02 December 2017
I sell chocolate products online (zomato, Amazon etc.). when I sell on zomato - it is delivery only restaurant - GST 5% - No ITC When I sell on Amazon (Interstate) - it is sold as product - GST 18% - ITC allowed I am running my unit in rented place. Owner does not have GST no. so I don't get GST taxed rent receipt. I have following queries. Your guidance will help me. 1) Shd I approximately take ITC, based on assumption that x% will be sold on Amazon and y% will be sold on zomato, when I purchase my Input material.(Because there will be only 1 invoice when I buy input material) 2) Amazon and Zomato charge commission, convenience fees and also apply CGST, SGST. Such charges on Amazon, I can take ITC. Zomato, I can not take - Is it correct? 3) Is there anyway I can get some credit for the rent I am paying? 4) I need to fill GSTR3B for paying tax, based on Invoices I receive from Zomato, Amazon for the month. Is it correct? Do I have to raise any Invoice on Zomato, Amazon etc? 5) I sell my product online, so which GSTR form should I fill, GSTR1 or GSTR2. I should give details of only zomato and Amazon invoices or each transaction of each customer to be filled? I am confused here and seek your help. 6) My turnover is about Rs. 20 lacs, so when should I file return? (return means, GSTR1 or 2 or 3 - kindly let me know). Looking forward to your guidance
03 December 2017
1 Take ITC based on actual percentage of sales. 2 Yes you are right. 3 No way you can't get credit for rent paid. 4 Fill gstr-3 b based on invoice received. 5 Fill gstr-1.fill consolidated details customer wise details not required being supply to consumer. 6 File gstr-3 b and gstr-1 monthly till September and quarterly thereafter.
03 December 2017
Seetharaman Sir, Thanks a lot for your reply. But, I have some confusion for ITC, as given below: 1. I buy inputs, which last say approximately for 3-4 months.I get only 1 invoice from supplier,showing GST tax.e.g., I buy in October, which lasts for october, November, december. When I file GSTR3B on November, I have complete idea of my November sell on Zomato and Amazon. So I can take ITC as per my exact sell on Amazon. But, how much sell will be there in Amazon and Zomato in November and December, I have no idea. Now, for claiming ITC, I have only 1 invoice in October (this input material may last for October, November, December), so how much ITC I should claim. Is following allowed? 1) I claim full ITC, based on Invoice I have received from supplier in October. 2) Based on Actual sales, I refund ITC to govt. based on actual sales in next months.(I don't know whether any such thing is there or not) Or is there any other methodology to claim ITC?
03 December 2017
Seetharaman Sir, Thanks for your reply. But I am little confused. I claim ITC for full buy of my raw material. Say, I but raw material worth Rs. 1 lac, say with GST of 12000. Now my zomato sell is say Rs. 1 lac in October and Amazon sell is say Rs. 50000. I pay GST on zomato sell without ITC, i.e. 5000/. Now, for Amazon sell I have to pay GST of 6000.But I claim ITC of 12000. So overall my GST payment of 11000 is compensated against 12000/. Now in month of November, suppose I sell again Rs. 50000 on Amazon, I pay GST of 6000 - 1000 balance ITC = Rs. 5000. However, for Zomato sell, I keep paying GST. Is the understanding correct or will be obliged, if you can explain me.
04 December 2017
Seetharaman Sir, Thanks for your reply. Can I use the same invoice for claiming part ITC based on actual sales for consecutive months ?
04 December 2017
Seetharaman Sir, one more doubt on delivery charges when I sell within state, because it is considered as delivery only restaurant. Can I charge flat 5% for product+delivery or I have to charge 5% for product and 18% for delivery?
Also sir, do I have to fill GSTR3B separately for each code?
05 December 2017
Seetharaman Sir, Zomato and Amazon are raising Invoice on me for showing commission they have charged on my turnover and corresponding GST. But for filing my GST return, on whom should I raise Invoice. There may be hundreds of customers in a month to whom my product/service is supplied. I am sure I dont have to give details of hundreds of such invoices on different customers. Then, on whom should I raise one monthly consolidated invoice for Zomato sell and one for Amazon sell. Because in GSTR1, I need to fill Invoice detail.
05 December 2017
For sale to consumers (b2c) invoice wise details need not be given in gstr 1 Only consolidated details to be given. No invoice need to be raised.
05 December 2017
Seetharaman Sir, Thanks a lot. For my delivery of product to customers (based on the order I receive from Zomato), I deliver the chocolate preparation. So, if chocolate price is 100 Rs. and delivery charge is 20 rs., Can I charge 5% on Rs. 120, because I am delivering the preparation.
05 December 2017
Seetharaman Sir, When I sell my chocolate preparation on Zomato, it is sold as delivery only restaurant (under service code), within the state. So I deliver it also. So as a restaurant, will 5% be not applicable, both for food preparation and delivery? When I sell on Amazon, it is sold as Product under HSN code and I will have to pay 18%. Is my understanding right, Sir?l
07 December 2017
Seetharaman Sir, I have my kitchen unit in one state and sell it within state on zomato. Now, I want to keep warehouse in neighbouring states, will I have to take separate GST in each state, though I only keep my warehouses in other sates and keep my manufacturing unit in my original state? Also, if I want to keep warehouse in Chandigadh, and if I am required to take GST even for putting warehouse, whether for Chandigadh, I have to take GST for which state - Punjab or Haryana?
