Vinod Swaminathan
19 April 2019 at 16:51

Real estate

I purchased an under construction flat in 2011 and another one in 2015 in the same project near Mumbai. At that time the prevalent norms were VAt and Service Tax on under construction flat. The Project got delayed and the Developer completed this project in 2018. My queries are :
1. There are some balance payment pending on the Agreement value to be made to the Developer for which demand was raised in 2018 by the developer, the Developer is demanding GST on the amount payable to him, am i liable to pay GST if the entire service tax and VAT was paid on the agreement value. Even if the service tax and VAt is not paid in full, is he right in demanding gst SINCE THE AGREEMENT PRE DATES THE APPLICABILITY OF GST. If yes then what is the slab of GST applicable.

2. The agreement also mentioned of development charges and advance maintenance charges for 2 years to be paid separately to the developer this was not part of the agreement value, the Developer is demanding GST on the development charges and advance maintenance charges, is GST applicable on the same? if yes then what is the slab of the same.

Thanks and Regards,
vinod


Vinod Swaminathan
19 April 2019 at 16:47

Real estate

I purchased an under construction flat in 2011 and another one in 2015 in the same project near Mumbai. At that time the prevalent norms were VAt and Service Tax on under construction flat. The Project got delayed and the Developer completed this project in 2018.
My queries are as below:
1. There are some balance payment pending on the Agreement value to be made to the Developer for which demand was raised in 2018 by the developer, the Developer is demanding GST on the amount payable to him, am i liable to pay GST if the entire service tax and VAT was paid on the agreement value. If yes then what is the slab of GST applicable.

2. The agreement also mentioned of development charges and advance maintenance charges for 2 years to be paid separately to the developer this was not part of the agreement value, the Developer is demanding GST on the development charges and advance maintenance charges, is GST applicable on the same? if yes then what is the slab of the same.

Thanks and Regards,
vinod


Naveen Kumar Jain
19 April 2019 at 16:31

Tds -applicability of sec 194j

Can TDS be deducted under sec 194J for service provided by an individual to a commercial concern in respect of editing or writing articles for a house journal or for content writing for a web site? It is a professional service in common sense,as it requires certain expertise and skill, but is not covered under services defined under section 44AA . It is also not a technical service under sec 44AA.
Is TDS applicable to such service at all? Or is sec 194C applicable in this respect?
Kindly advise.


Raj
19 April 2019 at 16:22

Advice on ltcg tax on property sale

I have sold a property for a consideration value of 35 lacs which is lower then the Circle value price of 44.07 lacs.

but now when i calculate my LTCG it comes to 37.28 lacs (on calculating from the circle value and after taking indexation benefit).

as i am ready to deposit the entire amount of capital gain made into 54EC bonds, do i have to only deposit the actual consideration received or i have to add 2.28 lacs from my pocket and then deposit into 54Ec bonds?

please advice


VIDYASHREE VIDYA
19 April 2019 at 15:13

Difference in opening balance

Dear Experts,

I have entered all the opening balances to the current year but still, I'm getting the difference in my balance sheet. After verifying the trial balance, I came to know that opening stock is differing in that. What to do with that now?


avrandco

Which return form is to be submitted (i.e, ITR 5 or ITR 7) in case of negative balance arrived by the Charitable Trust/ Charitable Society/ Educational Institution. Actually we filed ITR 7 for the Educational Institution and didn't the claim exemption u/s 10(23 iiiad) because of negative balance. But CPC defected the return since the Educational Institution has not claimed the exemption. In that case, how to deal with the situation?


Vivek Viswanath

Hi,

When is the buy back of shares considered as completed/ concluded?
To be more specific, what step, when performed, concludes the buyback of shares?
Eg: is it when the consideration is received, is it when the share certificates are destroyed, is it when the share certificates are received back by the company from the shareholder or any other scenario which can conclusively state that buyback is completed.


NARAYAN
19 April 2019 at 11:59

Opening of bank balance

sir,
There is a difference in my closing bank balance according to the bank and my opening of bank balance in accounts.how could i pass an entry to tally with my bank balance so that my balance sheet shows no differences.


karan kumar

Dear Experts,
Since RCM is deferred to 30/09/2019. Hence as of now No RCM is applicable on unregistered purchase. Pls let me know while making purchase voucher whether applicable tax will be levied or not....

Thanks
Karan


Mohit Nyati
18 April 2019 at 23:28

Personal practicle query

Purchase cost 10/- per unit
Labour cost 5/- per unit
Profit margin 3/- per unit
Sale price 18/- per unit

So GST on 18/-@18% =3.24/- per unit
On Purchase 10/-×18%=1.8/- per unit

Net payable-3.24-1.80=1.44

Where as profit is of only ₹3 per unit.

So on 3/- profit 1.44tax is extremely high.

And than extra liability of income tax also stand.

Therefore I request you to advise that is their any reverse charge mechanism to offset the gst liability on labour cost of ₹5.

However, if a trader was there and he purchased any commodity of Rs15 and sell it @ Rs 18 he has to pay gst on value addition of Rs3 only where as this mfg.unit of which I have mentioned above has to pay gst on Rs 8 from his pocket (18-10) which includes labour cost itself of Rs5.

In both the cases entity earning Rs 3 each but one is paying on value addition of Rs 3 and other on Rs 8 so is there any thing like reverse charge mechanism on labour cost?






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