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Solved Queries

Q.21 hello, my client is exporting consultancy services from aug 2021 but took gst no. in feb. his total supply till date is 55 lakh.

  1. should he pay 18% on 35 lakh means treating 35 lakh as taxable value??
  2. should he treat 35 lakh as 118%?
  3. Can he claim refund of GST paid? 

Ans. In case your client is exporting consultancy services, in that case you need to apply for LUT and make exports without payment of duty.

Further, the requirement of taking registration arises once you cross the limit of Rs. 20 L in case of services. Therefore, tax ,if applicable, needs to be discharged only after obtaining the registration. Consequently, 35 Lakhs shall be treated as taxable value.

If your client is not charging GST from his client, tax needs to be paid by your client from his own pocket and if all the conditions of exports are satisfied, he can claim a refund. No need to consider it 118%.

Yes, if all the conditions of exports of services are satisfied, he can apply for a refund.

 It is advisable to make exports under LUT.

Q.20 Provide 8-digit HSN code for token vending machine ? 

Ans. To specify the HSN of the token vending machine, we require more details about the vending machine i.e. clarity about the type, usage etc.

Based on our understanding, the HSN for vending machine are:

S. No. Description HSN
1 Automatic Beverages-Vending Machine Incorporating Refrigerating Device 84762110
2 Automatic Beverages-Vending Machine Incorporating Heating Device 84762120

Q.19 What are the supporting documents required for cash ledger refund ?

Ans. As per the proviso to sub-section (1) of Section 54 of CGST Act’ 2017,refund of balance in the electronic cash ledger can be claimed by way of furnishing returns under Section 39.

However, practically the refund of balance in electronic cash ledger is being filed through Form GST RFD-01 on the GST portal. There is no mandatory requirement to upload supporting documents in relation to filing of such refund. Once the refund is applied the portal automatically computes any liability which may arise on the basis of mismatch of GSTR-1 with GSTR-3B filed by the registered person and a notice is issued to clarify such gap. Where there is no such gap, the refund is sanctioned accordingly 

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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