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Non GST supplies

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karan (student) (47 Points)
Replied 18 August 2017

sir my query is i already have 4Cr of carry forward of credit and my liability for the month of july is 2Cr so can i set off the amount towards my liability since i need to pay taxes by 20th and trans-1 form will be available from 21st so can i claim the set off of transitional ITC for payment of taxes as on 20th August


RAMESH D MODI (Proprietor) (4864 Points)
Replied 18 August 2017

yes but file tran and 3b on or before 28th.

Aman Chawla (133 Points)
Replied 18 August 2017

and in case if I miss out on certain expenses in return as compared to what I claim in my I.T file. will there be any repercussions as to that those expenses would be disallowable while computing income tax or ny other repercussions.??
1 Like

Arun Gupta (Tax Professional ) (222 Points)
Replied 18 August 2017

NON GST items:-Goods

Arun Gupta (Tax Professional ) (222 Points)
Replied 18 August 2017

GSTR 3B filing and gst liability payment date is 20 only But for Assessee who had June C/F credit and wishes to take it as ITC For them They have to file Tran 1 andGSTR3B before 28 august But GST payment liability will be same for everyone Kindly note that every ASSESSEE have to pay GST liability by 20 June



purva jain (60 Points)
Replied 18 August 2017

I want to transition itc and i already submitted GSTR 3B. Now what's the procedure for taking transition itc and can i adjust it in my Aug GSTR 3B
1 Like

SANDEEP JAIN (Tax Consultant) (487 Points)
Replied 18 August 2017

yes u can

Aman Chawla (133 Points)
Replied 19 August 2017

sir if for any reasons I fail to disclose the accurate amount details under the head non gst inward supplies , then what could be its repercussions?

Arun Gupta (Tax Professional ) (222 Points)
Replied 19 August 2017

Originally posted by : purva jain
I want to transition itc and i already submitted GSTR 3B. Now what's the procedure for taking transition itc and can i adjust it in my Aug GSTR 3B

 

yes

but after filing TRAN 1, your credit will get reflect in Electronic Credit Ledger which u can utilise for payment of august liability

1 Like

Sunil (Trader) (2611 Points)
Replied 19 August 2017

Non GST Supply is items that are out of Ambit of GST eg. Petrol, Diesel, Electricity and Alcohol etc.

Salary is not a Non GST Supply. Salary paid in employer employee relationship is not falling under the definition of SUPPLY.

Activities which are not Supply

Activities and transactions specified in Schedule III –

  • Services by an employee to the employer in the course of or in relation to his employment;
  • Services of funeral, burial, crematorium or mortuary including transportation of the deceased.
  • Actionable claims, other than lottery, betting and gambling
  • Sale of land / Sale of building after occupation or completion will not attract GST. Thus, sale of building before completion or before occupancy will attract GST.

If items are not a supply I dont think you should declare them under Non GST Supply.




Sunil (Trader) (2611 Points)
Replied 19 August 2017

Salary paid during course of employer employee relation is NOT a supply as per Sch III


RAMESH D MODI (Proprietor) (4864 Points)
Replied 19 August 2017

so isn't it non gst???

Sunil (Trader) (2611 Points)
Replied 19 August 2017

They have asked to declare Non GST SUPPLY. Therefore you only have to declare supplies that are Non GST. Of Cours Salary is Non GST but it is not a supply.


Aman Chawla (133 Points)
Replied 19 August 2017

@ sunil
justified point. thank you



Sunil (Trader) (2611 Points)
Replied 19 August 2017

Only you have to take care it is your own employee to whom you have paid salary. Contract employees of manpower supplier or say if you reimburse salary of an employee of your subsidiary concern are not having employer employee relations with you. These are supplies and that too taxable. The exclusion is very limited and must be interpreted in a limited way only.


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