CA with 9 years experience and specializing in Indirect Taxes.
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N
Nileshkumar
Hi I am planning for car lease foreclosure, my question is do I need to pay GST on the car lease foreclosure outstanding loan amount?
Dear Sir,
In reference to your query, please note that interest on loan is an exempt supply and no GST would be chargeable on that.
However any associated charges levied would be the subject matter of GST. In your case, if any foreclosure charges are levied, then GST may be charged on the same.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
+91 983 654 3836
B
Bhagavat Vishvanathan P
How to file gst 3b using eletronic cash ledger
Dear Sir,
In reference to your query, when you proceed to file the return, then an option is provide to compute, set-off and pay liabilities, from where you can adjust your tax as per your desire.
In case you wish to discharge the same vide cash, then you need to post details accordingly. If the balance is available in your cash ledger, it will be set-off else a challan will be created for payment,
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
+91 983 654 3836
S
Shubha
Hi. My son who is 16 yrs old student is freelancing web development for a client directly ( not through portal). He is being paid 3K- 5K for his work . Since he is a minor with no bank account or PAN or isnt registered the money is being paid to my gpay account. Also I am an employee of private firm and paying taxes for my salary.
The client is now asking him to issue a invoice from an invoice generator (without tax or GST) in his name. Is it legal to issue an invoice in son's name when he isnt registered and when this amount isnt declared in my tax filings ? How do we go about this in a legal way?
Hello,
Income of minor is clubbed with the income of that parent whose income (excluding minor's income) is higher, for income tax provisions.
Minors have no capacity to contract and therefore the guardian of the minor can issue invoice and make compliances.
Regards,
CA Hunny Badlani
Badlani & Associates
https://goo.gl/maps/CHA32shfXavRgdLr5
Hi,
I concur with CA Hunny's views, but there is a major digression.
Clubbing applies in case of passive incomes only.
When a child earns an income by way of any work or from an activity for which he uses special talent or knowledge, the minor is required to file an income tax return.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka
98365 43836
Therefore, in this case Ms. Shubha, you need to apply for PAN of your child and issue the invoice in his name itself.
T&C applyS
Shivam Tomar
I'm buying alot of computers through my business but my CA told me that computers comes under assets and I won't get GST credit on them, is that true?
Dear Shivam,
GST on computer is allowable so you avail ITC on that. However to avail ITC certain other condition needs to be fulfilled like amount expended should be for the furtherance of business.
For further assistance you can reach me at ca.rahuldwivedi@gmail.com or 9004485377
Dear Shivam,
There is no distinction between goods and assets in so far as claiming ITC is concerned, save to the extent in case of disposal.
Therefore, in your case you can easily claim ITC on the said purchases.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
+91 98365 43836
I don't think there is any issue in getting GST credit for capital asset if it's used for business purposes and you are not into a kind of business where credit is not allowed.
For more you can book consultation at: https://www.taxontips.com/gst-consultation/
C
Chirag Patel
My gst registration is cancelled, I want to reactivate my gst
Yes, your registration can be revoke. For it you are required to file revocation application.
CA Aditya Dhanuka 28 Sep 2021Dear Chirag,
You have to apply for revocation of cancellation of registration.
Please note the ministry has provided a condonation time for such application which expires on 30th September.
It would be advisable to do the needful within this time.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
+91 98365 43836
You can file revocation application for that.
For further assistance you can reach me at ca.rahuldwivedi@gmail.com or 9004485377
A
Alok Sharma
Hey! I'm an online seller on platforms like meesho, flipkart and amazon. I sell shoes on these platforms. All of them are under Rs1000. What should be the applicable tax rate for these shoes?
Dear Alok,
5% GST rate is applicable for footwear having a retail sale price up to Rs. 1000 per pair.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
+91 98365 43836
Currently 5% GST rate is applicable on footwear below INR 1,000. However, the rates may rise basis the recommendation of recent GST council meeting to cope up with the issues of Inverted Duty Structure. For more information kindly connect with us at deepakkucheria@gmail.com or +91-9911744028.
T&C applyS
Shubham Jaiswal
My firm is registered in Uttar Pradesh with GST number.I want to trade in West Bengal with GST number registered in Uttar Pradesh..Is there any problem regarding the same if Trading is done in West Bengal regarding any issue?
Dear Shubham JI,
Yes & No both situation can be possible in you case. To advise correctly required detailed discussion with you.
You can reach me at ca.rahuldwivedi@gmail.com or 9004485377 for further discussion.
Dear Shubham,
In reference to your query, in so far you trade in WB from your registered place in UP and raise invoices therefrom, there would not be any issues or loss of any taxation in your part.
However, should you choose to have an establishment in WB through which you propose to conduct your business, then taking registration is advisable so as to avoid any tax leakage.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
+91 98365 43836
S
Shivanshu Pal
I have purchased a laptop and invoice is gst invoice but i forgot to mention company name on the invoice but gst number is there and name and billing address in invoice is my address instead of company name and address.
Can i claim Input Tax Credit? If yes,will there be any legal consequences?
Dear Mr. Pal,
please check is it reflecting in your 2A/2B if answer is yes then you can claim else not.
yes.
CA Aditya Dhanuka 24 Sep 2021Dear Shivnashu,
In reference to your query, in so far as the ITC is reflecting in your 2B you may claim the ITC.
Legal consequences, if any, would arise only if your file falls under departmental review and the said invoice is highlighted by the personnel. Otherwise, for small procedural errors, it is not a matter for concern.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
+91 98365 43836
Thanks sir
CA Deepak Kucheria 25 Sep 2021Strictly speaking, in order to avail ITC the recipient must possess the Tax Invoice which should have been prepared by incorporating the particulars mentioned in Rule 46 of CGST Rules and it specifically requires Name of the recipient as well. In absence of it, the invoice becomes a defective invoice basis which ITC can easily be denied by the department. It is advisable to contact the vendor and get the Name incorporated in the invoice to avoid any litigation. For more information, kindly connect with us at deepakkucheria@gmail.com or +91-9911744028.
T&C applyC
Chnadra Prakash
One of my client is Government contractor, he makes sports field and other sports & fitness related jobs
He got a contract of Open Gym Equipment’s with rubber tiles flooring and installation From Different Government The input required for completing this contract are following items with their GST rate mentioned: -
S. No. Items Name GST Rate
1 Square Rubber Tiles – Flat @ 18%
2 Rodi (Grit) @ 5%
3 Stone Dust @ 5%
4 Cement @ 28%
5 Steel @ 18%
6 Open Gym Equipment’s @ 18%
What is the GST rate, my client should charge the department for the bill after finishing contract?
Dear Prakashji,
Based on your query, it is understood that your client is offering works contract services and he should therefore accordingly charge 18% GST.
Please advise in case of any other clarification.
Thanks & Regards,
CA Aditya Dhanuka.
+91 98365 43836