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Que. Id Date Description
39250
Jun, 27
2019
DIRECT TAXES - ( REVISING RETURN FOR AY 2018-19 )

AY 2018-19 intimation U/S 143(1)(a) received. Addition happened. Now found an error in return. Now what is the recourse. Also observed that the auditor has made slight typographical mistake that has led to addition.

BY: DARSHAK MAGANLAL THAKKAR

Total Answers : 0 | View Answers | Post Answers

39246
Jun, 26
2019
TDS/TCS - ( TDS ON PAYMENTS TO INDIAN RAILWAYS )

Municipal Corporation - local authority has to make a contractual payment to Indian Railways. Whether local authority is required to deduct tax at source on payment to be made to Indian Railways?

BY: DARSHAK MAGANLAL THAKKAR

Total Answers : 3 | View Answers | Post Answers

39247
Jun, 26
2019
GST - ( GST TYPE WHETHER CGST/SGST OR IGST )

Company is exporting the goods through courier company. My query is courier company is charging IGST whether it was correct as both company are in the same state.

BY: Shobhit Bansal

Total Answers : 1 | View Answers | Post Answers

39248
Jun, 26
2019
DIRECT TAXES - ( EXCHANGE RATE FOR EXPENDITURE INCURRED IN FOREIGN CURRENCY )

Hello Professional Colleagues, Can you please guide me on which exchange rate is to be considered in income tax for expenditure incurred in foreign currency and also paid in foreign currency through EEFC account? (Which exchange rate is to be considered in Books of account for booking the Expenditure in INR?)

BY: Manisha

Total Answers : 0 | View Answers | Post Answers

39249
Jun, 26
2019
GST - ( REVERSE CHARGE )

GST on Transfer fee received by Municipality (who is registered) from lessee is under reverse charge i.e. lessee has to pay GST and not Municipality. Now if in this case if lessee is unregistered then who has to pay GST. Is Municipality liable to pay GST because lessee is unregistered?

BY: DARSHAK MAGANLAL THAKKAR

Total Answers : 1 | View Answers | Post Answers

39243
Jun, 25
2019
AUDIT - ( CONSOLIDATION OF FINANCIAL STATEMENT )

The audit for Fy 2017-18 of holding and its subsidiaries companies was done by M/s XYZ and Company, Chartered accountants and resigned . Can the Consolidation for FY 2017-18 be done by another Auditors?

BY: CA. BISHT RAKESH

Total Answers : 1 | View Answers | Post Answers

39244
Jun, 25
2019
GST - ( UPLOADING DIGITALLY SIGNED GSTR 9 C )

Whether any body has submitted successfully digitally signed GSTR 9C on portal? I have a digitally signed GSTR 9 C by auditor but system is showing error upon upload Though No error report is generated. Other documents like PDF files of Balance sheet and Profit and loss account are also not getting uploaded. A big headache.

BY: Mahesh Kumar

Total Answers : 2 | View Answers | Post Answers

39245
Jun, 25
2019
GST - ( TDS CREDIT ISSUES FOR DEDUCTEE )

I am a Registered Supplier in GST and having some supplies to Government. Invoices are being raised on periodic basis, however payment is made by Government on account basis not on Bill to Bill basis. Therefore When i go through my TDS credits, which are linked with payment made by Government, I am unable to distinguish the actual credits and reconcile the same. Now, Problem before me are following:- 1. Once I file my TDS credits, can i change it on subsequent period, 2. I have filed TDS credits for the month of October, 2018. In December, 2018 i came to know one more entry pertaining to October 2018, how can i get the credit of the same now. 3. In month of January 2019, I have made 10 supplies to various government institutions. TDS in respect of 9 out of 10 supplies are being received. Can i go ahead with taking credit of these 9 supplies and for balance one supply how can i get credit of the same.

BY: GAURAV GOYAL

Total Answers : 0 | View Answers | Post Answers

39236
Jun, 24
2019
GST - ( REFUND IN CASE OF SUPPLY TO SEZ UNIT )

Dear sir, we have supplied works contract service to sez unit. my query is after amendment in Sec 54 (8)(a) can we claim refund of tax paid on final service but not collected from SEZ unit or we can only claim refund of unclaimed itc on Inputs. Is both options available to us

BY: VIPIN GUPTA

Total Answers : 3 | View Answers | Post Answers

39237
Jun, 24
2019
GST - ( REGISTRATION )

A person is engaged in business of booking air tickets (both domestic and international) on behalf of his clients (for end users or sub-travel agents), from IATA approved travel agent situated across the country. He raises invoice for his services by specifically mentioning an amount for tickets booked on reimbursement nature and service charge / commission on the said booking distinctly. Further he separately receives an incentive from IATA approved travel agent for booking made through them. His commission / service charge and incentives received does not exceed Rs. 20 Lacs per year. Does ticket amount is included in his turnover? Whether is he required to get himself registered under GST? And if yes, can he take the benefit of Notification No.10/2017 – Integrated Tax dated 13.10.2017?

BY: Shyamal Jariwala

Total Answers : 3 | View Answers | Post Answers

39238
Jun, 24
2019
GST - ( TAXABLITY UNDER GST )

A person is an agent of Mutual Fund Assest Management Companies, General Insurance Companies as well as Life Insurance companies. He gets commission from the respective companies on the SIP instalments or premium on the General / Life Insurance policies paid by his clients. Is it mandatory for himself to get registered even if his commission is below Rs. 20 Lacs? How is he required to pay GST on all three commission incomes and at what rate?

BY: Shyamal Jariwala

Total Answers : 2 | View Answers | Post Answers

39239
Jun, 24
2019
GST - ( GST ON TRANSFER FEE BY MUNICIPALITY )

A Municipality has given some premises on lease. Now with retrospective date they are revising the transfer fee and amount alongwith interest become receivable by government and payable by lessee. When will GST liability arise and it yes does it fall under reverse charge?

