Question No. 1: I have submitted Bank guarantee and bond for export purpose. Now as per notification no. 37/2017- Central Tax, I am eligible to export under LUT. When can I take back BG & bond and instead submit LUT?

Answer: You can do it now. It came into force from 04.10.2017

Question No. 2: Do charitable trust having donation receipt above Rs. 20 Lacs and scrap sale of Rs. 1,000 required to obtain Registration?

Answer: No.

Question No. 3: I want the notification that explains the latest changes (10th November) made in branded and non branded food products.

Answer: Please refer to Notification nos. 41/2017-Central Tax (Rate) and 42/2017-Central Tax (Rate).

Question No. 4: Registered job worker is in another state. Can he supply finished goods after job work under a delivery challan on inter state basis ?

Answer: Yes, please refer to rule 55 of CGST Rules.

Question No. 5: Whether CGST & SGST or IGST is to be paid on freight on RCM basis if goods are received from other states?

Answer: IGST.

Question No. 6: Any notification for due date of payment under GST?

Answer: Notification No. 35/2017-Central Tax and 56/2017-Central Tax.

Question No. 7: Where do we have to show high seas sales data in GSTR-1 ?

Answer: For details related to high sea sales, please refer circular no. 33/2017-Customs.

Question No. 8: What is to be done for import duty paid in June and good sold in July. How to show ITC of import duty in FORM GSTR-3B?

Answer: ITC can be taken by furnishing the detail of eligible duties paid in FORM TRAN-1.

Question No. 9: While paying GST, should RCM challan be separate?

Answer: No. Single challan will do.

Question No. 10: I export vegetables. Where do I file in FORM GSTR-3B – Zero rate goods or Nil rated goods?

Answer: Zero rated goods.

Question No. 11: What is the date of applicability of e-Way Bill System. Some are saying that it has been made applicable from 12/09.

Answer: Central government has not notified the enforcement of e-Way bill rules. Till that time State e-Way bill, if any, would be applicable.

Question No. 12: Want to opt for composition scheme. When will be the option to opt for the scheme enabled again?

Answer: It has been enabled. Please refer to the Notification no. 45/2017-Central Tax.

Question No. 13: Whether ‘Subsidiary Canteen Stores’ run by Maha Police/SRPF are exempted under GST?

Answer: No

Question No. 14: Is there an option to surrender registration for those who wish to cancel their registration as per Notification no. 05/2017 — Central Tax ?

Answer: Yes, please refer rule 22 of CGST Rules. You have to apply through FORM REG-16 or REG-29.

Question No. 15: What will be place of supply in case selling goods on his over the counter shop to unregistered parties who belong to other states?

Answer: Place of supply would be location of supplier.

Question No. 16: Service dealer opted for composition scheme. Later he came to know that the scheme is not applicable for services. What remedy he has now?

Answer: Please refer rule 6(3) of CGST Rules. You can opt out and need to follow all other provisions of the Act.

Question No. 17: If I have taken composition for restaurant. Am I liable to pay 5% on items sold on MRP such as drinks, chocolates or 1%?

Answer: 5% needs to be paid on turnover in your State / UT.

Question No. 18: I pay Rs. 60,000 as shop rent to unregistered dealer. Is reverse charge applicable on that?

Answer: No. Please refer to notification no. 38/2017-Central Tax (Rate)

Question No. 19: I am second hand good dealer. Do I need to pay GST on the value at which I sold that second hand good?

Answer: No. Please refer to rule 32(5) of CGST Rules.

Question No. 20: Is there any definition of related person in GST?

Answer: Yes. Please refer to explanation under Section 15(5) of CGST Act.

Question No. 21: Do individual freelancer working for US clients require GST registration?

Answer: Yes, if your aggregate turnover is more than Rs. 20 lakhs. Please refer to Notification no. 10/2017 — Integrated Tax.

Question No. 22: I have paid 5% GST on reverse charge basis for receipt of GTA service. Can I claim credit for GST paid?

Answer: Yes, its credit can be claimed.

Question No. 23: Date of applicability of TDS provision under GST regime?

Answer: Not yet decided.

Question No. 24: Several amendments have been made to CGST Rules. It is confusing to comprehend all notifications. Please guide.

Answer: Comprehensive document of rules available at –

Question No. 25: I am representative of OIDAR. Do I have separate provision for invoicing ?

Answer: No. Invoicing needs to be done as per rule 46 of CGST rules.

Question No. 26: What is the period of OIDAR return filing ?

Answer: Monthly. Return in FORM GSTR-5A needs to be filed on or before the twentieth day of the month succeeding the calendar month or part thereof.

Question No. 27: We are planning to implement e-invoicing only. Is it possible ?

Answer: Yes. All the mandatory details as per chapter VI of CGST Rules should be present on such invoice.

Question No. 28: I am a kirana shopkeeper. Is it mandatory to have signature on invoices?

Answer: Yes.

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One Comment

  1. bipin pradhan says:

    An assessee escaped payment of Service Tax which was liable to be paid under RCM in the erstwhile provisions. The cenvat credit of the the said tax was otherwise available. Now, upon pointing out the lapse by audit, he paid service tax with interest in the current GST regime. The credit of GST paid on these category of services is available in GST Regime. Can he claim the credit in form TRAN-1 ? if so, in which column ?

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December 2020