Sir my client was purchase sorghum (Jwari) from farmers and put in bag on abc traders name print on bag and sale to retailers and wholesaler's in this case what he was applicable to pay gst?
Durgesh Vashisth
(Financial Consultant)
(252 Points)
Replied 18 February 2021
Dear Mr. Rahul,
GST Charged at the rate of % on "All goods, put up in a unit container and bearing a registered brand name, namely:
1. GST HSN chapter code 1001 Wheat and meslin
2. GST HSN chapter code 1002 Rye
3. GST HSN chapter code 1003 Barley
4. GST HSN chapter code 1004 Oats
5. GST HSN chapter code 1005 Maize (corn)
6. GST HSN chapter code 1006 Rice
7. GST HSN chapter code 1007 Grain sorghum
8. GST HSN chapter code 1008 Buckwheat, millet and canary seed; other cereals such as Jawar, Bajra, Ragi.
So, as per mentioned provision, the GST will be charged at the rate of 5% on sale to retailers and wholesalers.
One thing also Considered in your case:-
SITUATIONS LEADING TO REFUND CLAIMS
The relevant date provision embodied in Section 54 of the 282 GST FLYERS CGST Act, 2017, provision contained in Section 77 of the CGST Act, 2017 and the requirement of submission of relevant documents as listed in Rule 89(2) of CGST Rules, 2017 is an indicator of the various situations that may necessitate a refund claim. A claim for refund may arise on account of
1. Export of Goods or services
2. Supplies to SEZs units and developers
3. Deemed Export supplies
4. Refund of taxes on purchase made by UN or embassies etc
5. Refund arising on account of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any court
6. Refund of accumulated Input Tax Credit on account of inverted duty structure
7. Finalisation of provisional assessment
8. Refund of pre-deposit
9. Excess payment due to mistake
10. Refunds to International tourists of GST paid on goods in India and carried abroad at the time of their departure from India
11. Refund on account of issuance of refund vouchers for taxes paid on advances against which goods or services have not been supplied
12. Refund of CGST & SGST paid by treating the supply as intra-State supply which is subsequently held as inter-State supply and vice versa.
Thus practically every situation is covered. The GST law requires that every claim for refund is to be filed within 2 years from the relevant date.
As mentioned in Point no. 7, Refund of accumulated Input Tax Credit on account of inverted duty structure, in your case ITC on a product is NIL but output 5%.
Thanks & Regards
Durgesh Vashisth
durgeshvashisth @ gmail.com
CA Altamush Zafar
(GST Consultant)
(15907 Points)
Replied 18 February 2021
CAclubindia
