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Rediff.com  » Business » 'Flats sold after getting OC not liable for GST'

'Flats sold after getting OC not liable for GST'

July 04, 2017 17:52 IST

Rama Krishna Sangu, partner, Manohar Chowdhry & Associates, Chartered Accountants, and a member of the Indirect Tax Committee of ICAI, fielded readers’ questions on GST on Rediff Chat.

Illustration: Dominic Xavier/Rediff.com

GST

 
Shekhar
Q: Sir, I have a small online seller account on marketplace. But my turnover is below 2L. Can i apply for GST as it is required by the portals?
S Ramakrishnan
Ans: Yes sir any sales made through e commerce operators shall be subject to mandatory registration
Pragnesh Shah
Q: Is there any site from where we can get the GST rate applicable against each HSN CODE?
S Ramakrishnan
Ans: http://rediff.ly/6p09n
Raj Kumar Rungta
Q: During service tax professional could pay ser tax on cash basis up to 50 lks,whether same has been discontinued in gst.
S Ramakrishnan
Ans: No sir service tax provisions are different from GST provisions you need to pay either at the time of receipt of advance or raising of invoice whichever is earlier
Sunil Ipar
Q: Hello sir. I am small trader T/O below 20L hence no needs to register for GST. But when I purchase the material from Supplier with GST bill. How can I get benefit the GST, My selling price may higher compare to the GST register trader.
S Ramakrishnan
Ans: If you are Unregistered because your turnover is below 20 lacs you cannot get any GST benefit as input tax credit it is a cost to you
Neeraj Vaid
Q: We are marketing agents of gini silk mills ltd receiving commission of around Rs 300000 lac do we need to apply for GST number.
S Ramakrishnan
Ans:Since you turnover of commission is below 20 lacs you need not have GSTt registration
Jenny Dsouza
Q: What are the certain fields mandatory to be mentioned on the GST supply invoice?
S Ramakrishnan
Ans: Dear sir please refer Invoice Rules of GST in cbec.gov.in
Jjpl Ags
Q: We are distributors of health care products. In which part of GST TRAN -1 do we need to file up the closing stock position as on 30.6.17.
S Ramakrishnan
Ans:You need not separately submit any closing stock to the department unless you are claiming input tax credit on those stocks. In such a case u need to file FORM GST TRAN 01 within 60 days from 1st July
Kundan Products
Q: Shall we get input credit on car and Commercial Vehicle GST, if purchased in proprietor firm?
S Ramakrishnan
Ans:NO Section 17(5) denies itc on motor vehicles
Uttara Shah
Q: How do I treat service bills, which are unpaid by clients on 1st July 2017?
S Ramakrishnan
Ans:Since bill has already been raised you should have discharged service tax on those bills GST shall not be applicable
Sunil Ipar
Q: Hello sir. I am small trader T/O below 20L hence no need to register for GST. But when I purchase the material from Supplier with GST bill. How can I get benefit the GST, My selling price may higher compare to the GST register trader.
S Ramakrishnan
Ans: If you are Unregistered because your turnover is below 20 lacs you cannot get any GST benefit as input tax credit it is a cost to you
Kakingere Irshad
Q: Sir good afternoon. I newly opened a ladies boutique [dress material] selling. So please help me sir whether GST is applicable for me or my customers.
S Ramakrishnan
Ans: Yes
Ajay Mehta
Q: I am a professional and having books of account on receipt basis. Now if any old payment is received on which service tax was levied then how to make payment?
S Ramakrishnan
Ans: If already service tax is discharged GST will not come
Rupesh Das
Q: Sir I am planning to start industrial product trading, buying from other state and selling to industries, should I register GST
S Ramakrishnan
Ans:If your turnover exceeds Rs. 20 lacs u need regn otherwise not
Markand
Q: Is resale and buy of old property attracts GST? WHAT ABOUT CONSTRUCTION DONE IN PURCHASE OF RESALE PROPERTY?
S Ramakrishnan
Ans: Constructed flats sold after getting occupancy certificate not liable to GST
Vaibhav Malpathak
Q: For pharmacy HSN code is of 4 digit or 8 digit, rumours are 8 digit code is for international market kindly clarify
S Ramakrishnan
Ans: 4 digits
Maulik Shah
Q: Sir, we have booked a flat in an under construction flat. The builder said that after 1st July, we will have to pay 12% GST. This would increase the cost by 7%. Builder is going to give possession in November 2018. But he says he has already bought 70% of raw material and therefore can not pass on benefit of INPUT TAX CREDIT. Can you please advise what should we do? Thanks.
S Ramakrishnan
Ans: He can pass on the credit of the wipe of the projects
Bidhu Bhusan
Q: In composition scheme a trader will be allowed to purchase material from out of the state or not
S Ramakrishnan
Ans: Yes out of the state purchases can be made but out of the state sales cannot be made
Choodesh Gowda
Q: Export to Bhutan Hydel power projects. Pl advises me the impact of GST.
S Ramakrishnan
Ans: Exports are zero rated so not taxable
Ashish Singhania
