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Solved Queries

Q. 726 Dear Sir We Are A Construction Company We Are Registered In Bihar GST , We Have Been Awarded A Work In Bihar For construction of Structures And Other Support Work For Silos for Grain Storage ( A Type Of Plant And Machinery) By Our Client Who Is Registered In Telangana State. Our Client Is Into Installation And Maintenance Of Mechanized Silo For Storage Of Grains. The Main Work Of Our Client Is The Installation Of Machinery And The Civil Structures Are Ancillary Works Relating To Installation. We Are Engaged Only For Providing A Civil Structure/ Support Structure On Which they Are Installing The Machinery. They are asking us to charge IGST in outward / Bills, Can we charge IGST in our bills. 

Ans. If the location of the supplier and place of supply is Bihar then CGST/SGST needs to be discharged.

Q. 725 1.What is the definition of outdoor catering in GST for the purpose of section 17(5)(b).

2.Does receving outdoor catering or indoor catering makes any difference for the purpose of availing ITC.

3. Will ITC be available on indoor catering 

Ans.

“Outdoor catering” means supply, by way of or as part of any service, of goods, being food or any other article for human consumption or any drink, at Exhibition Halls, Events, Conferences, Marriage Halls and other outdoor or indoor functions that are event based and occasional in nature.
Definition of indoor catering is not given under GST Act.
(i) Foods & beverages, outdoor catering, health services, beauty treatment, cosmetic and plastic surgery, leasing, renting or hiring of motor vehicles, aircrafts and vessels except when used for specified purposes, life insurance and health insurance.
(a) ITC Allowed
  • For leasing, renting or hiring of motor vehicles or vessels or aircrafts on which ITC is allowed.
  • Such services are provided to employees under statutory obligation.
  • Such services are used for making an outward taxable supply of same category of service.
  • Such services are used by the taxpayer who is in the same line of business (sub-contracting).
(b) ITC Blocked Other than specified above

Q. 724 I want to know GST compliance under GST law if any taxpayer registered under GIFT CITY ?

Ans. Legal provisions mentioned in the Central Goods and Services Tax Act, 2017 will be applicable.

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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