BY: DARSHAK MAGANLAL THAKKAR

Total Answers : 1 | View Answers | Post Answers

39240
Jun, 24
2019
GST - ( UNABLE TO CREATE JSON FILE FOR GSTR 9C )

WE ARE UNABLE TO CREATE JSON FILE FOR GSTR 9C AND SIGN DIGITALLY.HOW TO SOLVE THIS PROBLEM ??

BY: SUDIP KUMAR MUKHOPADHYAY

Total Answers : 2 | View Answers | Post Answers

39241
Jun, 24
2019
Companies Act, 2013 - ( DPT-3 FILING )

For a private limited company having outstanding Overdraft facility from scheduled bank and outstanding directors loan in their books of account, please clarify the following: 1) Whether they have to file under Option 1 and option 3 coming under "Purpose of the Form" in DPT 3? 2) Is Statutory Auditors Certificate is necessary in both cases?

BY: NIRAJ PM

Total Answers : 1 | View Answers | Post Answers

39242
Jun, 24
2019
GST - ( REVERSAL OF ITC IN COMPARSISON WITH GSTRA . )

My client, a manufacturing plant has reversed the ITC with respect to invoices not appearing in GSTR2A , for 2017-18, in September 2018 and reclaimed some of it back in March 2019,when the supplier uploaded the invoices . How is this reversal and reclaim be reflected in the tables 12,13 and 8C of GSTR9?

BY: Rama Subash

Total Answers : 1 | View Answers | Post Answers

39230
Jun, 22
2019
Service Tax - ( SERVICE TAX ON BOREWELL SERVICE TO AGRICULTURALIST )

Borewell service provide to only Agriculturalist, whether it is taxable or not?? or provider can claim exemption under Renting of Agro Machinery?

BY: Ninad Prataprao Shete

Total Answers : 1 | View Answers | Post Answers

39231
Jun, 22
2019
DIRECT TAXES - ( DEDUCTION U/S 80D (MEDICLAIM) )

ESIC DEDUCTED ON SALARY, CAN EMPLOYEE CLAIM AMOUNT OF ESIC DEDUCTED FROM HIS SALARY U/S 80D, AS THE AMOUNT IS DEDUCTED FOR THE MEDICAL FACILITIES OF EMPLOYEE

BY: pradeep kumar agrawal

Total Answers : 2 | View Answers | Post Answers

39232
Jun, 22
2019
DIRECT TAXES - ( PENALTY NOTICE U/S 274 R.W.S. 271 (1) (C) )

Whenever ITO want to initiate penalty proceedings u/s 271 (1 ) (c) he first mention this fact in assessment order that penalty proceedings are intiated separately and after then only he issues a separate notice under section 274 r.w.s. 271 (1) (c) . But in my case ITO issued notice u/s 271 (1) (c) without mentioning this fact in assessment order that he is going to do so. Whether this act of ITO is legal ?

BY: CA. Jimmy Modi

Total Answers : 1 | View Answers | Post Answers

39233
Jun, 22
2019
GST - ( REAGARDING GSTR 9C JSON GENERATION & SIGNING )

After validating the offline utility excel sheet of GSTR 9C, whenever I am trying to generate JSON file, it is showing a pop up that an error has occurred during signing and JSON could not be created. Comments/ Suggetions required regarding above

BY: ANISH SAHA

Total Answers : 2 | View Answers | Post Answers

39234
Jun, 22
2019
GST - ( RCM ON TRANSPORT )

During 2017-18 , the Registered person ( Recipient ) has not paid GST on RCM basis on Transport ? . So now if he pays in GSTR 9 then any ITC available or it is ITC is lapsed ? 

BY: samirkumar gokulbhai kasvala

Total Answers : 2 | View Answers | Post Answers

39235
Jun, 22
2019
GST - ( RCM ON TRANSPORT )

During 2017-18 , the Registered person ( Recipient ) has not paid GST on RCM basis on Transport ? . So now if he pays in GSTR 9 then any ITC available or it is ITC is lapsed ? 

BY: samirkumar gokulbhai kasvala

Total Answers : 1 | View Answers | Post Answers

39227
Jun, 21
2019
GST - ( ANOMALY IN GSTR 2A )

What will happen if figures shown in Credit & Liability statement under "ITC as per gstr 2A" and in form 9 under table 8A does not match ?? Please share your views.

BY: SUDIP KUMAR MUKHOPADHYAY

Total Answers : 6 | View Answers | Post Answers

39228
Jun, 21
2019
GST - ( GST )

Dear Sir, Our client car has meet with an accident and for its make up Rs 300000/- were incurred and later on We have received the amount from insurance company do we have to pay tax on Insurance Claim Received.

BY: VIPIN GUPTA

Total Answers : 4 | View Answers | Post Answers

39229
Jun, 21
2019
GST - ( GST OF DTA COLLECTED AND REMITTED UNDER SEZ GSTIN )

A SEZ developer having place of business in both SEZ and DTA. They only had GSTIN for SEZ during the month of July 2017, August 2017 and September 2017. Hence, they collected and remitted GST as IGST under SEZ GSTIN in the during July to September 2017. (Instead of CGST/SGST under DTA GSTIN) It was as inadvertent mistake. No rectification had been done for the same till date. How to solve this issue? Will the assessee be required to pay GST again under DTA GSTIN? If so required , will the assessee be able to use the IGST mistakenly paid (under SEZ GSTIN) for discharging IGST liability (under SEZ GSTIN) ? How to disclose this in GSTR 9 and GSTR 9C ?

BY: Ranjani Umesh

Total Answers : 2 | View Answers | Post Answers

39218
Jun, 20
2019
DIRECT TAXES - ( 103762 )

For AY 2018-19 a charitable trust has filed belated ROI. The return was processed and total expenditure which was claimed as application of income was disallowed applying section 12A(1)(ba) which is applicable from AY 2018.19

BY: DARSHAK MAGANLAL THAKKAR

Total Answers : 3 | View Answers | Post Answers

39219
Jun, 20
2019
GST - ( INPUT CREDIT )

IN GSTR 3B input credit on Inter State purchase wrongly reported under the head "Import of Goods" instead of "All Other input credit" in the IGST column. How it will be rectified in the subsequent month?

