Q. 170 A Gst registered regular scheme two invoices value rs:2 lacs not reflected in gstr2a/ gstr2b for July -22 month.but supplier gstr1 invoice upload cut off date:13-08-22 after invoice upload. Question: Dealer itc claim taken July -22 as per rule 36(4 ) provision applicable or August -22 month itc claim taken is correct procedure ?

Ans. In terms of rule 36(4), since the invoices are reflected in GSTR-2B of august 22, therefore, ITC is to be claimed in the same month.

Q. 169 Please provide me detailed procedure and compliance on sale of business by registered person to another registered person. also provide format of ca certificate for itc-02 & aggrement of business sale ?

Ans. Transfer of business under GST: As per notification no.12/2017-CTR,” Services by way of transfer of a going concern, as whole or independent parts thereof “have been exempted from the GST Tax. So, if the business is transferred as a whole or in independent parts thereof, both are exempt from the GST Tax Liability. The registered person is allowed to transfer unutilized ITC in terms of section 18(3) read along with rule 41 of the CGST rules in Form GST ITC-02. 

Q. 168 X company providing application to Y company who is providing wifi hotspot service to customers through application of X company. X company receive payment from customers of y company. X company charge commission for his service and receive payments on behalf of Y company. What is tax liability of X company under GST ?

Ans. “Y company” registration requirement: As per section 24(ix), persons who supply goods or services or both, other than supplies mentioned u/s 9(5), through an ECO, who is required to collect TCS u/s 52 is compulsorily required to get registered under GST. In the above case, since the turnover of Y company is below the threshold limit for registration, therefore it is not required to be registered under GST. E-commerce operator “x company “ As per section 24 (x), in the case of ECO, compulsory registration is required for only those cases that are required to collect TCS U/S 52. Since “X company” is not required to collect TCS under GST, therefore, it is not required to be registered. Tax liability under GST of “X company”. Looking at the above scenario, no tax liability arises under GST.