Q. I have received 10 grams of gold worth ₹95,000 as consideration for the sale of 10,000 cement bags. TDS has been deducted under Section 194R on this income.
Am I required to issue a tax invoice for the same and collect GST? If yes, then at what rate of GST?
Further, what if the company had given me this gold at the time of Diwali as a gift for being their valuable customer? Would the GST implication be different in that case?
Ans.
1-Since this is the incentive, services, it should be taxed @18%.
2-If it’s being given as gift, it will be considered as other income with no gst effect (subject to tds 194R not deducted) (however if deducted, treatment as option 1 above)
Q. Official Notication of change in GST from 22.09.2025
Ans.
Sir, Changes has been declared in council meeting only no official notification released yet.
Q. If gift less then 50000 shall not treated supply (Exempt) then ITC can claimed on That purchase
Ans.
No, Section 17(5)(h) ITC disallowed.
Q. Is amount received from indian army on acquisition of agricultural land in shape of rent taxable
Ans.
Yes, taxable if rent is received.
Q. I do transport work in which I dispatch party's goods from factory to port for which I charge freight bill and party pays tax on freight UNDER RCM and our Annually freight value is around Rs 20 lakhs including all parties.
I wanted to ask whether it is mandatory for me to get registration under GST, whereas the party pays tax on transportation under RCM.
Ans.
There is no need to take GST registration if the parties are paying GST on freight under RCM.
Q. Will rcm tax liability apply to machinery rent or any type of machinery hire
Ans.
As per the notification 09/2024 dated 08/10/2024, a new entry 5AB had been inserted in notification 13/2017 CGST tax rate as stated:-
New Entry Under Serial No. 5AB: The exact entry is as follows: Serial No. Category of Supply of Services Supplier of Service Recipient of Service 5AB Service by way of renting of any property other than residential dwelling. Any unregistered person Any registered person This amendment shifts the responsibility of paying GST (18%) from the unregistered landlord to the registered tenant under RCM. The registered recipient (tenant) is required to calculate, pay GST, and may claim Input Tax Credit (ITC), provided the rented property is used for taxable activities.
Thereby No RCM applicable on the renting of machinery
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.
