Q.   Whether RCM is applicable for the professional services rendered by director of a company to the same company?

Ans.  Yes Pls refer to notification no. 13/2017-CT(Rate) dated 28.06.2017

Q.   As per the decision taken in 23^rd GST Council meeting, GST rate for Composition dealers (Manufactures & traders) has been made as 1% Official Notification has still not been released by CBEC. Whether one can file GSTR-4 by taking 1% rate or does one need to wait for Notification?

Ans.   Unless notified, a decision of the Council is not effective.

Q.   Can we file two refund claims of accumulated ITC applications separately. One for goods and other for services exported under LUT in the same tax period?

Ans.  Yes

Q.   I opted out of composition scheme in November, 2017? Which return I need to file for October month?

Ans.   For October, GSTR 4 has to be filed while for November onwards, FORM GSTR-3B needs to be filed.

Q.  Advance was given when rate was 28% and our vendor has paid tax on it. Subsequently rate has fallen to 18%. Will the invoice will be raised at 18% ? If yes, what to do of additional 10% paid as advance?

Ans.  Assuming supply happened after the change in tax rate, the time of supply is date of issue of invoice. Therefore, 18% Additional tax paid can either be adjusted in subsequent months or claimed back as refund

Q.   On my website, I show Google ads, for which I can’t generate invoice, Google calculates my earning and transfers to my bank account. For brands, which gives ads directly to me I generate invoice. My annual Turnover hasn’t crossed ₹ 20 Lakhs. Do I need to register for GST?

Ans.  Registration is required when the aggregate turnover exceeds ₹ 20 lakhs

Q.   Is transition credit of excise duty available on an inter-State sale made on 23^rd June 2017 but delivery is yet to be taken? Kindly clarify

Ans.   If credit of the excise duty was taken in the last return filed under excise, then it is eligible for transition

Reverse charge mechanism: director services to same company taxable; guidance on rate notifications, refunds, returns, and transition credit. Reverse charge applies to professional services by a company director to the same company. Council decisions are ineffective until notified. Separate refund claims may be filed for accumulated input tax credit on goods and services exported under LUT. If supply occurs after a tax rate change, the invoice date fixes time of supply and excess tax paid earlier may be adjusted or refunded. Opting out of composition requires filing the composition return for the prior month and regular returns thereafter. Transition excise credit is available if taken in the last excise return.