GST Clarifications

• Goods and Services Tax (GST)
• ||
• September 28, 2017

1. Taxpayers who have not set off their tax liability for GSTR3B for July 2017 and have only done submit of their GSTR-3B, have now been given option to edit, Submit and file their return. But those who have already offset liability would not be able to edit GSTR-3B
2. If something wrong done in GSTR-3B than Correction can be made in next month’s return or during reconciliation between GSTR-1, 2 & 3 with GSTR-3B.
3. GST credit can be availed on spare parts used for vehicles repairs and vehicle is a truck used for moving goods.
4. Under Tran-1 you have to give detail of Revised ST-3 and not the original ST-3.
5. If you have purchased goods from other state , bill date was 31.08.17 & Goods received on 05.09.2017 , then ITC should be claimed in the return for the Month of September 2017
6. A taxpayer submitted his registration Application Within 30 days but got registration in August. Now he had purchased certain goods in Month of July. He can take the credit of those bill in the return of August Month.
7. If you forgot some purchase bill to submit in GSTR-3B of July than you can add them in the Return of August.
8. Composition Dealer can Import Goods on payment of BCD and IGST
9. Service tax paid on advance received and now service is completed and while billing under GST Regime GST is Payble on (Bill Amount – Advance Recd)
10. Input credit of Revise Return filed under VAT laws after 1st july but before filing of TRAN 1 can be claimed only through filling TRAN-1
11. Unregistered dealer cannot make inter-state supplies except in terms of  Notification 32/17-Central Tax dated 15/09/17. The purchaser will be liable u/s 9(4) to pay GST.
12. ITC is available under GST with respect to CSR expenses incurred by companies.
13. Insurance/freight paid and charged separately in export invoice(with IGST), will not be treated as export of service.
14. MRP is inclusive of all taxes. No amount of GST can be charged over and above MRP. Amount of GST, however is required to be shown separately on Tax Invoice.
15. Even in case of over the counter sales, if the address of purchaser on Invoice is of other state than it would be treated Inter state Sale.
16. Section 52 of CGST Act has not yet been notified. Till the section is notified all supplies made through E- commerce portal need to be shown in Part-4A of GSTR-1. These supplies are also need to be shown in Part 3.1 of GSTR-3B
17. Amount of IGST need to be mentioned on the invoice made to SEZ.
18. Transporter whose 100% GST liability is paid under reverse charge by receiver of service is not required to be registered under GST as Per Notification No-5/2017 of Central Tax
19. GST paid on RCM for July on 20 Aug can be utilised against July liability.
20. RCM is applicable on Expenses incurred by Director outside India for business Purpose if it is in the nature of supply imported into India.
21. As per Section 51 of CGST Act, only registration of deductor has been opened. Date from which liability to deduct arises will be notified separately.
22. No ITC can be claimed on Car purchased for business purpose.
23. Electricity Expense is a Non GST Inward Supplies for GSTR-3B
24. Manufacturer can take transitional ITC only on duty paying document as per Section 140(3) of CGST Act 2017
25. If Paid IGST by Mistake instead of CGST+SGST than as per Section 19(1) of the IGST Act A Registered person shall be granted refund of the amount of integrated tax so paid in such manner and subject to such conditions as may be prescribed.
26. ITC of IGST on import can be availed only if your GSTIN is mentioned on BOE. So if paid a broker pay the amount on behalf of company than no credit will be allowed.
27. Custom Clearing Charges will come in form GSTR3B under the heading “All other ITC”.
28. Bill of Supply is to be issued for Exempt Goods, Nil rated supplies and Non-GST goods and not a Invoice
29. Advance received for export can be shown under Place of supply -Other Territory under tax bracket of 0% at Sl.11 GSTR-1
30. An Individual renting residential dwelling to Pvt Ltd Co for residential use of director/Officer is Liable to GST
31. Gst is not applicable on sale of used car by an individual
32. HSN code for self invoices raised under RCM will depend upon goods / services being procured. To be shown in Table 4B of GSTR-2.
33. GST paid to bus operator for employee transportation is available as credit because only rent-a-cab credit is blocked.
34. Transfer of land development rights is taxable under gst. And time of supply is as per Section 13 and value as per Section 15
35. Reduction in rate is effective from date of Notification– Like Press release dated 5-8-17 reduced GST on certain job work to 5%. Notification issued on 22-8-17. Rate reduction effective from 22-08-2017 I.e from the date of notification
36. Claim of ITC paid on RCM basis for inward supply from unregistered dealer has to to manually declared in table-4 of GSTR-2, it will not get auto populated
37. A trader purchased goods from SSI- excise opted out unit and such goods are in stock as on 30-6-17. Is deemed credit available in CGST Vide Trans 1. Yes, please see Rule 117(4) of CGST Rules.
38. Advertisement Billboard located at Delhi & service provider also in delhi & service recipient at mumbai than CGST+SGST will be charged
39. Returns under Central Excise Act will continue for non-GST goods.
40. Mistake in GSTR-3B? can be corrected while filing GSTR-1. Mistake in GSTR-1, can be rectified only in next month’s return.

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