Query of the day

October 17, 2022
Category : GST
ITC benefits in case of registration on voluntary basis
Kanha is doing business since 2016. Now he applying for registration on a voluntary basis under GST law. Whether he is eligible to take the ITC on the input and capital goods held in stock?

A person who takes voluntary registration shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date of grant of registration. Further, the registered person shall not be entitled to take the input tax credit in respect of any supply of goods or services or both to him after the expiry of one year from the date of issue of tax invoice relating to such supply.

It infers that

  • a) he is not entitled to take the credit in respect of the capital goods.
  • b) he is not entitled to take the credit in respect of the any supply of goods or services or both to him after the expiry of one year from the date of issue of tax invoice relating to such supply
Manish Gupta
October 16, 2022
Category : GST
Applicability of E invoice in case of GTA business in case of multiple registrations
Bhagirath Ltd has two business segments (GTA services and Marketing consultancy services) being run in separate registrations. GTA business has a turnover of INR 7 Cr and Marketing consultancy has a turnover of INR 4 Cr. Is the company liable to comply with the e-invoice requirement for all the registrations?

As per Notification 13/2020- CT as amended, E-Invoicing is applicable to registered persons (except a few notified persons) whose aggregate turnover in any preceding financial year from 2017-18 onwards exceeds ten crore rupees in respect of the supply of goods or services or both to a registered person. (w.e.f. 01 Oct 2022)

It may be noted that GTA is one of the exceptions on which E-invoicing is not applicable.

Therefore, in the case of Bhagirath Ltd., E-invoicing is applicable for all B2B taxable supplies of Marketing consultancy only.

Manish Gupta
October 15, 2022
Category : GST
Applicability of E invoice in case of multiple registrations
Ranchor Pvt. Ltd. has 10 registrations. One of the registrations is doing 90% business. Five registrations have aggregate turnover within the range of 1 lakh in a year. The company has a turnover exceeding 15 Cr from July 2017 to March 2018. Is the company liable to comply with the e-invoice requirement for all the registrations?

As per Notification 13/2020- CT (as amended), E-Invoicing is applicable to registered persons whose aggregate turnover in any preceding financial year from 2017-18 onwards exceeds ten crore rupees in respect of the supply of goods or services or both to a registered person. (w.e.f. 01 Oct 2022)

Therefore, E-invoicing is applicable for all B2B taxable supplies of all such registrations of Ranchor Pvt. Ltd.

Pooja Patwari
October 14, 2022
Category : GST
ITC on purchase of Treadmill, Rowing machine etc for fitness of the employees
Arjun Ltd. is a manufacturing concern and has an employee base of 1000 personnel. It has purchased the Treadmill, Rowing machine, and Stationary bicycle for the fitness of the employees. Can Arjun Ltd. avail the ITC in respect of such goods?

Yes, it can avail the ITC provided the eligibility conditions are satisfied. It is to be noted that ITC can not be availed in respect of membership of a club, health, and fitness centre.

Vivek Laddha
October 13, 2022
Category : GST
ITC on Travel benefits to whole time director
Radharaman Ltd., a tour planner company has appointed Radha and Meera as full-time directors, and the appointment letter provides travel benefits extended to them on vacation such as leave or home travel concession. Can the ITC be availed by Radharaman Ltd. on such expenditure?

The input tax credit shall not be available in respect of the expenditure of travel benefits extended to employees on vacation such as leave or home travel concession.

Vivek Laddha
October 12, 2022
Category : GST
Common credit reversal for registered person operating hotel and restaurant business
Ram Ltd. has started two segments of business i.e. Hotel and Restaurant in the single registration. In the lockdown period in a particular month, it does not have any business. Whether it is required to reverse the common credit of input and input services in that particular month.

The ITC of input and input services is required to be reversed in the proportion of the aggregate value of exempt supplies during the tax period (Say, E) and total turnover in the State of the registered person during the tax period (Say, F).

Where the registered person does not have any turnover during the said tax period or the aforesaid information is not available, the value of 'E/F' shall be calculated by taking values of 'E' and 'F' of the last tax period for which the details of such turnover are available, previous to the month during which the said value of 'E/F' is to be calculated.

Merely by saying that there was no turnover in the particular month, the registered person can not take the clue of non-reversal of common credit. Further, the reversal amount is subject to yearly computation as well.

Vivek Laddha
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