BY: ramakrishnasridhar

Total Answers : 2 | View Answers | Post Answers

39220
Jun, 20
2019
Companies Act, 2013 - ( NEW DIR KYC FORM )

As per the notification, DIR KYC 3 form is required to be filed every year. But till date no such form was made available for current year filing and the last date is 30th June 2019. How to proceed.

BY: SURAJ KUMAR CHOUDHURY

Total Answers : 1 | View Answers | Post Answers

39221
Jun, 20
2019
GST - ( INPUT CREDIT VS CREDIT IN GSTR 2A )

GSTR 2A CREDIT AVAILABLE IN 2A is not matching with the credit in form GSTR 9. How to resolve the issue?

BY: SURAJ KUMAR CHOUDHURY

Total Answers : 3 | View Answers | Post Answers

39222
Jun, 20
2019
CORPORATE & OTHER LAWS - ( DPT-3 FORM )

Whether pvt ltd company having unsecured loans from directors and having outstanding as on 31-03-2018 is also required to file the same? Or the same would come under any of the exclusions.

BY: SURAJ KUMAR CHOUDHURY

Total Answers : 2 | View Answers | Post Answers

39223
Jun, 20
2019
Companies Act, 2013 - ( ANNUAL FILING OF RETURNS OF PVT LTD COMPANY )

Whether there is any change in the formats of Annual returns and financial statement of a private limited company over last year, if any? If it is so, what is latest format of these statements, any link?

BY: SURAJ KUMAR CHOUDHURY

Total Answers : 1 | View Answers | Post Answers

39224
Jun, 20
2019
MISC. - ( CONVERSION OF TRUST TO SECTION 8 CO. )

Whether it will be possible to convert a trust into a section 8 Co.

BY: Shobhit Bansal

Total Answers : 2 | View Answers | Post Answers

39225
Jun, 20
2019
GST - ( SALES RETURN IN GSTR 3B )

One of my client while filing GSTR 3B in the year 2018-19 showed tax on sales return in ITC part instead of deducting it from taxable value and from GST of respective month of GSTR 3B. Kindly advise how to correct the error he made.

BY: NIRAJ PM

Total Answers : 3 | View Answers | Post Answers

39226
Jun, 20
2019
Companies Act, 2013 - ( DPT 3 FORM )

FLAT BOOKING AMOUNT (TO BE SHOWN AS ADVANCE RECEIVED FOR MORE THAN 365 DAYS) A PVT LTD COMPANY HAS RECEIVED FLAT BOOKING ADVANCE FROM DIFFERENT PERSONS AMOUNTING TO RS 50 L. THE ADVANCE ARE ACCUMULATING SINCE 2 AND HALF YEAR AS ON 31.03.2019. MY QUERY IS WHETHER IT IS TO BE SHOWN IN DPT 3 IN ADVANCE RECD FOR MORE THAN 365 DAYS

BY: pradeep kumar agrawal

Total Answers : 1 | View Answers | Post Answers

39215
Jun, 19
2019
GST - ( REFUND UNDER GST )

Sir, The registered person is into export of software and has missed claiming ITC in books for the year 17-18. He claims the same in the return for the month of sept 18. while filing refund application for the year 17-18, the refund claim gets restricted to the input disclosed in Form 3B. Can the refund of input relating to FY 17-18, claimed in sept 18, be applied for in the next FY? will this be disallowed as the bills against which the ITC refund is claimed relates to previous year?

BY: Anjana C.P

Total Answers : 2 | View Answers | Post Answers

39216
Jun, 19
2019
GST - ( GST PRACTITIONER REGISTRATION )

01.Whether registration as a GST Practitioner is necessary for filing/signing of GSTR 9C ? 02.Whether GSTR 9C requires DSC of CA for signing/uploading form ?

BY: ramakrishnasridhar

Total Answers : 3 | View Answers | Post Answers

39217
Jun, 19
2019
Income From Salary - ( TAXABILITY OF SALARY WHEN RENDERED OUTSIDE INDIA )

If a resident renders services outside India as an employee, whether it will be taxable in India or not..??

BY: CA Neha Gupta

Total Answers : 1 | View Answers | Post Answers

38215
Jun, 18
2019
DIRECT TAXES - ( PRESUMPTIVE TAXATION FOR A FIRM )

If a partnership firm (not a LLP) is filing its ITR for the first time. Its total income as per BOA is Rs 10L and the profit, if opt for presumptive taxation comes out to be Rs 2L... Whether the firm should go for presumptive taxation or not...???

BY: CA Neha Gupta

Total Answers : 6 | View Answers | Post Answers

38212
Jun, 17
2019
GST - ( GST )

Sir, we are selling a car which is a business assets the assessee has purchased the same in pre GST regeim and not claimed any ITC on it. On which value we have to pay tax on transaction value or the margin i.e Sales Price - WDV

BY: VIPIN GUPTA

Total Answers : 6 | View Answers | Post Answers

38213
Jun, 17
2019
DIRECT TAXES - ( SEC 80-D )

Whether deduction on preventive health checkup of Rs. 5000/- may be claimed in generally or assessee has to maintain any proof regarding the same

BY: VISHAL GOLCHHA

Total Answers : 3 | View Answers | Post Answers

38214
Jun, 17
2019
GST - ( GSTR-9 & 9A )

Assessee was in composition scheme from 01.07.17 to 15.10.17 and converted to Regular Scheme thereafter. GSTR-3B for 15.10.17 to 31.10.17 filed by wrongly taking credit of purchase bills during the period 01.10.17 to 31.10.17 instead of 16.10.17 to 31.10.17. Wrong ITC claim detected now and not yet rectified in returns. How to reflect the same in annual return?

