Sarthak Abhyankar
21 October 2022 at 13:22

Applicability of GST Cess on Sales

Sir/Madam,
I have one query
One of my client doing Cold drink Business for his Purchase comes at 28% GST plus 12% cess. And his all Sales to BtoC. Can he liable to pay cess on his sales Or not..
(Client taken GST Registration as Regular tax payer.)
Please help.
Thanks...


Krishna Chandra Rai
21 October 2022 at 11:45

Updated Return u/s 139 (8A)

As per income tax act any updated return will attract a penalty of Rs. 5000 if it for 1 year back and Rs. 10,000, in case it is 2 years back. That is the thing which is also mentioned in ITR U excel based utility too.

But one I have heard in some case, persons are filing the return of past years and paying only Rs. 1000 as penalty for belated return too. One of the case I also checked and the same thing I have also seen.

How it can happen if it is a mistake of excel utility or income tax site issue. I have also tried the same and found that excel based utility attracting Rs. 5000 Penalty in case of 1 year old return say AY 2021-22.
Can anyone let me know how it is happening?


Mahabir Prasad Agarwal

As there was neither any purchases nor any sales during last last 9 months, I forgot to file Nil GSTR .My GSTIN was cancelled during January,2022. Now, neither I can request for revocation of cancellation nor can file any appeal for the same. I can only submit/appeal a request after enclosing a supporting document . I do not have any such document for the same. What should I do now : Please advise me .


a eranna
21 October 2022 at 17:50

FREIGHT ON GST UNDER RCM AND CREDIT

SIR

WE HAVE MANUFACTURING COMPANY AND WE REGISTERED SUPPORT SERVICE OF GST

WE HAVE 2 TYPES OF TRANSCATIONS
1. FREIGHT INWARD AND OUTWARD (CONSIGNMENT NOTE RECEIVED AND BILL RECIEVED)
2.FREIGHT INWARD AND OUTWARD (CONSIGNMENT NOTEN RECEIVED AND BILL RECIEVED NOT RECEIVED AND PAYMENT MADE THROGH CASH AND PAYMENT VOUCHER)

MY QUERY
1. HOW MUCH TAX RATE WE HAVE PAID UNDER RCM
2. WHITH OUT CONSIGNMENT ALSO RCM IS APPLICABLE
3. HOW RATE WE HAVE TAKEN CREDIT
PLEASE SUGGEST AND SEND NOTIFICATIONS

REGARDS


Praveet
20 October 2022 at 17:37

HSN Code IN Return

forgot HSN summery entry in GSTR-1, month of Sept-22 Return, what can i do


surajit kar
20 October 2022 at 17:17

26QB Filing Guidance

Hi,
While filling Form 26QB I'm seeing 3 different kinds of dates -
(1) Date of Agreement/Booking
(2) Date of Payment/Credit
(3) Date of Tax Deduction

As per my understanding,

(1) should be the date on which original seller/purchaser agreement was made. This is 23rd Sept 2022.
(2)
7th Sept 2022 Paid first booking amount
7th Sept 2022 Paid rest 20 percent down payment to seller
28th Sept 2022 Rest of payment has been disbursed from BANK to Seller Account

(3) Today 20th OCT 2022 I am trying to file TDS
So, in my case, what should be the dates for (2) and (3) points?


Rajiv
20 October 2022 at 16:58

Under construction property taxation

I bought an under-construction residential flat from builder in September 2020 and did an agreement in same month. If I sell the property in October 2022, my questions are

1. Is LTCG or STCG applicable on this property? One opinion here is that since the property is held for 2 years, it is LTCG. But the other opinion is that as I am not selling property but the right on the property, for which I need to hold minimum 3 years. Should I assume holding period to be 2 years or 3 years for it to be counted as LTCG?

2. Which section is applicable for tax rebate 54 or 54F, if I reinvest the sale proceed in other residential property?

3. I am holding one residential property which is rented, one commercial property again rented and one plot which is vacant in addition to these properties(the property I sold in Oct 2022 and another I may buy in November 2022). Am I still eligible for benefit under section 54 or 54F?


saikiran

CAG has appointed statutory auditor for Govt PSU on 26.08.2022, but the communication received on 26.09.2022 for PSU and company sent letter to Auditor and obtain Consent on 19.10.2022. In this situation while filing ADT-1 Shall I mention Date of Appointment as 26.08.2022 or 26.09.022 (date of Communication received by PSU) what date should I required to mention in ADT-1 Filing Please clarify?


LAVINA CLETA D'SILVA

A person having business income who has opted for 115BAC in a financial year 2020-21( AY 2022-23). He has also filed Form 10IE within the due date for the AY 2021-22. However, the said person has not filed his return of income within the due date for the financial year 2021-22 relevant to the Assessment year 2022-23.

query 1 : will the option to opt for 115BAC be available to him for the Assessment year 2022-23
query 2: If yes, should he have filed form 10 IE before due date or does the form 10IE filed for assessment year 2021-22 be valid for the assessment year.
query 3: If no, then will it be considered as opting out of 115 BAC. In such a scenario, what are the requirements - will be automatic withdrawal from 115BAC or is it mandatory to file form 10IE for withdrawal - as due date u/s 139(1) has expired. what should be done.


Balakrishna Maddipatla

dear sir actually we purchased entire spices factory running as a properitorship and we already transfer all amount to that party , other party is our own cousin now we want to decide to change properitorship to partnership what is the procedure for the registration can you please guide us





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