Solved Queries

Q. 163 what is inverted duty structure ?

Ans. Inverted duty structure is the situation when the rate of tax on inward supply is more than the rate of tax on outward supplies. For example Procurement of raw material @ 18% GST, however, the GST rate on final outward supply is 5%, this type of case will fall under an inverted duty structure.

Q. 162 A Dental doctor running a clinic.a doctor purchase of medicines for dental treatment purpose used. Question: 1.A doctor purchase of medicines used to patients taxable or exempted in gst act. 2.health services exempted doctor purchase of medicines on doctor name or clinic name is correct procedure ?

Ans. GST is levied on the purchase of medicines; it is not exempt even if medicines are purchased by the doctors or hospitals. Services by way of health care services provided by clinical establishments are covered under exemption notification. However, cosmetic and dental beautification services are taxable under GST. 

Q. 161 Please clarify whether RCM is applicable on import of goods with supporting case laws. If we are liable to pay are we supposed to pay interest and penalty ?

Ans. The IGST Act, 2017 provides that the integrated tax on goods imported into India shall be levied and collected in accordance with the provisions of the Customs Tariff Act, 1975. IGST is a part of customs duty only and to be paid along with payment of customs duty. Moreover, there is no provision w.r.t rcm on import of goods in the IGST Act.

Case laws:- M/s Fom Aluminium Machines Pvt. Ltd 2020 (KAR/09/2020 dated 12.03.2020) 

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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