Are post sale discounts/incentives received through financial credit notes for prompt payment, target based discounts etc taxable under the hands of dealers who receive them?
Can it be treated as support service for enhancing the sales of the supplier and can the discount or incentive received be treated as consideration for the said support service?
The types of discounts or incentives are cash discounts, target based discounts, discounts for prompt payments etc. I have a view that these are not liable to be taxed at the hands of the recipient of the discount. However, if gst is being demanded on the said amounts on the grounds that
As per Section 2(17) "business" includes -
(a) any trade, commerce, manufacture, profession, vocation, adventure, wager or any other similar activity, whether or not it is for a pecuniary benefit;
(b) any activity or transaction in connection with or incidental or ancillary to sub-clause (a);
As per Section 2 (102) of the CGST Act,2017 "services" means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged;
As per Section 2(31) of CGST Act, 2017 "consideration" in relation to the supply of goods or services or both includes-
(a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government;
(b) the monetary value of any act or forbearance, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government:
In this case, these incentives are treated as consideration from suppliers for enhancing the volume of sales in the furtherance of their business. Such activity/transaction effected in the course or furtherance of business is a supply of service under Section 7 of the CGST Act.
The nature of the above activity is classifiable under support services related to promotion of trading by receiving payment as an inducement for supply of goods in the course or furtherance of their business. As per Entry No. 453 of the Annexure to the Notification No. 11/2017 CT (Rate) dated 28.06.2017 the services is classified under 998599 as ‘other support services nowhere else classified’ and attracts 18% of GST.
Is this acceptable? What are strong grounds to clearly object this demand?
Can we pay gst appeal pre deposit through Electronic Credit Ledger ?
If yes, then how to get refund of such ITC at the conclusion of such appeal ?
what amount to be taken for stock transfer from one state to another state under GST .
Do we need to show inters income or capital gain in GST return?
Queries
1.Whether i can change LEGAL name (Owner name) in GST Registration as on today ?
2.If No, what is the process of cancelling the GST Registration ?
3.How can we transfer the ITC of this GST registration to New GST Registered entity ? what will be the process ?
Please guide and advise.
Can we take credit of IGST amount paid to custom department on goods imported through "Courier bill of Entry XIV for home consumption"? it is imported in name of the company gst number and it's for resale business purpose only in india.
Dear Experts,
My client export some items (100 items in one invoice) in with pay IGST & some items without pay (under bond) When I prepare E_Invoice some error show at the time. Please help me.
Sir/Madam
If a GST registered person has ITC showing in his GSTR 2B and this figure is getting auto populated in GSTR 3B Part 4 (Eligible ITC) .
But this ITC is not to be taken in accounts neither claimed in GSTR-3B as it does not pertain to the business of Taxpayer.
How to depict this amount in 3B.
Should ITC available (whether in full or part) figure in Part 4. Eligible ITC be reduced by the amount not to be claimed or do we show it in some other part of Return 3B
Please Guide
Thanks in Advance
I have registered under GST and my turnover of business exceeds Rs 40 lakhs for which i collect gst. Now i am letting out Residential property to an unregistered person who intends to run Paying Guest. Should i have to collect GST 18% on rent received from that person. or Am i exempt to collect GST as it is my residential property but now giving letting out to a person who intends to run paying guest.
Sir,
I want know the Practical solution in respect of the following case. One of my client was a trader in building material. One of the product I have sold to the customer was damaged one and the same was returned. In that case I have settled the issue by issuing credit note in respect of the same and issuing the fresh sale invoice. As per conversation with supplier they have provided new item under delivery challan with zero value. I want to know the practical implication in respect of the same. How can we account this DC documents. Under GST this DC documents was enough for Replacement (DC does not show any tax portion and it was shown under zero percentage- whole value was shown as discount). Please provide an immediate solution.
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Gst on Post sale discounts / Incentives