Solved Queries

Q. 316 Request to inform Rate of Gst for carriage inward and outward under RCM the local transporter use to submit LR copies also?

Ans. 5% Rate will be applicable on GTA service when recipient are liable to discharge the Tax under RCM.

Q. 315 Request to clarify the Which are the transactions to be considered under ITC Reversed .
(1) As per rules 38,42, and 43 Cgst Rules and Section17(5)
(2) Others
Please clarify

Ans. 1) As per rules 38,42, and 43 CGST Rules and Section17(5) covers:

a) CGST Rule 42 deals with the reversal of ITC on inputs and input services

b) rule 43 deals with the reversal of ITC on capital goods.

c) Ineligible ITC in terms of Rule 38 (reversal of credit by a banking company or a financial institution).

d) Ineligible ITC in terms of Section 17(5) of CGST Act,2017.

(2) Others

a) the reclaimable reversals of ITC are to be reported in Table 4(B)(2). – Any ITC availed inadvertently in Table 4(A) in previous tax periods due to clerical mistakes or some other inadvertent mistake may be reversed here, which means ITC reflected in GSTR-2b not matched with the Input register is to be disclosed in this column.

Q. 314 educational institute per gst educational institute provide tally course English speaking course?

Ans. Private coaching institutions imparting education to obtain specialization in tally are not covered under the definition of ‘educational institution’ in para 2(y) of the Services Exemption Notification No. 12/2017- Central Tax (Rate) dated June 28, 2017 (Services Exemption Notification) and hence not eligible to exemption under the Central Good and Services Act (CGST Act,2017)

Caution: The above opinion is framed based on the limited information available and merely a personal opinion. We will not be responsible for any damage or loss in whatever manner consequent to any action taken on the basis of any content of this opinion. We suggest you take a detailed opinion for better clarity based on extensive information and research thereof.

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