Q: If I want to sell goods interstate & the customer who is purchasing goods is not having GST No. Can I sell goods to that person?
S Ramakrishnan
Ans: You can always sell goods inter state or intra state to any person. but when you purchase goods from un registered dealers then you need to pay tax under reverse charge mechanism
Pinto Sakar
Q: Hello please help me it is emergency situation why we pay personal income taxes and again I have to pay GST taxes what ever I purchase from market is it not double taxing for a job seekers and performer.???? what is everyone opinion please help.
S Ramakrishnan
Ans: Sir please remembers that you are not paying GST. as a seller you are liable to pay GST but that can be collected from the buyer. You are only acting as an agent between consumer and govt. it is the consumer who will bear the tax burden
Dhiren-Parekh Parekh
Q: Do we have to start a new Invoice serial numbers for GST or the running invoice numbers are allowed?
S Ramakrishnan
Ans: We strongly recommend starting with a new series
Sai Chavan
Q: Is non ac hotels also charge GST on food items?
S Ramakrishnan
Ans: Yes, if they opted composition scheme 5%, otherwise 12%
Kamal Kapoor
Q: [SKB] Dear Sir, I am holding stock from excise exempt area ... Pls confirm am I eligible for any refund( 60% of central GST.)as my category straight away comes in 28% GST from 12.5%Also confirm me HSN code of water dispenser.
S Ramakrishnan
Ans: if u have paid to the supplier a price which is inclusive of excise duty then u r entitled to claim 60% of the CGST payable as deemed credit
Sujoy Das
Q: How this GST will work for all products? Is there a tracking of each item? If manufacturer, distributor and retailers don't issue receipt the how to collect GST?
S Ramakrishnan
Ans: it is very difficult to escape from GST net as every purchase will be recorded in the GSTN portal let us say if the manufacturer does not say sale but he should have purchased raw materials from somebody that some body will show as sales to the manufacturer now the manufacturer has to account for that purchases in his books
Ravi Ranjan
Q: sir , running pharmacy pvt ltd company, marketing pan India , many times we bill direct to retailer (less then 20 lac category), also having many parties who do not have tin no , Pls suggested, how we raise invoice in favour of above mention category
S Ramakrishnan
Ans: For any category of buyer you need to issue mandatorily Tax Invoice. For any type of customer we need to issue Tax Invoice
Goutam Banik
Q: I want to transfer goods from Surat or Mumbai branch to Kolkata, what are the tax implications
S Ramakrishnan
Ans: It is an inter state stock transfer and attracts IGST, however intra state stock transfers are not liable to GST
Goutam Banik
Q: I have a godown in Mumbai and head office in Kolkata, what happens if I directly send goods from Mumbai to other parts of India and the billing is done in Kolkata, what are the tax implications
S Ramakrishnan
Ans: You have to register in the state of Maharashtra and accordingly raise invoices and when you are selling goods to persons located outside MH you need to pay IGST
Administrator
Q: I have purchased under construction flat 3 years ago. Now due to GST I am being taxed 12% on each instalment instead of 5 - 6 % previously
S Ramakrishnan
Ans: I did not get your question you are paying instalment to Bank or builder
Abhilash Abhilash
Q: Dear Sir. I am from Kerala handling a service centre cum branch office of a (led TV) manufacturing company whose HO is in Maharashtra .and have branches across India Company registered under GST for Maharashtra (ho) only and told one registration is enough for pan India basis. My question how can i send /receive goods (faulty TV/spares parts etc)
S Ramakrishnan
Ans: You need to have registration in every state where you have operations there is no concept called single or central registration for all locations country
Goutam Banik
Q: That means I have to take separate GST registrations for all the godowns which i have in different states
S Ramakrishnan
Ans: Yes
Shreesha Ranganath
Q: Is this 20 lacs threshold limit applicable for professionals like CA, CS, and ICMA also?
S Ramakrishnan
Ans: Yes
Vilas Raje
Q: Sir we are a "Commercial Photography Service Provided" based in Maharashtra. We have a corporate customer based in Delhi. We provide services to their customers in Maharashtra & bill to their Delhi office. Which GST should we charge (only IGST or Mix of SGST & IGST)?
S Ramakrishnan
Ans: U needs to raise IGST Bill
Jupiterinfology
Q: Hello Sir, in case of composite dealer is the value of item been treated including GST (e.g. 100+ 28%=128) or he will be benefited from tax like normal dealer. If yes then why he should pay 1% on total turnover... please clear
S Ramakrishnan
Ans: Whatever he will be purchasing he will have to insure regular taxes but on output he will pay lower tax
Santosh
Q: I am graphic designer I do designing jobs as side business does i have to take GST registration
S Ramakrishnan
Ans: If your turnover from such profession exceeds Rs. 20 lacs then u need to register