Mohd Nasruddin
05 March 2022 at 11:06

WE CAN TAKE BENEFITS OF ITC

HELLO SIR,
This is my query regarding input tax credit on gym machinery and other items. We are running a fitness club or Gym. We have taken tax invoice GST paid on machinery and other items and we have taken GST number regular scheme. GST return filing monthly basis.


wala valavala

Query : (i) Issue of debit note without issue of Original invoice / bill (ii) Non Issue of Receipt Voucher for payment (iii) Whether it attract Anti profiteering by LG Electronics India Pvt Ltd?
I have a small query on subject matter above.

Details : I purchased the LG refrigerator (420 ltrs)costing Rs.43200/- from local dealer M/s Safezone Electronics, Gandhinagar on 2.2.2019. It failed 3 times after warranty period soon. Since LG was not listening to complaint of local dealer, I intervened and chased the issue directly with LG Electronics India pvt Ltd to end the sufferings of my 14-member family. LG didn’t hear me also but I continued my efforts upto CEO and finally made them agree for replacement which took place on 8.7.21 after my NEFT payment of Rs. 9631.50 on 25.06.21 towards difference in cost of old fridge (depreciated value of Rs.34560/-) and cost of new fridge Rs.44192/-.

I asked 4 documents viz, invoice/ bill, money receipt, receipt of returned defective fridge & proper warranty card from (i) LG Electronics India Pvt Ltd

LG didn't give me invoice/bill or money receipt etc and instead LG forcefully gave me (i) Debit Note No. : DNAHMATK2100019 : dated 26.6.21without supply order no, customer PO no., original invoice no., original invoice date ; (ii) packing list page & (iii) defective Delivery Challan ( Not For Sale ) dated. 8.7.21 mentioning total price of Rs.18070.90 and leaving total price of new fridge as blank.
I think LG have to issue Original invoice/bill for Rs.44192/- and receipt voucher for (advance) payment of Rs.9631.50 which is mandatory as per GST Act,2017 (Section 31 to 34). Am I correct in my demand of those 4 documents?
OR
Is action of LG to issue Debit note without issue of Original invoice valid & lawful and whether said Debit note can take place of Original Invoice/bill? Whether LG is bound to issue a receipt voucher for Rs.9631.50?

When I am struggling with LG since last 8 months to get 4 lawful documents and LG is not ready to issue invoice or money receipt (receipt voucher) etc as per GST Act (section 31 to 34) and in violation of Consumer Protection (General) Rules 2020 ( effective from 20.7.20) following unfair trade practice in terms of section 2(47)(vii) of Consumer Protection Act,2019 , whether it will attract and tantamount to anti profiteering or violation of GST Act,2017 & CP Act,2019 ?

I also attach a copy of debit note & delivery challan for kind perusal.

Yours sincerely,

D. B. Vaghela,

Retired DGM (Finance) BSNL & Ex Assistant Director General, DOT HQ, New Delhi

Residence: Plot No. 29 / 2, Sector- 4 - A, 'G' Road, Gandhinagar -382006.

Residential landline No: 079 - 23241441, Mobile No. 7984087184 & 9426631300


S. RAVICHANDRAN

One of our Client received notice from CGST Authorities regarding refund claimed on exports without payment of IGSt for the period 2018-19 called Annexure B alongwith original invoices. The original invoices already submitted and verified by the proper officer and sanctioned the eligible refund. Now the CGST authority again called the Original Invoices. Please let me know how reply for this Notice.
Please clarify
S. Ravichandran


VIJAY BHATT

My question in regard of Refund of Un-Utilized Input tax credit in case of inverted tax structure are:
1) What is the time limit of filing refund application ?
2) Is Refund of ITC on Supply of Services can claim ?
3) Is Refund of ITC on Capital goods can claim ?

Please advice with respect of Rule.

Thanks in advance


ARCHANA

Sir,

Transportation RCM 5% paying every month, Showing IT 3B RCM column and ITC Column.

Now my doubt is RCM ITC 5% , can we use Output Payment from ITC Credit Ledger.

Some one informed This RCM 5% ITC cannot take only 12% RCM will ITC Available, plz clarify my doubt.

Thanking you,


HARISH BHATIA
04 March 2022 at 12:50

GODOWN / ADDITIONAL PLACE OF BUSINESS

Respected members,
What are the consequences or provisions applicable if we will not add any godown or additional place of business and keep stock that has proper invoices & Assume that if any clerk or officer of the GST (below the JC / AC level ) inspects the same and make a video, what are the situation generally faced by taxpayer
kind guide in this manner


ARCHANA

Sir/mam,

This FY 2021-22 Turnover is 7 Cr PY 2020-21 turnover is 21 Cr and purchaser turnover is FY 21-22 2 cr , we can deduct tds to purchaser both turnovers is lessthan 10cr in this financial year ,

Plz kindly suggest tds 194q applicable or not


VIPIN GUPTA
02 March 2022 at 20:39

GST on sale of old Medical Equipments

Dear Sir,
We are running a nurshing home and have taken GST registration due to rental income. We have sold old Medical machines X Ray and ECG Machines upto WDV will we be liable to GST. If not kindly mention the exemption notification


JAMES VERGHESE
02 March 2022 at 16:40

E - INVOICING

Dear Experts,

As the light of new notification by the GST dept. related to E invoicing, is it applicable for Petrol Pump and Medical laboratories ??

Please guide me


Nayeemulla S H

Dear Sir/Madam,
We have the business of Rice mill, in this business we are used do milling process of paddy which is taxable @ 5%  but my query is for doing Milling process we charged Loading Unloading Hamali for which shall we collect GST @ same rate or is it exempted as per notification no 09/2017 of IGST

For Milling of Paddy @ 5%
Loading Unloading Hamali----???? (GST applicable or not)
Please if possible attach the notification regarding the same.
Thanking you






CCI Pro



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