Question No. 1: Company wants to sell its old Car. What is GST implication and to be applied at what price? Any changes if given to dealer of new car in exchange offer?

Answer: It is treated as supply and applicable GST is payable on the value realized.

Question No. 2: What will happen to the GSTR1 already filed for July 17 by dealers having <1.5 Cr Turnover? Shall they file the same information again in Quarterly return also?

Answer: They would be required to file GSTR-1 for remaining two months of quarter i.e. for August and September.

Question No. 3: Can ITC be availed on purchase of Trailer by a logistic company involved in transportation of goods ?

Answer: It can be availed. Pl see section 17(5)(a)(ii) of CGST Act.

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Question No. 4: What happens to accumulated credit with manufacturers exporting through merchant exporters? Inputs are @18% GST, sale to Merchant exporter @0.1%.

Answer: Manufacturers can claim refund of accumulated ITC under section 54(3) of CGST Act read with Rule 89 of CGST Rules.

Question No. 5: What is going 2 happen to d VAT/TIN security deposits?? Can i carry forward as SGST Credit in Trans – 1 as it was adjustable against d VAT Liability previously?? Or I have to wait for refund window to claim refund?

Answer: The said amount may be claimed as refund under VAT laws.

Question No. 6: A company registered in Punjab and a one office in HP where they have no. Reg. And no taxable supply is made from that office as well. Whether there is required to reg. In HP as well 

Answer: Registration is required in those States from where taxable supplies are made. Pl. see section 22(1) of CGST Act.

Question No. 7: Taxable Event. Buyer fails to give GST number to Supplier. How to treat such transaction?

Answer: It may be treated as B 2 C supplies. Buyer would not get ITC.

Question No. 8: Amount of tax deposited into cash ledger but not set off…it shall be treated as payment of tax or just treated as deposit?

Answer: It would not be treated as payment of tax till cash ledger is debited for discharge of tax liability. Pl see section 49 of CGST Act.

Question No. 9: if excess ITC is shown mistakenly in 3B, can we reduce next month ITC in 3B?

Question No. 10: Sir, we want to export on payment of IGST from ITC. Where we have to debit it, whether at the time of invoicing or at the time of return 6A for whole month.

Answer: IGST amount need to be shown on invoice, details of exports to be mentioned in Table 6A of GSTR-1 and payment of IGST to be made at the time of filing GSTR-3B.

Question No. 11: I am service provider in TS and bill give to Mumbai address Pvt LTD company but place of supply situated in AP. Shall I charge sgst & cgst or Igst…??

Answer: U need to charge IGST.

Question No. 12: Whether ITC of outdoor catering & Rent-A-Cab services are eligible. We are a iron and steel manufacturer.

Answer: ITC not allowed. Pl. see section 17(5)(b) of CGST Act.

Question No. 13: Can composition dealer sell there products through e commerce sites

Answer: Pl see section 10(2)(d) of CGST Act.

Question No. 14: Sir, If services rendered & bill is raised before 01/07 but payment recd now with Service tax (following receipt basis). Whether to pay Service Tax or GST. Please guide.

Answer: Pl see section 142(11)(b) of CGST Act.

Question No. 15: Are expenses on “Gifts bought for clients/ customers on Diwali” – termed as “Diwali Expenses” eligible for ITC for business firm?

Answer: Pl see section 17(5)(h) of CGST Act

Question No. 16: If the Turnover is less than ₹ 1.5 Crore, we need to file quarterly returns. There is no option on the website for the same.So how to file the same in quarterly?

Answer: GSTR-3B is to be filed on monthly basis by all taxpayers. Option for filing of GSTR-1 on quarterly basis is being enabled shortly.

Question No. 17: Our dealer is work contractor & registered in UP under GST Act. Now dealer received work contract with material in Karnataka. Is there any requirement to register in Karnataka, if not then what is the treatment of e way in Karnataka.

Answer: Registration is required in those States from where taxable supplies are made. Pl. see section 22 of CGST Act.

Question No. 18: I have paid excess GST for July vide GSTR- 3B which includes a part for the month of august but filed the correct invoice details in GSTR-1 for July, how can i claim refund ? SOS.

Answer: Detailed circular is being issued.

Question No. 19: I am an industrial items dealer (trader) with sales as First/ Second Stage dealer, Invoices with excise amounts mentioned and also invoices without excise amount mentioned. Please guide me with forms to fill in TRAN 1 and under which contions to use 7a,b,c,d.

Answer: Pl see Rule 117 of CGST Rules.

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  1. Gangatharan says:

    GSTR-2 for July, 2017 is not available now and also for the subsequent months. How to file GSTR-2 and GSTR-3 before 31-12-2017? Please clarify.

  2. sushil Sureka says:

    So often answers to FAQs are given in the form ” See section or rule such and such”. TaxGuru is helping so many businessmen also who do not have access to law books. Could TaxGuru add to its utility by adding short comments from its side with such answers, which leave the reader nowhere.

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September 2021