26 December 2017
Seetharaman Sir, I am taking Input tax credit for sell of services in a partnership firm. I am taking Input tax credit for my product sell in my Pvt. Ltd. Co. When i file my Income Tax return, for partnership firm and also for pvt. Ltd. Co. and also in the individual capacity as the partner or Director, can I show full invoice value (including GST amount) as the expenditure or only the amount without GST should be claimed as expenditure in the Income Tax return.
31 December 2017
Seetharaman Sir, Thanks for your advise. Seetharaman Sir, I have got my GSt no. in December and it will be first time that I will be filing the GSt return. I have small kitchen unit and make chocolate preparation and sell it to customers on e-commerce site, Zomato for Intra state customers and use site like Amazon for interstate sell. At times there are direct customers just across the border to whom also I have to supply products. Given the background, as per my understanding, 1) I have to pay tax, both for intra state and interstate revenue, fill chalan and pay tax after deducting ITC. 2) I will adjust ITC only against my interstate supply (12% Tax) and not against Intrastate revenue (5% Tax, being considered as delivery only restaurant on zomato). 3) I will fill Table 3.1 under column (a), as I have outward taxable supplies to customers (which are not zero or nil rated or exempted) 4) Do I have to fill Table 3.2 separately for supplies made on Amazon to Interstate customers or directly to some customers? I am not sure about this. 5) I also collect delivery charges separately, Do I pay 18% GST on delivery charge for intra state supply and claim ITC for this? If yes, under what SAC code I pay this GST. I am not sure about this part at all. 6) I have to fill table 4 for ITC under column (5) for All other ITC. Is it correct? 7) Fill Table 6 Please let me know whether I have to fill any other table/column, which I have missed out. For GSTR-1 A) I have to fill Table 7 (B2C Others) B) Do I have to fill Table 12, because I have only one HSN for my product, which I use only for inter state supply. If I have to fill Table 12, here I have to show only my Qty of inter state supply, Value of interstate supply and Integrated tax pyt. C) I don't have to fill table 13, as my supply is B2C. Is it correct? Also for GSTR-1 , Do I have to fill any other table, kindly guide me. I will be grateful for your guidance.
01 January 2018
Seetharaman Sir, Thanks for your response. I will be grateful if you kindly confirm the Table nos. I need to fill for GSTr3B and GSTR1., since I am not confident, being my first filing.
03 January 2018
Seetharaman Sir, 1) I have got GST registration on 4th December. Zomato has inserted my GST no. and updated their system only on 8th Dec. So for sell between 4th and 8th, GST has not been collected. So is it OK that I show my GST revenue on zomato from 8th onwards? (Of course, I will show my full revenue in ITR). 2) Like me, many start ups are charging 5% as delivery only restaurant with no ITC and are charging 18% on delivery charge and claim ITC for delivery charge. Can I also do the same?
07 January 2018
Seetharaman Sir, Since I was not aware of the rules of offset liability under IGST, CGST and SGST, I have paid Rs. 482 more in CGST and Rs. 482 less in SGST. Will it be allowed? If not what to do? Can I pay now additional Rs. 482 in SGST? How to recover additional CGST paid by me?
15 November 2018
Seethraman Sir, 1) I am online seller. Amazon, Flipkart etc. has started cutting TCS, but all of them have not yet filed GSTR 8 form. Now due date is over for them. Will they file or can they file it in next month? Will my TCS credit get affected? 2) Those who have filed form 8, I find that they have missed out on some invoice and there is discrepancy in their revenue reporting in Form 8 against the actual revenue that has taken place. In such discrepency, what can be done by me? 3) Is there any time limit for me to accept/reject the TCS filing shown in Form 6A on my dashboard? 4) Once TCS return is accepted, it will show in the cash balance? Can this cash be utilised for tax payment of GST? i will be grateful, if you can clarify, as I am quite confused.
16 November 2018
1 They will file it no need to worry. As soon as they file it will reflect in your cash ledger. 2 Point out the discrepancy they will correct it. 3 Accept it when you see it then only it will reflect in your cash ledger. 4 yes it will be shown in cash ledger you can utilize it for tax payment. No confusion they are big companies do it rightly.
11 December 2018
Seetharaman Sir, Thanks. Sir, there are some nil rated supply I receive as input material. I forgot to show one entry while filing return last month (GSTR3B, nil return). Can I show it in this month or how can I correct. (Table 5, I have to only fill the amount and whether it is intra or interstate). I will be grateful for your guidance in the matter.
12 December 2018
Seetharaman Sir, will be grateful if you can kindly guide me, as to what can be done if I have missed out putting "nil" rated supply one entry in previous month. Should I show it this month? Also, Sir, I am selling on e-commerce portal. Now sometimes goods are returned by the buyer. E-commerce portal shows value of goods returned and hence net turnover. Hpw do I show goods returned? Will I be entitled to claim corresponding GST refund and TCS refund? If yes, how to claim? Which table to be filled - GSTR3B or GSTR1?
