Solved Queries
Q.48 Actually i want to know, as due date of ITC 04 was 25th april 2022 for OCT to March 2022, what kind of penalty or interest i have to pay if the same was not filed on due date
Ans. As of now there is no late fees, penalty or consequential provision prescribed specifically for ITC-04 under the GST law. However, in the absence of the same, a proper officer has the power to impose a penalty depending upon the nature of circumstance under section 127 of the CGST Act, 2017. Further under section 125, general penalty of Rs 25,000 for CGST (i.e. Rs 50,000 for IGST) has been prescribed in cases where specific provisions have not been provided. Also, equivalent penalty shall be levied under SGST Act.
Q.47 Whether GST need to be paid on supplies made before exceeding threshold limit ?
Ans. The threshold limit is merely for the registration purpose only. In case you have crossed the threshold limit or voluntarily taken the registration, in that case GST shall be payable on all supplies made post to obtaining the registration irrespective of the fact that the gross amount does not exceed the amount of threshold limit.
Q. 46 X of Mumbai places purchase order for goods to Y of Mumbai . X instructs Y to deliver goods at different location in india on different dates to employees of X. now how E-way bill to be issued? when goods delivered at different states should Y levy igst or sgst/cgst? on issuing invoice?how invoice will be raised on completion of supply of goods?
Ans. In the given case, if “X” is registered then “Y” shall raise an invoice in the name of “X” and the place of supply shall be the registered place of “X”.
As per facts, both “X” and “Y” are located in Mumbai, therefore the place of supply shall be Maharashtra for each supply to employees of “X” and hence “Y” shall charge CGST and SGST.
Invoice and E Way Bill will be issued on the basis of “Bill To” and “Ship To” model. In other words, while issuing the invoice to “X”, “Y” shall mention “X” as buyer i.e. bill to address and employee of X as consignee i.e. ship to address.
