Solved Queries
Q. 85 The dealer has undertaken re-development of residential property, earlier purchased TDR on which GST @ 18% was charged. Now he does not want TDR and hence intends to sale to another builder doing residential project. Is the seller of TDR liable to charge GST @ 18% ?
Ans Supply of TDR would attract GST at the rate of 18% both at the time of purchase and sale. Hence, the seller of TDR would charge GST @ 18%.
Further, ITC credit of the above transaction would be available after fulfilling the eligibility conditions given u/s 16(2).
Q.84 Can we take ITC by exchange of goods instead of payment to the supplier of goods?
Proviso of Section 16(2) (d) of CGST Act , 2017 deal with eligibility and conditions for taking ITC which reads as :
“——–provided also that the recipient shall be entitled to avail of the credit of input tax on PAYMENT MADE BY HIM of the amount towards the value of supply of goods or services or both alongwith tax payable thereon”
Is payment made means consideration and not exchange of goods
Ans As per the definition of consideration given under section 2(31), consideration can be in the form of monetary or non- monetary payment made or to be made, for the supply of goods or services.
Yes, ITC can be claimed if the eligibility conditions to obtain u/s 16(2) have been obliged.
Q. 83 Sir I m filling gstr 4 my purchase after adjusting credit note is 376729.80rs inclusive gst and my sale is 548615.00
I have also unregistered purchase but I have no record of unregistered purchase is unregistered purchase mandatory to show I have no pan detail of party please help me in this regard as soon as possible
Ans The details regarding inward supplies received from an unregistered supplier is mandatory to be reported under Table 4C of GSTR-4. The columns mandatorily required to be filled are :-
• Place of supply
• Supply type
• Taxable value
• Rates
Further, as per GST offline utility pan details are not mandatory.
