Dear Experts,
One of my client has a practice of purchasing goods in bulk required for 3-4 months and for the succeeding months he only sells the goods till he finds another opportunity to purchase in bulk again. The problem we are facing is that:

Suppose in month 1 the purchases is made for Rs. 1,00,00,000 (all local) and sales of Rs. 40,00,000/- (50% interstate, 50% local) and balance is in stock. The GST position will be as follows

GST Rate = 5%
Input CGST = 2,50,000/- Input SGST = 2,50,000/-
Output IGST = 1,00,000/- Output CGST = 50,000/- Output SGST = 50,000/-

The GST portal first uses the entire CGST balance to adjust against IGST liability. It does not permit to use SGST balance till CGST is completely exhausted. So the after set-off the position will be:

CGST Credit = 1,00,000/- SGST Credit = 2,00,000/-

In month 2 again Sales of Rs. 40,00,000/- (50-50) and no purchase

Output IGST = 1,00,000/- Output CGST = 50,000/- Output SGST = 50,000/-

So the after set-off the position will be:

CGST Credit = NIL SGST Credit = 1,00,000/-

Now the problem arise in month 3 taking the sales of Rs. 10,00,000/- and no purchase

Output IGST = 25,000/- Output CGST = 12,500/- Output SGST = 12,500/-

Since the CGST balance is NIL we will have to CGST.
However, this is due to the compulsion made by the GST portal. If I were allowed to set-off CGST or SGST credit evenly, this situation would not have arisen. The law does not bars the same but the portal does.

This situation worsens in case of textile industry where the Raw material is taxed @ 12% and sales is taxed @ 5% with no refund of ITC overflow. So, whatever payment the taxpayer makes due to this situation its his cash loss. He already have credit piled up but cannot use and consequently have to make payment.

Please guide with our valuable suggestion to avoid such situation and mitigate the losses caused.

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Dear Sir,
An Assesse wants to take cash gift of Rs. 1,50,000.00 from his father and Rs. 1,50,000.00 from his mother. Please tell is it allowable as per IT Act or not, as it is told that cash gift upto Rs. 2,00,000.00 is allowable.My query is as the Assessee is taking the cash gift of Rs. 1.50 Lacs individually from his father and mother, so it is allowed or not.

Thanks,
Abhishek.

Dear Sir,

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However there were transections in share market mostly not profit. The IT dept has flagged values for about 30=40 days when turnover was above three four lacs having profit of one or two thousand or loss on other days.

How to solve this querry.

Dear Sir,

Some of our colleague submitted the School fee receipt for there ward. the fees are including Tution Fee, Special Fee, Admission Fee, Caution Deposit etc and they said there is SC/HC judgement that all fee are exempted in Income tax except Building Fee, Development fee and other in this nature.
Please help me out whether it is correct. what are the fees are exempted in Income tax and what not?

Thanks
Hari Krishna

An individual asseese is having income under the head Salary, Income from
House Property and Income from Other Sources.

Such individual has taken on rent the residential premises from a Pvt. Ltd. Company
Rent paid is Rs. 100000/- per month which such individual gets deduction against
House Rent Allowance Received.

Query is: Whether such individual is required to deduct TDS on such rent paid with reference
to Section 194IB

Such individual is paying rent from 01/04/2017, for what period Tax is required to
be deducted whether w.e.f. 01/04/2017 or w.e.f. 01/06/2017