13 December 2018
Seetharaman Sir, Thanks for your response. 1) So I will show "nil" rated supply , which I missed out last month, in this month GSTR3B return. 2) For return goods, I show net turnover and pay GST accordingly. 3) I will not get TCS refund for returned goods, though I am selling on e-commerce portal? Kindly confirm. Regards.
26 December 2018
Seetharaman Sir, Thanks for your guidance. I observe that some of e-commerce players have shown incorrect turnover (more turnover) and correspondingly more TCS. I have written them e-mail to correct the same. But if they do not correct it, should I reject their invoice? If I do so, 1) will it mean that I will not get that TCS refund. 2) What can supplier do if e-commerce player has made the mistake? 3) e-commerce players have BPO type operation and I can not talk to any one single person to explain this. Kindly guide me, as unnecessarily, I am wasting my time and energy for following up on such issues and also getting scared that unnecessarily this GST authorities will come up with enquiries, for which I am not responsible.
12 March 2019
Respected Seetharaman Sir, I am a B2C online seller on Amazon etc. channels. There was a single order in one state, which was returned. Amazon has issued me tax report showing negative revenue. Full money is refunded to customer. Now I have two queries 1) How do I get my refund of GST already paid by me. 2) How do I show negative revenue in Table 3,2 , which is statewise revenue, as this was single order in that state and was returned. Kindly guide me.
12 March 2019
See that a man Sir, I am not able to adjust revenue of that state because, it was a single order for that state. In table 3.2, we have to show statewide revenue. Only this return order is there. I can not show negative revenue. Thus I don't know how to get back the gst paid by me for the returned order. Kindly guide.
13 March 2019
Value is small, but I have this problem in 2 states. Now, value is small, but in future, if large order comes and it is returned, I should know the process. Also there will be mismatch in revenue what Amazon has shown and if I don't show this revenue. Hence, kindly guide me for the procedure, which is important for my business, where return from customer is quite common. Regards
14 March 2019
Seetharaman Sir, Is it not necessary for me to show table 3.2 in GSTR3B to show statewise sell ? None of my invoice is above Rs. 2.5 lacs. If I don't have to show statewise detail, I can then show overall net revenue and thus net GSt to be paid. have I understood it correct, sir? Do I have to show statewise sell only in GSTR1, Table 7 for B2C small? Regards,
13 April 2019
Seetharaman Sir, I am online seller B2C small. 1) I got an order from Telangana on Amazon, order was fullfilled. However, the product was returned in February. Customer was fully refunded. In February, there was no other order from Telangana, hence could not adjust. However in March, I got order on Amazon from Telangana. Can I adjust the return order revenue and GST in this March GSTR3B filing? 2) For my purchases from a company, I returned part of the supply and he refunded me the money for the return supply against the debit note issued by me. Do I have to show my debit note in any table of GSTR3B or GSTR1?For ITC and IGST, can I show the net amount ? Will be grateful for your guidance
13 April 2019
Seetharaman Sir, Thanks for the reply and your guidance. Sir, what I understand from CBIC is that I have to show details in Table 3.2, even if it is less than 2.5 lacs. Hence I am showing it. Now, I got single sale order in January from Goa. I fulfilled. It was returned in February. It was single return order in February. Hence could not adjust for revenue amount in Table 3.2. March also I did not receive any order from Goa. So adjustment could not be done. IGST paid by me in January is with Govt. CBIC is telling me that I should show less revenue in GSTR3B (to the extent of return order value of February) and also show correspondingly less IGST to be paid. Then in GSTR1 of Jan-March, I should fill Table 10 (B2c Amendment Others) for Goa showing revenue to be nil and IGST to be nil for month of January, because it was single order and returned. But with this there will be mismatch of IGST of table 3.1 and 3.2 in GSTR3B of March. CBIC says this mismatch you can show in annual return. I have not understood, whether it is correct and how to show in GSTR9. Will be grateful for your guidance.
30 May 2019
Seetharaman Sir, I am manufacturing in a small unit (pvt. Ltd. Co.) , chocolate fudge and selling on e-commerce platform like Amazon etc.I want to appoint some people as interns and pay them as stipend. I have following querries 1) Do I have to deduct on stipend payment. If no, upto what limit, no TDS deduction is allowed 2) Is there any limit on the time period for which interns can be appointed and paid as stipend. (Till the time, I really establish business, I want to keep them as interns and pay stipend) 3) Is there any restriction on no. of interns I will be greatful for your guidance
30 May 2019
Thanks Seetharaman Sir, If I can keep them for 1 year as intern and if I want to reappoint them as intern, after what time period, I can appoibt them as intern. Regards
12 August 2019
Seetharamn Sir, For pvt. Ltd. Co., director has gpt some loan given to the company. If this loan is still to be paid back to the director, can the director of this pvt, Ltd. Co. can take performance bonus? Is it allowed/disallowed under which section? Can you please help me with the answer?
CAclubindia
