Q. 152 A partnership firm registered under GST bought Passenger car and let it out to body corporate (who is unregistered) for monthly rental. 1. Is the Firm eligible for ITC credit on purchase of Car, Insurance, and servicing cost. 2. Can firm pay GST @ 12% under forward charge and claim ITC credit or It will be mandatory liable for GST under RCM as Recipient of service is body corporate (unregistered) ?

Ans. As per entry 15 of the notification no. 13/2017- CT (R ), if the cost of fuel is included in the consideration charged from the service recipient, renting of passenger motor vehicles is taxable under reverse charge. ITC would be limited to input services if it belongs to the same line of business. Further, a partnership firm (supplier) may pay GST @ 12% under forward charge instead of 5 % and claim ITC credit.

Q. 151 What is the HSN CODE in case where a person in india is generating leads for another company in india for sale of their software in Canada example : M/s XYZ being a Prop. firm dealing with Online lead generation and provides backend support to Software firms. ABC Pvt. ltd hires them to sell their software to clients and leads in canada on their behalf and receive payments too. after receiving payments the same are being forwarded to ABC Pvt. ltd and a fixed percentage of the proceeds say ₹20,000 (taxable value) is the fee for M/s XYZ. Now, in order to raise invoice against the ABC PVT. LTD what will be the HSN Code ?

Ans. As per the description, the services offered by M/s XYZ to M/s ABC seems to be business services emphasize on marketing, hence, you may use HSN code 9983 “ Business and production services” 

Q. 150 A Gst registered regular scheme dealer purchases three invoices value rs:3 lacs(b2b) missing for the month of december-22.if dealer missing three invoices show in june-22 gstr3b return. Question: Dealer missing invoices show procedure in books (f.y.21-22 or f.y.22-23) ?

Ans. In the above case, it seems the recording of the invoices would have been made on time i.e. in December 2022, however remarks have to be added for appropriate tracing in returns.