GST FAQ Replied on 29.11.2017 by Tweeter account of Govt
Questions 1. Sir I have started my firm under proprietorship but due to some reason I wanted to transfer my ownership but I could not due to new GST law it can not, kindly let me know what can be done ?
Answer: You can transfer your business and as per sec 22(3) of CGST Act, the person to whom you have transferred shall be liable to get registered with effect from the date of such transfer or succession.
Questions 2. I am a used goods dealer if I sell goods to other States should I Bill on margin amount or full amount ?
Answer: If no ITC was availed, then as per rule 32(5) of CGST Rules, value shall be the margin value
Questions 3. I am in Delhi and one customer from Gujarat, GST registration also of Gujarat, but wants delivery of goods in Delhi. what tax will be applicable?
Answer: CGST and SGST as per section 10(1)(a) of IGST Act since Place of Supply in this case is where the movement of the goods terminated for delivery to the recipient.
Questions 4. it is mandatory to mention in GST return the turnover of service (s) which is 0% rated
Answer: Yes. Details of zero rated services are required in GSTR 3B
Questions 5. Whether notification 66/2017 central Tax dated 14.11.2017 is applicable for all assessees or for those only who are eligible for compounding scheme but not opted for the same ?
Answer: It is applicable to all registered persons who did not opt for composition levy under Section 10 of CGST Act, 2017
Questions 6. We have filed GSTR3B with that days exchange rate for shipments other than IGST paid. But invoice value as per Shipping Bill is as per Customs notified rates. Pls suggest which value to be updated in TABLE 6A ?
Answer: As per exchange rates notified under Customs Act
Questions 7. In case of return of a good (or service), is the GST paid liable for refund?
Answer: Credit note may be issued and tax liability can be adjusted within a time limit- pls. refer to section 34 of CGST Act .
Questions 8. Is a job worker required to take mandatory registration ?
Answer: No. Job worker would be required to obtain registration if his aggregate turnover exceeds the prescribed threshold limit.
Questions 9. If I provide free samples or goods. Can I take ITC of it ?
Answer: ITC with respect to free samples is not allowed. Section 17(5)(h) of CGST Act 2017 refers
Questions 10. Can unutilized ITC be given refund, in case goods exported are subject to export duty ?
Answer: As per section 54(3) of CGST Act, 2017, refund of ITC is not allowed if goods exported outside India are subject to export duty.
Questions 11. Please clarify whether payment of GST is applicable on advance received in respect of supply of services.
Answer: GST is leviable on advances received for supply of services
Question 12: Advance was given when the rate was 28% and our vendor has paid taxes on it. Subsequently rate has fallen to 18%. Will the invoice be raised at 18%? If yes, what to do of additional 10% paid as advance?
Answer: Assuming supply happened after the change in the tax rate, the time of supply is date of issue of invoice. Therefore 18% (GST Rate) .
Additional tax paid can either be adjusted in subsequent months or claimed back as refund.
Question 13: On my website I show google ads, for which I can’t generate invoice. Google calculates my earnings and transfers to my bank account. For brands, which given ads directly to me, I generate invoice. My annual turnover has not crossed Rs. 20 lakhs. Do I need to register for GST?
Answer: registration is required when aggregate turnover exceeds Rs. 20 lakhs
Question 14: In transition credit of excise duty available on an inter-state sale made on 23rd June, 2017 but delivery is yet to be taken? Kindly clarify.
Answer: If the credit of the excise duty was taken in the last return filed under excise, then it is eligible for transition.
Question 15: I am a service provider any my turnover is below Rs. 1.5 crore. Am I eligible to submit GSTR-1quarterly? I am not able to understand whether notification 57/2017 Central Tax applies to service providers as well?
Answer: Yes, applicable.
Question 16: If a taxable person only exports services then does he need to pay any type of GST tax?
Answer: If the supply satisfies all the conditions of export of service (section 2(6) of IGST Act), then the supplier may opt for export of services under LUT or Bond and not pay any tax.
Question 17: Do I need to take separate registration in each State even if I don’t have a place of business in other States?
Answer: if a supply is being made from a State, registration is required irrespective of the place being principal place of business or not.
Question 18: What is the last date for filing CMP-03? Because notification and GST dashboard show different dates. Kindly clarify
Answer: 30th November, 2017
Question 19: Whether RCM is applicable for the professional services rendered by director of a company to the same company?
Answer: yes, Please refer to Notification No. 13/2017-Central Tax (Rate) dat 28.06.2017
Question 20: As per the decision taken in 23rd GST Council meeting, GST rate for composition dealers (manufacturers and traders) has been made as 1%.Official Notification has still not been released by CBEC. Whether one can file GSTR-4 by taking 1% rate or does one need to wait for Notification?
Answer: Unless notified, a decision of the Council is not effective.
Question 21: Can we file two refund claim of accumulated ITC applications separately? One for goods and other for services exported under LUT in the same tax period.
Question 22: I opted out of Composition Scheme in November, 2017. Which return I need to file for October month?
Answer: For October, GSTR-4 has to be filed while for November onwards, FORM GSTR-3B needs to be filed.
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