BY: Anuj Kumar Khaitan

Total Answers : 4 | View Answers | Post Answers

38210
Jun, 16
2019
GST - ( GSTR 9C )

After uploading GSTR 9C file Portal shows error but no error report is generated What to do

BY: Mahesh Kumar

Total Answers : 1 | View Answers | Post Answers

38211
Jun, 16
2019
GST - ( GSTR9A )

Whether it is mandatory to enter purchases incase of gstr 9a composition scheme

BY: Shobhit Bansal

Total Answers : 2 | View Answers | Post Answers

38209
Jun, 15
2019
Capital Gains - ( PROCEEDS FROM SALE OF LAND )

Proceeds from sale of land (by father) has been invested in purchase of a property but the property has been purchased in joint name and first name is of daughter and second name is of father. Whether the tax benefit of investment in property has been available to father or not in this case.

BY: Shobhit Bansal

Total Answers : 2 | View Answers | Post Answers

38203
Jun, 14
2019
GST - ( GST PAID ON PAINTS FOR MAINTAINANCE OF BUILDING (SHOP/FACTORY )

Whether amount spent on paints can be claimed as input Credit

BY: Mahesh Kumar

Total Answers : 3 | View Answers | Post Answers

38204
Jun, 14
2019
GST - ( EXCHANGE RATE FOR EXPORT/ IMPORT OF SERVICES )

WHAT EXCHANGE RATE SHOULD BE TAKEN FOR EXPORT/IMPORT OF SERVICES IN GST?

BY: SUMIT BANSAL

Total Answers : 5 | View Answers | Post Answers

38205
Jun, 14
2019
DIRECT TAXES - ( 80TTA DEDUCTION )

If there is saving interest which has been set-off against business losses, whether deduction u/s 80TTA is available or not?

BY: CA Neha Gupta

Total Answers : 4 | View Answers | Post Answers

38206
Jun, 14
2019
GST - ( 525746 )

Would like to discuss a case study on Place of Supply provision and Taxation on Telecommunication Services provided to overseas customer. Let suppose ABC Pvt Ltd (India) registered under GST, providing services on Voice over Internet service to customer located in US of Rs 100,000/- talk time having minutes whose call will be made by a authorised person of US M/s Rattan solution Pvt. Ltd. in India to US customer/target audience & US number will be display to US audience. Also, Call will be made from US switch which is belonging to third party. ABC Pvt Ltd has procured from India supplier at Rs 80,000/- without GST. Looking : 1. What shall be place of supply where bill is done to US Company and their taxation on which value and consideration will be in INR. 2. What will be case where billing to authorised person of US located in India (Rattan Solution Pvt Ltd.) and payment will be made in INR. 3. If taxable then, value can be take Net basis (Rs 100,000/- minus Rs 80,000/-) Rs 20,000/- as No Input tax credit paid on purchase as not registered.

BY: Pankaj Kumar Sharma

Total Answers : 1 | View Answers | Post Answers

38207
Jun, 14
2019
DIRECT TAXES - ( PRESUMPTIVE TAXATION IN CASE OF DIRECTORSHIP IN A COMPANY )

If a person is a notified professional u/s 44AA(1) and also a director in a company, Whether that person can file ITR under presumptive taxation in ITR-3..?? Thanx.

BY: CA Neha Gupta

Total Answers : 2 | View Answers | Post Answers

38208
Jun, 14
2019
GST - ( PLACE OF SUPPLY IN CASE OF HOTEL )

If a Delhi based Hotel charges Conference Fees from its B2B client based in some other state, whether Place of Supply shall be Delhi or that state in which it's client is is based..?

BY: CA Neha Gupta

Total Answers : 2 | View Answers | Post Answers

38202
Jun, 13
2019
Profits & Gains of Business & Profession - ( INCOME U/S 44AD & ADA (COMBINED) )

X an individual is having Turnover u/s 44AD Rs 75.00 L + Turnover u/s 44ADA 25 L = Total Tunover 100 L. My query is whether 44ADA limit of Rs 50.00 L will be considered independently, or will have to be taken Gross Turnover , in our case it comes 100 L. So can we file income under provision of 44AD and 44ADA both, by declaring 8% and 50% of gross receipts in respective section.

BY: pradeep kumar agrawal

Total Answers : 3 | View Answers | Post Answers

38201
Jun, 12
2019
GST - ( HOW TO PAY DEMAND ON FILING OF GSTR 9 )

We found some additional tax liability in filing of GSTR9. My query is how to pay the additional tax liability in this case

BY: pradeep kumar agrawal

Total Answers : 4 | View Answers | Post Answers

38198
Jun, 11
2019
Companies Act, 2013 - ( DPT-3 )

Taking loan from NBFC is considered as deposit or not? if not, then it is required to show in one time return Form DPT-3.

BY: CA Neha Gupta

Total Answers : 4 | View Answers | Post Answers

38199
Jun, 11
2019
GST - ( DSC AFFIXNG ON GSTR 9 C )

While saving Json file of GSTR 9C (Reconcillation statement) Emsigner does not open and I am not able to affix DSC Has any body faced such problem

BY: Mahesh Kumar

Total Answers : 3 | View Answers | Post Answers

38200
Jun, 11
2019
Profits & Gains of Business & Profession - ( MEANING OF TURNOVER IN 44AD )

DOES TURNOVER INCLUDES GST ALSO IN 44AD. FOR EXAMPLE, X A CONTRACTOR HAVING TURNOVER OF RS 50.00 L AND GST 18% 9.00 L = TOTAL 59.00 L, WHAT SHOULD BE CONSIDERED FOR TURNOVER 50 OR 59 FOR CLAIMING PROFIT U/S 44AD

