Q. Dear Sir / Madam,
In case of sugar industries they produce recitified spirit also which is leviable under VAT. With the production of rectified spirit there is aslo generated as waste product namely Spent Ash. The said product is not saleable and is to be dumped in some farmlands. For this dumping freight cost is icnurred in which the party has charged GST @12% for transportation of Spent ash. Whether ITC will be available on spent ash?
Ans.
ITC in respect to the transportation of the dumping of waste (produce from the manufacturing) is in the course of business only thereby itc is allowed. Subject to rule 42/43 it is allowed
Q. Initially the supplier didn’t pay the tax on a certain transaction. The recipient paid the said tax with interest to avoid litigation. Later on the Supplier also paid the tax with interest. Now the question is whether the recipient would be eligible for refund along with interest paid?
Ans.
Recipient is eligible to claim the refund.
Q. ASSETS PURCHASED OF RS.51400 AND THE CONSIDERATION PAIDIN CASH .WHETHER ITC WILL BE ELIGIBLE.IF NOT PL QUOTE CIRCULAR/NOTIFICATION
Ans.
As per the section 16 read with section 17 of the CGST Act 2017, no where is mention that ITC is not allowed if paid in cash. You need to fulfill the conditions prescribed
Q. Is GST is applicable on delivery challan
Ans.
Gst is not applicable on delivery challan.
Q. CAN I CLAIM ITC ON PURCHASE OF MACHINARY WHICH IS USED TO PUT FOR CAR WASHING AND RUBING .I WILL GIVE SERVICE TO THE CUSTOMER AND CHARGED GST ON IT
Ans.
Yes in accordance with section 16 you can Claim ITC.
Q. CAPITAL GAIN TAX ON PROPERTY TRANSFERRED TO NEPHEW WITH STAMP DUTY VALUE RS.1CRORE, AND SALES CONSIDERATION NIL
Ans.
No capital gain tax arises on gift to any person. But donee may liable to tax if he is not relative of donor as covered in section 56. Nephew if he is the son of a real brother then it is also not taxable in his hand.
Q. Our assessee is running a hotel and he is expanding new rooms . Can ITC on construction material is allowed like cement, iron, electricity , senitary items.
