Referring to section 50 (1) of CGST Act 2017 read with Notification No. 16 /2018 - Central Tax
Dated 23rd March 2018, what will be the value on which interest will be calculated in case of late filing of GSTR-3B i.e. after due date? Will it be after considering the Input tax credit? For ex. If output liability is Rs. 1,00,000/- and input tax credit available is 80,000/-. The value on which interest will be calculated will be Rs. 1,00,000/- or Rs. 20,000/-(Rs. 1,00,000- Rs. 80,000)?
Extract of Notification No. 16 /2018 - Central Tax Dated 23rd March 2018-
"Payment of taxes for discharge of tax liability as per FORM GSTR-3B :Every registered person furnishing the return in FORM GSTR-3B shall, subject to the provisions of section 49 of the Act, discharge his liability towards tax, interest, penalty, fees or any other amount payable under the Act by debiting the electronic cash ledger or electronic credit ledger, as the case may be, not later than the last date, as mentioned in column (3) of the said Table, on which he is required to furnish the said return."
Dear Sir,
We have taken wrong Input Tax Credit of Rs. 92, 44,555.00 on IGST in the month of July’17 and same was set-off till Sept’17 on IGST, CGST & SGST. From Oct’17 we have taken actual credit and paid tax accordingly.
IGST CGST SGST
9,182.00 6,045,603.00 831,510.00
Our actual Input Tax Credit is:
IGST
9,244,555.00 CGST 6,045,602.00 SGST 831,509.00
But we have taken
Secondly, due to set-off mistake we have excess credit balance of as on 31st March 2017.
IGST CGST SGST
27,05,975.74 58,83,162.10 6,69,069.18
Further, we want to reverse the excess credit taken in the month of March’18 so that we can go fresh from Apr’18 without any mistake but when we try to reverse this above mentioned figure on ITC it shows
Kindly help me to resolve the same so that we can avoid unnecessary late fees & interest.
We have two branches in Tamilnadu with Same Registration Number. One is trichy and another is Coimbatore. We are planning to shift the Stock from Trichy to Coimbatore. Can you provide me the document list to be submitted to the transporter.
IF A DEALER SALE GOODS IN THE MONTH OF MARCH, 2018 AND WRONGLY CHARGED CGST+SGST IN PALCE OF IGST IN A SALE BILL AND FILED HIS MONTHLY GST RETURN GSTR-3B & GSTR-1 FOR THE MONTH OF MARCH, 2018 AND DEPOSIT CGST & CGST. IN THE MONTH OF MAY IF HE KNOW ABOUT HIS ABOVE MISTAKE NOW HOW HE CAN CORRECT HIS MISTAKE AND RECTIFY GST RETURN ACCORDING TO GST LAW TO AVOID PANELTY . PLS REPLY.
i want to know whether autitor is reuired to keep book of account of client in his own records
Our firm is doing works contract with govt departments. As the first invoice was in February 2018, gst returns were not filed from july 2017 till Feb 2018. In the meantime gst registration is shown as cancelled in gst site. How to restore the cancelled gst registration?
Let me know is reverse charge mechanism is applicable from April 2018? & also on which type of services & expenses RCM is applicable .
Scenario:
Company A (India) Ltd. is held by Company A (US) Ltd.
Company B (India) Ltd. is held by Company B (US) Ltd.
Both Company A (US) Ltd. and Company B (US) Ltd. are under the same management.
Company A (India) Ltd. is bigger in size and operations as compared to Company B (India) Ltd.
Management wants to merge both Indian companies in due course, and hence exploring various options considering Indian compliance / approval requirements. As a part of this, they are expecting minimum complication / compliance / approval requirements, as well as easy funds transfer to close the deal with US counterparts.
Options considered:
(1) Company A (India) Ltd. will merge with Company B (India) Ltd. As a part of this, after obtaining necessary approvals from MCA/CLB, share transfer will happen from A (US) to B (India) at a pre-defined consideration. This is expected to happen based on valuation of the entity, which will involve a very long and cumbersome process of going through required approvals etc.
(2) Company A (India) Ltd. will merge with Company B (India) Ltd. but not by taking above route, but some different route as follows:
a. B (India) will raise money by issuance of NCDs to B (US)
b. B (India) will utilise that money to buy shares of A (India) from A (US) at fair valuation of shares.
c. Thus, B (India) will become shareholder of majority of shares of A (India).
d. Once this is done, B (India) and A (India) merger process can be started in due course.
e. Once both the companies are merged, surplus money of A (India) will eventually become money of the merged company B (India), and that money can be utilised to repay the amount to square off NCDs.
This process will comparatively be less cumbersome with minimum approvals, and thus, will become faster process.
Questions:
(a) Whether both the options above are in line with Indian regulations?
(b) The management prefers to adopt option 2. Do you think that they are right in determining that this option will be faster at the same time complying with all statutory requirements?
(c) Do you have any better options that can be considered to meet the objective of the management?
Dear Experts
while filing 3B for the month feb18, i missed out one sales invoice. various post are saying that add your missing details in upcoming 3B that is for now April 18 as i have already filed both Feb n march. can i add feb sales in april 3b and pay off the liability ? what will be the position at tym of GSTR 3 as it will again ask me to pay tax for the month of Feb ? should i wait for GSTR 3 ? Plz guide
I already file GSTR-3B for the month march 18. But now I see that there is 1 purchase bill pending to claim ITC. bill date is Jan 18. Now my question is Can I claim ITC now on April 18 GSTR-3B
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
Value for interest calculation on delay payment of gst