Q. Sir i Have one query regarding applicable GST tax rate on air conditioned restaurant services provided by hotel having declared tariff less than Rs.7500.Hotel is also operating bar which is separate from restaurant area.
Also provide us supporting document for gst tax rate.
Ans.
Exempted sale. Refer Notification No. 02/17-CTR
Q. In the books the bill is shown in IGST whereas in GST 2b the bill is in CGST and SGST then how will we show it under ITC in GST r9? Actually supply is interstate.
Ans.
Show in IGST head in GSTR 9. In case of dept audit, actual invoice can be shown as proof.
Q. We have availed ITC on construction for our warehouse given on rent business after safari retreats judgement, is it allowed ?
2nd question is itc on cement in the above case allowed
Ans.
After recommendation of 55th council meeting, safari retreats judgement is overturned. Hence, no ITC allowed.
Q. Restaurant registered under composition dealer, GST RCM on rent rent is applicable or not? What is rate to pay GST RCM?
Ans.
After recommendation of 55th council meeting, RCM on rent on commercial property not applicable to composition dealer.
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. Credit Note belongs to FY 2023-24 not shown in GST Return FY 2023-24 as well as FY 2024-25 till 30.11.2024. But credit note shown in books. Difference of Turnover in books & GSTR-1 & GSTR-3B is only of credit note. What is the best treatment in GSTR-9.
Ans.
Show credit note in Table 4 of GSTR 9 and apply for refund.
Q. Is ITC available on building repair ?
Ans.
As per the safari retreat judgement [2024 TAXONATION 2537 (SUPREME COURT), ITC is allowed
