Q. Dear Sir/Madam,
Assessee is engaged in the process of commercial coaching. He is also taking classes in few academies where by TDS has been deducted at 194J. Can he declare income under 44AD as a whole. Is there any backing with any case law?
Thanks
Ans.
Yes you can opt.Coaching service is not a technical and professional fee as per Income Tax act, Taxability of a person does not decide on the ground that under which section tax has been detected, if detector has detected TDS under wrong section it does not change the nature of income, section 44 ad can be operated for coaching class.
Q. If the order has been passed under Section73 of GST Act in 21-10-2023 but the order passed is not correct on the grounds of clerical or arithmetical error . whether it can be rectified by the proper officer Suo moto or how we can file the application for rectification online on GST portal . As per Section 161 of GST Act "Provided further that the said period of six months shall not apply in such cases where the rectification is purely in the nature of correction of a clerical or arithmetical error, arising from any accidental slip or omission"
Ans.
You can file the application of the rectification in reference to the section 161 by stating the error and mistake so happened.
Q. सर
व्यापारी को GST नोटिस आया है की 2021-2022 में उसने ज्यादा ITC ज्यादा क्लेम की है I
सीमेंट का व्यापारी है 2021-2022 में 2ND Quarterly में पोर्टल पर बिल शो नहीं हो रहे थे तो मेनुअल ITC डाल दी थी फिर बाद में वो बिल शो हो गये इस प्रकार डबल ITC क्लेम हो गई l दो भाई मिलकर सीमेंट की SubDealership चलाते थे उनकI आपस में झगड़ा हो गया बटवारा हो गया तो 22-23 में कारोबार बंद हो गया I और अभी तक NIL की Return भरी जा रही है l
लेकिन वो EXECESS ITC आज तक USE नहीं की I पोर्टल पर ही पड़ी है l अब सर आपसे निवेदन है की मुझे निर्देशित करे की क्या जबाब दे और कैसे ITC REVERS करे I
Ans.
ITC which had been taken twice as per your query, needs to be reversed via filing of DRC 03 stating the excess itc claimed.
Q. I have received physical copy of OIA and now I want file an appeal in Tribunal. For that matter I need to pay pre-deposit first as per instruction issued by Circular. However, any order related to this proceedings are not uploaded on portal. Government has specified that it should not be paid via DRC-03. How shall I Proceed?
Ans.
It's not yet operational.
Q. I HAVE INVOICE DATED 01-JUNE 2023 BUT I ENTERED THIS INVOICE IN JULY 2024 GSTR1 AND GSTR3B INSTEAD OF JUNE 2023 GSTR3B. WHICH IS AFTER 13 MONTHS. THIS INVOICE HAS 3.2 LAC TAX. I HAVE ITC SINCE DECEMEBR 2022 MORE THAN 15 LACS AND IT HAS NEVER BEEN LESS FROM 15 LACS.
NOW IN ASSESSMET OF YEAR 2023-2024 GST DEPARTMENT IS ASKING ME TO PAY PENALTY OF 15 PERCENT AND 1.5 PERCENT INTERSET PER MONTH FOR THIS INVOICE. WHILE I HAVE ITC FOR 15 LAC SINCE DEC 2022. SO JUST TELL ME DO I NEED TO PAY INTERSET AND PENALTY
Ans.
Penalty is not payable as tax was voluntarily paid by the assesee. Interest is payable irrespective of balance in e-credit ledger.
Q. If a unregistered customer sold his old gold to registered jeweller then jeweller has to pay GST RCM on old jewellery or not?
Ans.
Since there is no such notification on the applicability of the RCM, thereby the it’s not applicable
Q. If a person voluntarily apply for cancellation does a officer has power to cancel his with retrospectively date and if if i check the status on his gstin how can i get to know whether the application has been cancelled by officer with retrospective date because it is showing cancellaion from the date of registration
Ans.
As per our view to the query raised, the date of the GST cancel should be from the date which has been mentioned by the taxpayer in the cancellation application. However if the officer had cancelled the GSTN retrospectively, than it should be challenged.
