Solved Queries

Question: 868: What is the exact amount of stamp paper is required to make a HUF deed

Ans: We are not dealing into that subject pls

Question: 867: As per Notification No. 20/2017 dated 22.08.2017, in para (v), the tax for Composite Supply of works contract…… by way of construction, erection, commissioning or installation of “original works pertaining to” has been prescribed at 6% (meaning thereby 12% for CGST+SGST).
However, in one of my cases, the assessing officer has held that GST rate is chargeable at 18%.
Facts:
My client formed a JV with another company to be eligible for getting the work allotted. The work was awarded. The railway construction work was divided by both the JV partners and was carried out by the respective partners of JV. Both the JV partners issued invoice to JV and JV in turn issued invoice to RVNL (Rail Vikas Nigam Limited).
The assessing officer held that since the supplies were made to the JV and not to RVNL, the tax applicable is 18%.
Please provide relevant judgements wherein the words “pertaining to” have been based upon.

Ans: In this case in service tax for works contract the same was available. In GST Presently there is a challenge on that ground. You need to litigate for the same as you are right that purpose is for 12% category. So better you litigate and may result in your favour

Question: 866: please resolve my query that I have taken input of IGST , equally in SGST & CGST while filing gst return for the f.y. 2018-19, now an order u/s 73 of UPGST/CGST ACT has been passed for paying such input of SGST N CGST with interest and penalty by the department, now in case what should I do, please suggest.

Ans: There are judgement which you can search on Taxo.online that interest is not required to pay and even you can claim refund of earlier wrong tax paid

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