Solved Queries

Q. 269 Mr.A trading of cloth business composition scheme registered in gst act Sales turnover rs:48 lacs composite tax paid f.y.21-22 Another income rental income for commercial property rs:1,20,000/- f.y.21-22.but dealer rental income receivable head show in it returns. Question: Dealer rental income rs:1,20,000/- gst applicable or not applicable in gst act 

Ans. As per CGST (amendment) act, 2018 (w.e.f. 01.04.2019) composition dealer may supply services of value not exceeding ten per cent of turnover in a State or Union territory in the preceding financial year or Five lakh rupees, whichever is higher. The rate of tax (1%) will be applicable on the sale of goods as well as on supply of services.

However, if the value of supply of service will be more than 10% of turnover and value of such service also exceeds Rs. 5 lakhs, the taxpayer would not be able to continue his registration as a composition dealer, he will be required to opt out from the scheme.

Rental service provided by you does not exceed eligible criteria as you are required to pay tax on the basis of composition scheme.

Q. 268 Can I Make the credit note in 1/10/2022 pertaining to the invoice related to FY 21-22 ? Can I avail ITC pertaining to FY 21-22 in Oct- 22 GSTR-3B ??

Ans.As per Notification 18/2022 CT your goods is eligible to issue credit note and avail ITC of Invoices pertaining to previous year till 30th November, 2022.

Q. 267 WE use to purchase chorcoal which is exempted item under GST .REQUESST TO CLARIFY THAT EWAY BILL TO BE RAISED FOR SUCH TRANSCATIONS

Ans. As per Rule 138(14) of CGST Act, no e-way bill is required to be generated where

Where the goods, other than de-oiled cake, being transported, are specified in the Schedule appended to notification No. 2/2017- Central tax (Rate) dated the 28th June, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 674 (E) dated the 28th June, 2017 as amended from time to time;

From the above provision it is concluded that your good self is not required to generate E-way bill.

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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