DEAR SIR,

FROM OCTOBER 2024, RCM LIABILITY APPLICABLE ON SERVICE RECEIVING FROM UNREGISTERED LAND TO THE REGISTERED DEALER GST PAYABLE @ 18% ON RENT.

MY QUERY IS ITC AVAILABLE ON GST PAID THROUGH RCM

REGARDS

THANK YOU

The property was sold by asessee during the current year FY 2024-25 after selling the property assessee died during 3 months. to take benefit of exemption u/s 54 in whose name investment is to be made in another house and also how to file the IT return for AY 2025-26.

SIR THE DETAILS OF MY QUERY AS FOLLOWS

PROPERTY PURCHASE IN 2022. TWO BUYERS AND TWO SELLERS
SELLERS PROPORTION 58 % AND 42 % RESPECTIVELY
CONSIDERING TWO BUYERS VALUE OF CONSIDERATION IE AGREEMENT VALUE SPLIT EQUALLY BETWEEN TWO BUYERS
STAMP DUTY VALUE SPLIT CONSIDERING TWO BUYERS AND TWO SELLERS.
STAMP DUTY TAKEN AS EQUAL TO AGREEMENT VALUE
THIS IS LAST INSTALLMENT
STAMP DUTY VALUE OF PROPERTY NOT MORE THAN VALUE OF CONSIDERATION

TWO FORM 26 QB BEING FILLED FOR EACH BUYER
FORM 26 QB FOR ONE BUYER AND ONE SELLER ISSUE BEING ENCOUNTERED AS FOLLOWS
CONSIDERATION VALUE RS 5000000
AMOUNT PAID TILL DATE RS 2300000
LAST INSTALLMENT RS 200000
STAMP DUTY VALUE OF PROPERTY RS 2500000

THE AMOUNT ON WHICH TDS IS TO BE PAID IS BEING DISPLAYED AS 250000
TDS TO BE PAID NOW ON LAST INSTALLMENT IS RS 2000
SUBMITTING THE FORM 26 QB WITH ABOVE DETAILS WILL RESULT IN ADDITIONAL TDS DEMAND AS AMOUNT ON WHICH TDS TO BE PAID IS BEING SHOWN AS 2500000.
KINDLY GUIDE TO FILL THE FORM 26 QB CORRECTLY PLEASE

We have taken service of antivirus software for the period one year for our main computer server.
Is tds applicable, if yes which section whether 194 C or 194 J professional / royalty or technical.

Please advice

RCM ON ROC FEE, PROPERTY TAX, LICENCE RENEWAL FEE ETC., APPLICABLE OR NOT

While filing GSTR 1 whe have wrongly filed one party invoices by including cess amount, when we trying to amend these invoices through gstr 1 A there appeared an error message that the registration of suppliers is cancelled. So we couldn't amend the invoice in this situation what we have to do

Caselaws of income tax for the concept of mutuality

Dear Experts,

We are running a restaurant on a rented premises and the Land lord is unregistered under GST.
While filing 3B return, we are showing the rent and respective RCM in Table 3.1 (d). But not claiming back the ITC as we are not supposed to, as we are under 5% GST without ITC.
The issue is, the tax amount, which we are paying through RCM gets accumulated in " RCM Liability/ITC Statement ".

While we could not avail the RCM, how to liquidate / Reverse this amount ?

Pls. Advice.

My shop is rented in Delhi, and the owner stays in Noida. I am registered under GST and liable to pay RCM (Reverse Charge Mechanism). My question is: Should I pay IGST or SGST/CGST?

Dear Sir,
Please advice the above transaction-Surcharge Rate
case Summary: -
Mr. X (Individual) Purchased a property in India date 30.04.2024 from NRI of Rs. 12 Crores.
NRI profit- Long term capital gain on Property Sale of Rs. 8 Crores Approx.
Then NRI submit the request to AO for LDC as per his Tax calculation, he takes benefit of cost indexation of the property sale in the tax calculation.
AO verified the Tax calculation and LDC issued to NRI for his Long-term capital gain (Property sales) as per below mention Tax rate.
20% TDS +Plus Surcharge extra
So, Mr. X Individual need to deduct TDS u/s 195 under the head Long term capital gain (Property Sale) as per LDC received
TDS 20% +15% Surcharge and Form 26QB filed properly.
Traces raised demand related to Surcharge rate short 25% demand but deduct 15% by us.
So, What is the Correct Surcharge rate applicable on the above transaction.