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Applicability of GST


Amish Maknojia (Student)     28 September 2020

Amish Maknojia
Student 
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Hello experts!
Mr.A staying in India has a business in which product is manufactured outside India and Sold outside India, but payment for purchase and receipts for sales are done by him from India, turnover is more than 5crores, is GST registration applicable?

prasad Nilugal (Sr . Accountant and GST Practitioner . )     28 September 2020

prasad Nilugal
Sr . Accountant and GST Practitioner .  
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As  per schedule III  (7)  CGST  amendment  act  2018  Supply  of  Goods  form non taxable territory  to  another non taxable territory is  nether  supply of  Goods nor services  . so in my opinion  its non GST   supply . 

please confirm with others also.  

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Amish Maknojia (Student)     28 September 2020

Amish Maknojia
Student 
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Ok, thank you

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Hardik Patel   28 September 2020

Hardik Patel

 37 points

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If he is earn commission income then I thing gst applicable on commission income.

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Amish Maknojia (Student)     28 September 2020

Amish Maknojia
Student 
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No, it's not commission income, he purchases from one country and sales to another country and gets profit

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Hardik Patel   28 September 2020

Hardik Patel

 37 points

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Income earn in india... and turnover above 40 lakhs. So I think gst applicable on the income earn.

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Pankaj Rawat (GST Practitioner)     29 September 2020

Pankaj Rawat
GST Practitioner 
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Dear Amish
You are doing merchant Trading.
Merchant Trading means supply of Goods from non-taxable territory to another place in the Non-taxable territory without such goods entering into the Taxable Territory.

As per Amendment Act 31 ,2018 , the merchant export has been included under schedule III ie Activities which treated as neither supply of goods nor supply services.
Hence No GST Applicable.

Note : effective from 1/2/2019

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Amish Maknojia (Student)     29 September 2020

Amish Maknojia
Student 
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Thank you Pankaj

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Bhavika Kothari (CA)     09 October 2020

Bhavika Kothari
CA 
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In this case since both the purchase and sale is happening outside the territory of India, these are not taxable in India


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