BY: pradeep kumar agrawal

Total Answers : 3 | View Answers | Post Answers

38192
Jun, 08
2019
GST - ( GST ON RENTING OF COMMERCIAL PREMISES )

X an individual is carrying on business (GST registered business). The premises from which the business is carried on is purchased jointly by X and his 3 brothers. Thereby total number of landlord in the premises is 4, out of them only one X is a GST registered person. Others co owner has no GST registration, nor their business receipts is more than 20 L during any FY. The premises has been given to X on rent for business purpose @ 50 K per month. Now my query is how GST will be chargeable on renting of premises. Because X one of the co owner is both Landlord, and tenant, having same GST registration. While other co owner has no gst registration nor their business receipts is in excess of 20 L

BY: pradeep kumar agrawal

Total Answers : 6 | View Answers | Post Answers

38193
Jun, 08
2019
GST - ( GSTR 9C )

While preparing GSTR 9C, Whether Digital signatures of GST Auditor will have to be affixed

BY: Mahesh Kumar

Total Answers : 5 | View Answers | Post Answers

38194
Jun, 08
2019
GST - ( GSTR 9C )

While preparing GSTR 9C, Whether Digital signatures of GST Auditor will have to be affixed

BY: Mahesh Kumar

Total Answers : 3 | View Answers | Post Answers

38195
Jun, 08
2019
GST - ( GST )

Dear Sir, We have purchased material in March 2018 the party has shown it in March 2A 2018 and we have received the material in April 2018 and claimed in April. The GSTR 9 2A credit in Table 8 is showing this extra amount. Where to show it in GSTR 9. Can we show it in Point 8 (C). and What is the difference in Point 8 (C) and Point 13

BY: VIPIN GUPTA

Total Answers : 3 | View Answers | Post Answers

38196
Jun, 08
2019
Companies Act, 2013 - ( DPT-3 )

Dear Sir/Madam under the companies act 1956 unsecured loan from shareholders was allowed but in Companies Act 2013 it is not allowed my question is our company has taken unsecured loan from shareholder before 31st march 2014 and it is continued till 31st march 2019 so this amount where to show in DPT-3 form because there is no specific row in DPT-3 Thanks & Regards Pawan Gupta

BY: PAWAN GUPTA

Total Answers : 1 | View Answers | Post Answers

38197
Jun, 08
2019
GST - ( RANGARAJANR )

A company on advice of NRI situated outside india , arranges for rendering nursing service to parents of NRI in India. Consideration received from NRI in foreign currency. Whether this will be treated as Export of service under GST .

BY: rangarajan r

Total Answers : 2 | View Answers | Post Answers

38188
Jun, 07
2019
GST - ( GST REFUND )

One of my client has state jurisdiction in GST. Refund order also been passed.They have processed SGST portion of the refund. Whether Central department can again call for details for scrutinizing the refund application for processing the CGST portion? Whether they have powers to do so?

BY: SANTHANU R

Total Answers : 6 | View Answers | Post Answers

38189
Jun, 07
2019
GST - ( 158621 )

IS RCM APPLICABLE ON DIRECTOR REMUNERATION GIVEN BY COMPANY TO COMPANY TO DIRECTOR. AS DIRECTOR REMUNERATION IS REGULAR PAYMENT GIVEN BY COMPANY TO DIRECTOR AS LIKE SALARY GIVEN TO EMPLOYEE.

BY: AJITKUMAR L PATEL

Total Answers : 5 | View Answers | Post Answers

38190
Jun, 07
2019
GST - ( REVERSE CHARGE UNDER GST )

Dear sir, One of our Client is a Manpower Supply Agency for this they have to annually deposit some fees to Labour Department (State Government office) for renewal of Licence. Do we have to pay RCM on this Licence Renewal Fees

BY: VIPIN GUPTA

Total Answers : 3 | View Answers | Post Answers

38191
Jun, 07
2019
AUDIT - ( STATUTORY BANK AUDIT ALLOTMENT )

Hi, I am a Chartered Accountant in practice since 4 years. Currently I am fulltime partner in firm. And now I want to resign from partnership firm and start my individual proprietorship. My question is for allotment of bank audit, can I have to wait again for 3 years or experience date will be counted from my COP Date? Will I be eligible for bank audit as on 01/01/2020?

BY: PAVAN RAMACHANDRA PUJARI

Total Answers : 4 | View Answers | Post Answers

38184
Jun, 05
2019
DIRECT TAXES - ( DEDUCTION U/S.80G )

Dear Friends Please clarify on the following Point:- An assessee during the Financial Year 2018-19 had made Donations to various Charitble Institutions including Chief Minister’s Distress Relief Fund Kerala which entitles 100% Tax Exempt U/s.80G(2) of the Income Tax Act. Inorder to claim exemption U/s.80G whether the monetary ceiling limit of 10% of the total income is applicable for entire Donations made or the Donation entitled to 100% has to be claimed separately and balance under 50% c

BY: RAMAN

Total Answers : 4 | View Answers | Post Answers

38185
Jun, 05
2019
DIRECT TAXES - ( PENALTY U/S 271FA )

An assesee is a Full Fledge money Changer and sale a foreign currency during FY 2017-18 to more than Rs. 10 lacs to company /Tour packages agency and that agency send their employees with group of persons for payment in foreign country. FFMC has failed to submit SFT return and now The assessee has received show cause of Penalty u/s. 271FA what is remedy available to him . and if no remedy how much penalty has to be paid

BY: SANDEEP KAPOOR

Total Answers : 4 | View Answers | Post Answers

38186
Jun, 05
2019
GST - ( GST --ANNUAL RETURN FORM 9 )

1. Our client has paid CGST and SGST instead of IGST . So how to proceed in GSTR 9 . ? 2.Also option of DRC -03 is not available in Annual Return . so how to make payment for additional liabilities ? After activating button of '' Compute Liabilities '' also option of payment through DRC -03 is not available . So how to make payment ? Thank you

