REFUND
Q. Refund for excess payment made, will take how much time to credit bank account after submitting application for refund under RFD-01.
A. It will be processed by the proper officer and he will issue refund order in RFD-06.
Q. Is transition credit of excise duty available on an inter-State sale made on 23rd June 2017 but delivery is yet to be taken?
A. If credit of the excise duty was taken in the last return filed under excise, and then it is eligible for transition
RETURN
Q. How to get credit of sales return on goods on which excise duty was paid? The third party has shown purchase return in ER-1. But we received goods in July so was not able to take credit in the ER-1. How can we take credit now?
A. You can furnish their detail in TRANS-1/TRANS-2.
Q. What should be my stand if property builder is not passing me GST benefit on the flat booked in June? My cost of flat increased by 2.7 Lakhs due to GST.
A. You can file a complaint against it in the Screening Committee (of your state) of the National Anti profiteering Authority.
COMPOSITION
Q. Dealer in composition scheme under Vat migrates as composition supplies in GST. Is he required to file CMP-4?
A. CMP-04 is required to be filed by any person withdrawing from composition scheme.
Q. If any dealers, who have Interstate stock on 30th June and opted composition scheme what will be the tax liability on that stock
A. As per Rule 5(1)(b) of CGST Rules Composition scheme is not available in such cases.
Q. I have filed GSTR 3B filed for the months of July, August and September. But after migrated to the composition in the month of September, what return should file now – GSTR 1 or GSTR 4?
A. GSTR -4
INVOICE
Q. We are coal traders. We purchase coal from Coal India subsidiary WCL in spot auction. WCL is issuing delivery challan with every consignment (Truck) and raising monthly invoice. Can we also do the same for our customers?
A. As per section 31(1) of CGST Act Invoice has to be issued at the time of removal of goods for supply. Need to issue invoice at the time of every supply.
ITC
Q. A registered person which is not in a business of buying and selling a motor car, purchase a motor car and sell it after 3 months. Whether he can take input credit of the purchase?
A. As per Section 17(5) of the CGST Act, 2017 he cannot take ITC for this.
EXPORTS
Q. Doing exports business in Tirupur & claim drawback, kindly clarify me we have eligible for GST ITC claim or not?
A. Only one benefit is available. You cannot claim drawback and ITC refund of same taxes together.
Q. GST for the education counselling agencies contracted by the overseas universities- will it be covered under export or not?? Commission earned in foreign currency.
A. It is performing the role of intermediary. So place of supply is in India and therefore it is subjected to GST and will not be treated as export of services.
Q. If a taxable person only exports services then does he need to pay any type of GST Tax?
A. If the supply satisfies all the conditions of export of service Section 2(6) of IGST Act), then the supplier may opt for export of services under LUT or Bond and not pay any tax.
