for all reverse charge having small amounts of Transaction or any amount limit is there?
It has been decided that ₹ 5000/- per day exemption will be given in respect of supplies received from unregistered person. For supplies above this amount, a monthly consolidated bill can be raised.
55.
What is treatment of promotional item given free to end consumers by FMCG companies?
Tax will be charged only on the total consideration charged for such supply.
56.
How to comply with 9(4) of CGST Act if POS is in another State of the unregistered supplier
Any person making inter-state supply has to compulsorily obtain registration and therefore in such cases, section 9(4) will not come into play.
57.
Under supp
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al of scrap be treated in GST?
If the disposal is in the course or furtherance of business purposes, it will be considered as a supply.
63.
I am from MP and providing service to a customer in Maharashtra. I outsource the work to a service provider in Maharashtra, what tax i need to charge?
Generally these will be two supplies where the supplier from MP will charge IGST from the recipient in Maharashtra. Whereas, the service provider in Maharashtra will charge IGST from the recipient in MP.
64.
If address of buyer is Punjab and place of supply is same state of supplier (Rajasthan), then IGST will apply or CGST/SGST?
If the place of supply and the location of the supplier are in the same State then it will be intra-State supply and CGST / SGST will be applicable.
65.
Why is bifurcation of cash deposit as CGST-SGST-IGST required? Is cash held against a GSTIN, to be adjusted via return u/s 39
Three levies are under three different statutes and are required to be separately accoun
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provides that in case of a composite supply, the treatment for tax rate etc. will be that of principal supply.
70.
Whether slump sale will attract GST. If yes then under which Section?
It will have the same treatment as normal supply.
71.
Salary by Partnership firm to Partners as per Income Tax Act liable to GST? Partners are not employees of the firm.
Salary will not be leviable of GST.
Transition
72.
How do I avail transition credit ?
Transition credit can be availed by filing the respective forms under Transition rules upto 30.09.2017.
73.
Please provide the clarity on area based exemption 50/2003 in UK & HP.
Area based exemptions will not be continued under GST. It will be operated through the route of reimbursement as prescribed.
74.
We manufactured excisable goods. But unit availed the exception benefits 50/2003. What about my dealers stock?
The dealer will get deemed credit @ 40% / 60% of the CGST paid on supply of such goods in GST. If the goods are branded and
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y from manufacturer and has value cum excise duty and excise duty is not separately shown will he get full credit?
Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act.
79.
Is the full excise credit also available to traders who purchases directly from manufacturers and excise is separately shown in invoice?
Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act.
80.
In June 17 Vat return no amount carried forward & held stock of ₹ 50 lakhs. Then can we take credit of that stock or not?
The supplier would be eligible to carry forward the closing balance of ITC from VAT return for June 17.
81.
What will be the impact of closing stock which has been already paid vat on 1st July?
The supplier would be eligible t
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osing stocks as on 30th June 2017? Whether the manufacturer/dealer or government?
Closing ITC in VAT return will be allowed to be carry forward in GST.
88.
How will we get input credit on stock in hand for spare parts billed from other state, excise, CST and entry tax paid?
For all inputs with duty paying documents available respective CGST / SGST credit will be available. But credit of CST will not be available.
89.
A trader buys from manufacturer not registered in excise as his turnover is below 1.5 crore. then in such case can traders take ITC on stock up to 40%
Deemed Credit will be available on stock in hand provided the conditions of section 140(3) read with Rule 1(4) of Transition Rules are satisfied.
90.
Whether we will be eligible for credit of duty paid on Capital Goods in transit and received post GST?
No such provision in GST.
91.
Can ITC of Swach Bharat Cess or Krishi Kalyan Cess be carried forward under GST?
No
92.
Will Clean Energy CESS on imported Coal @
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