Q. Is gst itc available on construction of building to provide taxable supplies
Ans.
As you have not mentioned which taxable supplies. According to our view ITC on construction of building can be availed Subject to section 17(5) read with the judgement passed by the Apex court in case of safari retreat [2024 TAXONATION 2537 (SUPREME COURT).
Q. Is ITC available on building repair ?
Ans.
As per the safari retreat judgement [2024 TAXONATION 2537 (SUPREME COURT), ITC is allowed
Q. Restaurant registered under composition dealer, GST RCM on rent rent is applicable or not? If he will pay RCM on rent then he is eligible for ITC or not?
Ans.
RCM paid by the composition dealer is not eligible to take the input tax credit of the Rcm paid in accordance with section 10 of the CGST Act, 2017.
Q. During the financial year 2023-2024 some expenses like advocate fees was paid by me and no amount of RCM was deposited during the year but I have deposited the amount of RCM in Oct 24 in form no GSTR 3B and also make claim of the RCM amount. Now my query is that I am in requirement to show the amount of RCM in GSTR 9 for the financial year 2023-24 or not . If required, kindly also suggest the method of it in GSTR 9.
Ans.
As per our view you are required to show the RCM in gstr 9. First point of view: show in table 4G where tax is being paid and ITC claimed in the table 13 of gstr 9. Second view: show in table 10 where tax had been paid and ITC claimed in table 13 of gstr 9.
Q. Can a pan shop selling sweet pan and tobacco pans and selling cigarette and pan masala can opt composition scheme 1% or 6% or is it compulsory to opt regular scheme
Ans.
As per our understanding, In section 10(2)(e) the word mentioned is “manufacturer” of such goods as may be notified. In your case is the dealer is the trader, option to opt for composition scheme is available.
Q. MY QUERY IS WHETHER RCM IS APPLICABLE ON E -WASTE ?
Ans.
As per section 9(3) read with notification in relation to the RCM applicability on goods, e-waste is not covered.
Q. My GST No is cancelled and 270 days are already passed away can i revoke my GST NO
Ans.
As per rule 23(1), the revocation can be filed within 90 days of gst cancellation provided if the JC agrees, it can be extended to 180 days from the date of cancellation. In the query raised, the option left with you is to file the appeal.