BY: samirkumar gokulbhai kasvala

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38187
Jun, 05
2019
GST - ( GSTR 9A )

Dear Sir, Do we have to disclose Rent Received from Letting out of Residential property , FDR Interest and Saving Bank interest in GSTR 9 in Exempt Income 0% colomn i.e point 6 (B) or not. Will we have to pay tax on it as during the F/y 1% tax was on turnover in state,

BY: VIPIN GUPTA

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38181
Jun, 04
2019
GST - ( GST ON REAL ESTATE )

-X- A LANDLORD ENTERED INTO CONVERSION AGREEMENT WITH –Y- DEVELOPER, - X SHARE IS 55%, WHILE DEVELOPER IS 45% ON TOTAL BUILT UP AREA. THE AGREEMENT CONTAINS A CLAUSE ON GST , THAT GST WILL BE CHARGEABLE TO X AS PER RULES APPLICABLE. NOW MY QUERY IS ON WHAT BASIS THE GST IS CHARGEABLE TO X AND AT WHICH TIME.

BY: pradeep kumar agrawal

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38182
Jun, 04
2019
GST - ( NON REFLECTION OF F.Y 2018-19 & 2019-20 )

At the time of Submitting GSTR 3B for the month of May ,2019 (F.Y - 2019-20). Only F.Y 2017-18 is Being Reflected.How to Access to F.Y 2018-19 & 2019-20. With Regards C.A Goutam Kar

BY: CA Goutam Kar

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38183
Jun, 04
2019
MISC. - ( CA CERTIFICATE - POLLUTION CONTROL BOARD (RAJASTHAN) )

Dear Experts , One of my client wants NOC from state pollution control board (Rajasthan). He wants CA certificate for the capital investment in the project. Can anyone provide format of certificate of capital investment and guide me for the same.

BY: CA DHANRAJ PAREEK

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38177
Jun, 03
2019
GST - ( ITC OF MOTOR CYCLE PURCHASED )

Dear sir, We have purchased motor cycle for purpose of business will itc on it will be allowed to us. Since as per Motor vehicle act motor vehicle means, vehicle have less than four tyres and cubic centimeters less than 25. Since Motor Cycle is of 110 CC but having less than 4 tyres will itc be allowed

BY: VIPIN GUPTA

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38178
Jun, 03
2019
GST - ( GST ON REVERSE CHARGE )

Dear Sir, We are running a hotel in which there is a bar for that we have to deposit Licence fess with the district excise department every year which is a state govt office to run BAR in our hotel. Sir, my query is will be have to pay GST on reverse charge on it. My view is that since the main product i.e is Liquour is out of GST net, will licence fees to run bar liable to GST under reverse charge

BY: VIPIN GUPTA

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38179
Jun, 03
2019
GST - ( 224580 )

1) This is regarding part 5 (Sr no. 10 & 11) of the annual return format 9. From last day’s discussions, we see guidance on what to show in in part 5, whether we shall mention only those amendments/debit notes/credit notes which are issued in 2017-18 for transactions related to 2017-18 but the same was not reported in GSTR-3B of FY 2017-18 and later on we have reported them in the GSTR-3B of Apr-18 to Sep-18. Like, for example, we have raised an Invoice in Feb-18 but we have not reported the same in GSTR-3B of Mar-18 but later on we have reported the same in the GSTR-3B of April-18. So we need to report these type of transactions in sr no. 10 & 11. Credit notes/Debit notes/Amendments issued (Dated) in 2018-19 (apr-18 to Sep-18 for credit notes) for transactions/invoices related to 2017-18 are not to be shown in table no.10 & 11 as these transactions are related to 2018-19 only. 2) But if we see the cell 5E of 9C, the same requires information of those credit notes which are issued after 31st march for any supply accounted in the current financial year but such credit notes were reflected in the annual return (GSTR-9). There are two riders-one credit note must have issued after 31st mar 2018 and the same is reflected in annual return. So if we go by the above understanding regarding part 5 of format 9 than from where we’ll capture the data for 5E for format 9C from annual return. 3) Also, if we consider credit notes issued after 31st mar for any supply accounted in the FY-2017-18 as credit notes pertaining to FY-2018-19 then where these have to be shown in annual return of 2018-19 because cell 4I requires the figure of Credit Notes issued in respect of transactions specified in (B) to (E) but B&E only pertain to supplies effected in 2018-19 so if we do not report credit notes issues in 2018-19 for invoices raised in 2017-18 in the part 5 of the annual return of 2017-18 then where we’ll report the same in the annual return of 2018-19?

BY: SRIHARI BALAJEE

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38180
Jun, 03
2019
MISC. - ( FORM 15 CA /CB REQUIREMENTS )

one NRI individual sold property in India paid capital gain on it and file income tax return.TDS has been deducted on sale & he received refund of TDS. Now he want to take this refund amount to foreign. whether he is required to file form 15 Ca & Cb or declaration under form A-2 will sufficient ?

BY: Ajay Pandey

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38176
Jun, 02
2019
GST - ( GSTR-9, TABLE-3 )

In gstr-3b, we have claimed double itc on same bill due to which, my itc availed for 2017-18 is high in comparison to actual itc, but I had rectified it, in the m/o April 2019 by showing less itc in April 2018 3b. now my question is how it will reported in GSTR-9, since in table 3 point no. 6A ITC is showing as per 3b for 2017-18 which is actually wrong due to mistake, so now bifurcation in 6b should be as par 6A or actual and if it is will be as per actual, then what about difference. Please clarify.

BY: ashish agarwal

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38175
Jun, 01
2019
AUDIT - ( AUDIT IN CASE OF FINANCIAL STATEMENT NOT PROVIDED BY COMPANY )

Auditor is responsible to provide disclaimer opinion audit report to the company in the case of Financial statement not prepared by the company and the company discontinued the operation. Is there any liability to the auditor in this case due to non performing the audit and non submission the audit report to the company.

