Academic Questions on GST

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Guest

Here are some technical questions Share your thoughts

1. MR A & B are Cousins. MR A is registered to GST doing interstate product sales and while MR B deals with interstate services and does not require GST. MR A client accidentally makes payment to MR B. MR B transfer that amount to MR A account. Now no tax evasion is occurred (except MR A need to pay CGST & SGST instead of IGST). Does this one time/accidental payment makes MR B Liable to register for GST or have any other impact on him, as product delivery was done by MR A to client.

2. A small dealer made some interstate sales in 2018 (constituting less than 1% of his total sales). He discontinued interstate sales considering hassles and cost associated from 2019. Now Under section 63 He is liable to pay

1. Penalty for 1% sale amount(interstate )

2. Penalty for total sales of 2018

3. Penalty for all the sales he make thereafter i.e from 2019 to 2024 too.

These questions are for academic purpose however answers would be helpful to clear doubts of new forum members.

Replies (4)

Saravanan nagaraj

463 Points Posted on 09 February 2024

1) Mr.B should not transferred the amount to Mr.A account. Mr.B had given clear route for GST official may suspect your business transactions. Banker usually reported to GST and Income tax dept. To fix this issue, Mr.B should register himself under GST, or return payment to sender. Then Mr.A asked pay back. GST registration is mandatory for interstate supply of services under section 24 (i) when exceed your turnover threshold limit Rs.20 lakhs.(10 lakhs)

2) the recipient usually updated as an (RCM purchase) unregistered purchase. There was no details to update in GST portal. When GST official found this on the way of despatch materials or through banking transaction. They may issue notice under section 63. As per the notice and take sufficient action like tax payment due with penalty and interest.