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        Case ID :

        Frequently Asked Questions - GST

        December 23, 2017

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        Q.   For an under-construction flat where the transaction was initiated post 1st July, how do I confirm if the builder has revised the pricing accordingly to the ITC claimed?

        Ans.   The builder needs to adjust his price (without taxes) to the extent of ITC available to him.

        Q.   Whether civil contractor doing projects in various States requires separate registration for all states or a single registration at state of head office will suffice?

        Ans.   A supplier of service will have to register at the location from where he is supplying services.

        Q.   Is salary by Partnership firm to Partners as per Income Tax Act liable to GST ?

        Ans.   No GST is liable on salary

        Q.   What duties are levied on import of goods?

        Ans.   Customs duty and cess as applicable + IGST + GST compensation cess if any.

        Q.   When is the tax to be paid on advances received in case of supply of goods?

        Ans.   For persons other than composition dealers, at the time of issuance of invoice or its due date. Please refer notification no. 66/2017-CT, dated 15.11.2017

        Q.   I received the services in June 2017 and made payment in August 2017. Is GST applicable?

        Ans.   Please check the Point of Taxation Rules, 2011 to know if point of taxation has been completed in this case in June 2017. If so, this transaction is liable to Service Tax, not GST.

        GST input tax credit adjustment requires builders to reduce pre tax prices when ITC is claimed by them. Builders must reduce the pre tax sale price of under construction flats by the amount of ITC available to them; service suppliers must register for GST at the location of supply rather than relying solely on a head office registration. Partnership firm payments to partners characterised as salary are not subject to GST. Imports attract customs duties and cesses plus IGST and any compensation cess. Tax on advances (non composition dealers) is due on invoice issuance or its due date. Point of Taxation Rules govern whether services received before GST implementation remain taxable under Service Tax.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                GST input tax credit adjustment requires builders to reduce pre tax prices when ITC is claimed by them.

                                Builders must reduce the pre tax sale price of under construction flats by the amount of ITC available to them; service suppliers must register for GST at the location of supply rather than relying solely on a head office registration. Partnership firm payments to partners characterised as salary are not subject to GST. Imports attract customs duties and cesses plus IGST and any compensation cess. Tax on advances (non composition dealers) is due on invoice issuance or its due date. Point of Taxation Rules govern whether services received before GST implementation remain taxable under Service Tax.





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                                ActsIncome Tax
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