BY: AJAY BIWAL

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38174
May, 31
2019
GST - ( ITC ON MOTOR CAB )

My Doubt is in case of motorcab or maxicab where rate of GST is either 12% with ITC or 5% without ITC under forward charge as per notification 20/2017 central tax (rate). Here my doubt is - 1. If I followed 5% rate for 2018-19 and want to follow 12% rate then what about ITC on capital goods which was acquired in 2018-19. Is It available fully ? Or it will be reduced by months or percentages ? as this reduction is given for cases where we shift from composition to regular or from exempt supply to taxable. I have not found specific provisions for above mentioned case. 2. Can we opt for the option only on yearly basis.

BY: AKSHIT DHINGRA

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38170
May, 30
2019
GST - ( INTEREST U/S 50 OF CGST ACT )

Dear Sir, One of our clients submit gstr 3B & 1 also by filling late fee.He files his returns late due to non receipt of purchase bills ,ledgers etc. Some Superintendent of Central Tax sent a mail that interest @ 18% will be charged due to non payment of tax in time. It is to be noted that client is having liability of CGST & SGST and used to set off against IGST liability due to enough balance in his IGST ITC a/c. Query : Is the contention of that officer correct ?? Pl guide us. Thanks in advance & with warm regards, CA Sudip Kumar Mukhopadhyay

BY: SUDIP KUMAR MUKHOPADHYAY

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38171
May, 30
2019
GST - ( 079710 )

if a GTA charged GST on forward basis and he fails to deposit GST and file return in continuation of more than 6 month and Now he has deposited the entire tax and file return . What is the consequences of such delay . He has not received any notice from department till date .

BY: SANDEEP KAPOOR

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38172
May, 30
2019
DIRECT TAXES - ( FORM 16 )

One person has salary income. Is it compulsory to obtain Form 16 from employer? 1. even f he do not have taxable income and no TDS made by the employer during the year.

BY: SK

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38173
May, 30
2019
GST - ( GST - E-WAYBILL )

Importer has GST Registration in the state of Chattisgarh. Importer also has GST registration in Maharashtra State (Mumbai). Importer Imported goods in the Name and address of Chattisgarh. Importer filed BOE with Chattisgarh state GSTIN & address. Now Importer wants to directly move the goods from Port to Mumbai Branch. 1. Can he do so? 2. Will he be to get GST credit on Import of goods that too by directly supplying it to Mumbai branch? 3. How will the e-Waybill be generated?

BY: SK

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38167
May, 29
2019
GST - ( INPUT TAX CREDIT )

Whether input tax credit on capital goods will be allowed for a company who is in restaurant business and registered under normal scheme.

BY: Shobhit Bansal

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38168
May, 29
2019
GST - ( MERCHANT EXPORTER )

my one client,(A) is merchant exporter want to avail the benefit of concessional rate of .1 percent in purchase. But he has all purchase From his another company (X) . Another company has major sales to A . How the company X claims its unused ITC . Because his purchase GST rate 18% but sale gst rate .1% . What is the procedure company X to follow.???

BY: DIVYA SHARMA

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38169
May, 29
2019
GST - ( MERCHANT EXPORTER )

my one client,(A) want to avail the benefit of concessional rate of .1 percent in purchase. But he has all purchase From his another company (X) . Another company has major sales to A . How the company X claims its ITC or used his ITC . Because his purchase GST 18% but sale gst .01% . Which refund form applicable for company X?

BY: DIVYA SHARMA

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38165
May, 27
2019
DIRECT TAXES - ( GSTR 9 )

For an asessee whose turnover is less than 1.50 crores, HSN code is not necessary for sale details. Whether he should provide details of HSN code wise and ratewise details of purchases in annual return GSTR 9

BY: Mahesh Kumar

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38166
May, 27
2019
Capital Gains - ( TAXABILITY OF CORPUS FUND AND OTHER AMENITIES RECEIVED )

Query : 1. Mr. A is holding Rights in the property, which is old structure of apartment, the said Premises require development and hence Mr. A along with other tenant had made deal with Builder M/s XYZ for Development of the same. In the Aforesaid deal following terms were agreed between parties _ a. In place of old structure, Mr. A and other member will get New Flat along with several amenities b. All members will also entitle to Corpus Fund to the Extent of Rs. 25,00,000/- each. c. All members will also entitle to Monthly Rent to the Extent of Rs. 40,000/- P.M. for the First 3 year and if there is delay in completing the project then the Rental as per market rate at that point of time till the allotment of new flat. d. All members will also entitle to Rs 40,000/- as brokerage for purchasing property on rent. e. All members will also entitle to Rs 40,000/- as Moving Charges for shifting from property to rented property. Now the Following Tax queries about the receipt of funds are as under_ ? Whether amount receipt as Corpus Fund to Tenant Mr. A is Liable for Tax? ? Tax Treatment of Rent and other allowance received by the tenant? Query : 2. In the aforesaid Situation , Mr. A want to sell the said property to Mr. B and do exit from the property held by him in that situation following terms between the parties_ a. Mr. A Agrees to sell the said property to Mr. B at reckoner value i.e. 1,50,00,000/- of which Buying Cost is 50 Lacs. b. However while making the said transaction Mr. B puts an condition that all rights to receive from builder will also get transfer to him and duly agreed by Mr. A which lead to reduction in cost by 25,00,000/- and hence net payable by Mr. B to Mr. A is only 1.25 Cr. c. Further the entire rental and above other amenities shall be transferred to Mr. B. Now the Following Tax queries about the receipt of funds are as under_ ? Taxability in the hand of Mr. A on transfer of aforesaid transaction? ? Wha

BY: R C Jain

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38164
May, 25
2019
GST - ( 430758 )

