Q. 110 Sir, A jewellery business trading non gst registered person sales turnover declared in income tax returns two years. 1 f.y.20-21 sales turnover rs:45 lacs. 2.f.y.21-22 sales turnover rs:55 lacs . Question: 1.Dealer gst registered compulsory in gst act 2.dealer gst new registration number applied present date previous sales turnover 20-21and 21-22 declared in it returns previous years tax pay compulsory in gst act ?

Ans. Since threshold limit of registration increased above INR 40 lacs in case of goods, hence, registration is compulsory required to be made under section 22 of the CGST Act, 2017. Yes, GST to be discharged along with interest and penalty for both FYs to avoid legal consequences. 

Q. 109 Residential Unit for Office purpose taken on lease by registered purpose. RCM is applicable if residential unit taken on lease for commercial purpose(office use). If RCM is applicable then ITC is available?

Ans. Yes, as per notification no. 05/2022- CT (R ) GST to be levied under reverse charge mechanism on services by way of renting of residential dwelling to a registered person and recipient (tenant) would be able to claim input tax credit on the same. 

Q. 108 My query is in reference to newly introduced rule 46(s) which mandates declaration of specific declaration on invoices where the taxpayer's AATO exceeds prescribed threshold for e-invoice generation but he is not required to issue e-invoice. So I want to understand whether this is applicable to B2C invoices issued by taxpayers who are issuing e-invoice for B2B transactions ?

Ans. In above case scenarios, yes rule 46(s) will be applicable in case of B2C invoices. Hence, the declaration given under rule 46(s) to be added.