Is a Supplier eligible to pass on ITC to a Recipient if he has filed his return (GSTR-1) under Section-39 but has not really filed his GSTR3-B and not yet paid tax. Does Section -16 provides scope for both the scenarios ?
'Section-16. (1) Every registered person shall, subject to such conditions and restrictions as
may be prescribed and in the manner specified in section 49, be entitled to take credit of input
tax charged on any supply of goods or services or both to him which are used or intended to
be used in the course or furtherance of his business and the said amount shall be credited to
the electronic credit ledger of such person.
(2) Notwithstanding anything contained in this section, no registered person shall be
entitled to the credit of any input tax in respect of any supply of goods or services or both to
him unless,––
(a) he is in possession of a tax invoice or debit note issued by a supplier registered
under this Act, or such other tax paying documents as may be prescribed;
(b) he has received the goods or services or both.
Explanation.—For the purposes of this clause, it shall be deemed that the
registered person has received the goods where the goods are delivered by the supplier
to a recipient or any other person on the direction of such registered person, whether
acting as an agent or otherwise, before or during movement of goods, either by way of
transfer of documents of title to goods or otherwise;
(c) subject to the provisions of section 41, the tax charged in respect of such
supply has been actually paid to the Government, either in cash or through utilisation
of input tax credit admissible in respect of the said supply; and
(d) he has furnished the return under section 39:
Sir ,
Suppose cash deposited in child bank account by his father Rs 210000/- to pay his institute MBA fees . Can this amount taxable in child part .
Secondly- If some friend deposit Rs 50 k in cash . this amount is taken as loan . But can we show this amount as gift from friend so that we can get rid of penalty u/2 271 D .
I Am an employer and having my commercial property which i have given for rent in the year 2017-18, renter's income is under 20 lakh he is not paying me gst now i got Gst notice and officers are asking me to pay rcm ON godown rent received from jul to 12th Oct 2017 and also I am a dealer of Basmati Rice so I am paying Frieght to the Transporters on Gst and Non Gst both Products so officers also telling me to pay RCM on Frieght Charges.
Please suggest me is there any clause for GST on Transport Frieght Charges of Rice Exempt and non Exempt goods
Dear Sir
Invoice No
CSR22P000453 HAVING 2 TYPES OF RATES LIKE 18 % AND 28% .
HOW TO ADD DETAILS IN E INVOICE EXCEL TEMPLATES PROVIDED BY GOVT.
ERROR SHOWING IN THAT SAME DOC NO REAPETED LINE.
NO PROB IN ONLY ONE TYPRE OF RATE ITEM.
THANKS IN ADVANCE.
7004950802
Resp sir/madam,
I don't have password for login to site of registration of partnership firm.
I have user ID but don't have password and there is no any option like forget password/reset password.
How can I get my password please help me...
DEAR SIR,
WHILE FILING INCOME TAX RETURN USING WINMAN SOFTWARE INCOME TAX WEBSITE SHOWING AFTER VALIDATION SUCCESSFUL UPLOADING THE XML RETURN ERROR MESSAGE WILL APPEAR LIKE ERROR:MESSAGES.500062 OR 500075.
CAN FILE INCOME TAX RETURN THIS IT WEBSITE PROBLEM OR INTERNET CONNECTION PROBLEM OR XML CONVERTING PROBLEM
PLEASE GUIDE ME YOUR VALUABLE GUIDANCE MUCH NEEDED
REGARDS
For fiscal year 2020, I qualify as NRI for tax purposes. I have returned now to India. I worked abroad during 2020 and remitted back my foreign savings in rupees to my own Indian account. Using these remittances as source, I invested in many mutual funds in India through the fiscal year.
For 2020, I have no taxable income in India but to explain the 'source of funds' for my mutual fund investments on the IT Compliance e verification portal, can I select "Out of earlier income or savings" as the appropriate response?
- If yes, what supporting documents should I have available?
- If no, what other response option can I select for "Source of Investments and Taxable Income" category?
Sir, I want to know the treatment of expenses incurred before incorporation of a private limited company. Company was actually incorporated on 01-06-2021. But from 01-01-2021 expenses was incurred in the name of the company and that is too met by cash amounting to Rs. 10 lakh. Then how can I account this expenses in the books of account.
Dear Sir,
One of my client has incurred Long term capital loss for shares sold in F.Y. 2020-21. He has purchased the shares in F.Y. 2012-13.
Do I have to fill Schedule 112A in such a case as normally incase of profit the schedule is required to be filled up.
Please help me in this matter.
Regards,
Divyesh Jain
i want to convert propritorship into partnership and such proprietor ship having vendor registration for civil work under ioc and other govt department but in case of change of propritorshio into partnership it leads to change in gst no and pan no so my query belongs to what would be it impact on my vendorship in ioc and other govt, department.
Input Tax Credit, GST refunds and Recovery of refunds- Roadblocks and way outs
GST LIVE Certification Course - 43rd Weekdays Batch(With Govt Certificate)
Section-16 of GST Act