Facts: - 1. Developer company entered into Development agreement on 01.01.2019 with Landowner who is engaged in some manufacturing business. 2. Development agreement was revenue + area sharing 3. Developer has paid 3 installments of certain amount to landowner till 31.03.19 as per their development agreement. Questions: - 1. Is GST payable on this development rights by developer or landowner? 2. If yes than on which value, total contract value or only on area to be given to landowner? 3. GST impact on this development agreement if it was entered on or after 01.04.19

BY: SUBHASH CHAND

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38161
May, 24
2019
GST - ( GST ON SERVICE PROVIDED BY ONLINE HEALTH PLATFORM OR E HEALTH SERVICES PROVIDED BY INTERMEDIAR )

A Intermediary registered in the form of company providing a online platform by the way of providing the application and communication device that enables a potential patient to connect with the suitable doctor or in other words we can say that provides a online health platform through which patient get connected with the doctor . The company ( Intermediary) is raising the invoice on behalf of the doctor to the patient and it did not charge any GST on bill with the clear instruction on bill that “ this bills is issued by the health care service provider not the by the intermediary , and since the GST on health care service provider is exempt under GST therefore no GST is collected and remitted by the intermediary company as the said service is exempt under GST .” That means here intermediary company only providing the online plat form through mobile application and remit the entire amount received from the patient to the doctor and then receive some consideration from the doctor for providing such services . Now the issue is whether the said service provided by intermediary company to the doctor is health care service or not i.e is its is not a health care service then the service provided by intermediary company will be classified under which head and what the gst implication on the said transaction . Please give clarification about the same

BY: DEEPTI DHAKAD

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38162
May, 24
2019
DIRECT TAXES - ( VALIDITY OF NOTICE ISSUED U/S 263 OF IT ACT. )

Dear Friends, please clarify on the following:- An assessee filed his return of income claiming exemption U/s 54F of IT Act on sale of his vacant land by investing in a residential property. The assessment was processed U/s 143(1) of the IT Act. Subsequently he was issued notice U/s 147 based on AIR information. The assessment was completed U/s 143(3) accepting the Return filed and also the exemption U/s 54F. Now, based on Audit Objection PCIT has issued notice U/s 263, setting aside the Assessment and directed the AO for re-assessment to deny exemption U/s 54F stating that the assessee has owned more than on residential house The AO has started the reassessment proceedings Please advise whether the reassessment proceeding is valid in view of reopening notice issued U/s 147 and assessment completed accepting the return. Whether any case laws are available in this regard. Whether we can object the assessment itself or appeal before CIT (A).

BY: RAMAN

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38163
May, 24
2019
DIRECT TAXES - ( GIFT FROM RELATIVES )

Can a person receive gift from his aunt (Chachi or Tayi) without attracting Gift tax

BY: Mahesh Kumar

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38160
May, 23
2019
GST - ( NON EFFECT OF AMENDMENT IN GSTR1 )

Assessee had opted for quarterly filing of GSTR1 in fy 2018-19. Erroneous excess B2C sales of Dec'18 was effected in Mar2019 GSTR1 by modifying the figures of Dec.18, but the effect of the same was not reflected in return. Owing to the same SMS for demand in differential liability was raised. How to resolve the issue?

BY: SURAJ KUMAR CHOUDHURY

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38159
May, 22
2019
GST - ( AMMENDMENT OF DIFFERENCE )

How to amend the difference of Rs.393000 arising from submission of GSTR3B & GSTR1 for the FY:2018-2019

BY: CA Goutam Kar

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38157
May, 21
2019
DIRECT TAXES - ( HOW DOES CLUBBING ENDS? )

If a husband has given a gift of Rs. 10 Lakhs to his wife for business, income from such business will be clubbed in the husband's hands. Now if he wants to end this clubbing, how can the same be done?

BY: Badlani

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38158
May, 21
2019
TDS/TCS - ( TDS RETURN FOR Q4 --- ACKNOWLEDGEMENT OF PREVIOUS RETURN I.E. Q3 NOT AVAILABLE )

For Filing TDS return for Q4 , Token number of previous return i.e. Q3 is required and it is not available with the clients . So how to file Q4 return ?  Thank you

BY: samirkumar gokulbhai kasvala

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38152
May, 20
2019
OTHER BODIES - ( ETHICS - ICAI )

CAN A COP HOLDER CHARTERED ACCOUNTANT CAN DO INTRADAY (SHARE TRADING) TRANSACTIONS?

BY: JENIL PRANAYKUMAR SHAH

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38153
May, 20
2019
GST - ( WHETHER IT IS JOB WORK ? )

if job worker is doing job work by carrying out his machinery and though his workers but in the premises of Principal it self , then whether this amounts to job work ?? , and if yes then how ITC - 04 can be filed ? because we do not have delivery challan - transportation - truck number , as goods are not moved from principal's factory.(Need less to mention that definition of job work u/s 2(68) dose not contain clarification that whether movement of goods are required or not )

BY: parth

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38154
May, 20
2019
DIRECT TAXES - ( TDS CHALLAN ADJUSTMENT )

We have deposited TDS mentioning Ass Year 2019-20 Can We use this challan for ass Year 2020-21 also

BY: Mahesh Kumar

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38155
May, 20
2019
GST - ( INPUT CREDIT )

While filing July 17 GSTR 3B An Asessee had put Purchase figure around 6 Lac in IGST Input . On finding his mistale he inflated Output Liability for aug 17 by same figure. now Input Credit is being shown in GSTR 9 figures at inflated figure of 6 Lac. How to rectify the mistake as this figure is not editable

BY: Mahesh Kumar

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38156
May, 20
2019
TDS/TCS - ( 108293 )

A medical practioner's society is arranging conference in a five star hotel. It is collecting Rs.10000 per participants for conference. Further it is arranging accommodation facility for participants at various hotels in a city and collecting amount as per standard of hotel. My query is whether TDS is applicable for payment to five star hotel for conference and payment to various hotels for accommodation. If yes at what rate

BY: ATUL MUKUNDLAL TOSHNIWAL

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