Q. GST DEPARTMENT ISSUED DRC-07 ORDER ON 10-01-2025. JUST TELL ME HOW MUCH TIME I WILL GET FOR APPEAL?
Ans.
3 months (90 days) + 1 month (30 Days) grace.
Q. State Government provided Grant for construction of Capital Asset (Building) to a cooperative society. It recognizes grant in profit and loss account and also declares in GSTR 9 - "No Supply" Table 5F. Will such grant be considered in Exempt Supply for the purpose of reversal under Rule 42? Consideration do not includes Government Grant and if a grant is received for an asset, which is not being supplied, so it cannot be considered as supply?
Ans.
Grant received is not considered as supply and it is not considered in reversal of rule 42 and 43.
Q. IF A MATTER HAS BEEN TAKEN INTO SCRUTINY AND OFFICER ASKED TO FILE TAX AND PEANLTY ALONG WITH INTEREST BECAUSE ONE OF MY CLIENT SUPPLIER HAS BEEN DEEMED NON EXISTENT AND EVEN AFTER PAYING ALL THE TAXES INTEREST NAD PENALTY AND HAVING ASMT 12 ORDER .THEY HAVE ISSUED SEC 74 NOTICE TO RECOVER THE AMOUNT
Ans.
If as per Asmt 10, they had covered this matter, than the same matter cannot be covered again. You can challenge the same
Q. My client is authorised dealer of Maruti. It also deals in second hand cars and paying GST on margin. Now it has purchased second hand car from registered person, who has charged GST. This car will be for resale. Whether the said client is eligible for ITC of GST paid on purchase of second hand car ?
Ans.
The dealer has 2 options:-
Option 1: To take the itc of this car and collect the tax at total sale price.
Option 2: not to take the itc on the purchased car and collect the tax at margin scheme.
Q. LIFT INSTALL IN BUSINESS PLACE MY UESTION IS LIFT ITC AVABLE OR NOT
Ans.
Lift is the immovable property and the ITC on this is blocked u/s 17(5).
Q. I want to know that , If i got a Order of Payment of GST under RCM, than can i avail ITC of the Said RCM if Paid today for older older years? If yes please provide me Details satisfing our stand. Thank you.
Ans.
If you are paying gst on rcm based on the order issued u/s 73, input can be claimed based on the tax paid in current year and also generate self invoice in the year of gst payment made. If the order is being passed u/s 74(5), ITC cannot be claimed based on section 17(5).
Q. The dealer is already registered at Maharashtra and liable to generate E-invoice. The dealer has obtained registration under Casual Taxable person (CTP) at Delhi. In case of CTP, is the dealer is mandatory to issue E-invoice ? If no then reason. Any notification or circular. Please assist.
Ans.
If you are liable for E-invoicing, then the CTP would be required to issue an E-invoice as there is no specific exemption to CTPs.
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