Solved Queries

Q. 119 One of my client dealing in business of Manufacturing of Bakery Items is selling his Used Commercial Vehicle (used for transporting own goods) after 1 year for Rs. 5 Lakhs. How to raise an invoice for this purpose?
Should he issue GST invoice with 28% GST Tax or an invoice with no GST Tax deducted? Also whether purchaser of used commercial vehicle can claim ITC on such invoice if GST Tax is deducted ?

Ans.Yes, in terms of commercial vehicle, registered person may have taken cenvat therefore, GST at the rate of 28% to be applicable.

Yes, ITC can be claimed on commercial vehicles like trucks purchased by a company for transportation of its finished goods.

Q. 118 A small fancy stores business is non gst registered person having annual turnover below threshold limit(rs:40 lacs limit) yearly Question: Gst un registered Dealer purchase of goods billing(invoice) name, firm name or proprietor individual name and pan number or aadhar number received from gst selling registered dealer.  Which type of accounting records maintained in gst act ?

Ans. As per section 35 of the CGST Act 2017, unregistered person is not required to maintain accounts and records, however it is recommended that the following accounts and other records to be maintained :-

  • Inward and outward supply of goods or services or both
  • Stock of goods
  • Output tax payable
  • Details of supplier like names and complete addresses

Q. 117 Is e-invoice applicable for GTA transporter ?

Ans. As per notification no.13/2020- CT, GTA supplying services in relation to transportation of goods by road in a goods carriage is exempt from the mandatory requirement of e-invoicing. Hence, e-invoicing is not applicable to GTA.

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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