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        Frequently Asked Questions - GST

        December 26, 2017

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        Q.   What are the requirements for clearance of physician samples distributed free of cost?

        Ans. In case of clearance of free physician samples, the ITC availed on the said samples has to be reversed under S. 17(5)(h) of the CGST Act, 2017. No tax is payable on clearance of physician samples distributed free of cost as the value of supply is zero.

        Q.   I am a software company. If I import  software services, am I eligible to pay IGST?

        Ans. Yes, as it is an inter-State supply under section 7 (4) of the IGST Act, you will be liable to pay IGST

        Q.   I export services, but turnover is below threshold. Should I take registration?

        Ans. Yes, as it is an inter-State supply, you are liable to take mandatory registration under section 24.

        Q.   I am a small startup firm. What is the frequency of filing of FORM GSTR-1 and FORM GSTR-3B?

        Ans. If your turnover is below ₹ 1.5 Crore, you have to file GSTR-1 quarterly (Notfn 57/2017-Central Tax dt 15.11.2017). All taxpayers are required to file GSTR-3B monthly, until March 2018. (Notfn 56/2017-CT, dt  15.11.2017 and Notfn 35/2017-CT, dt 15.09.2017)

        Q.   What is the time limit for availing input credit under GST?

        Ans.  As per S. 16(4) of the CGST Act, ITC is not available after the due date of furnishing the return for the month of September of the next year or furnishing of the annual return, whichever is earlier.

        Q.   Can refund of ITC accumulated on purchase of capital goods used for business be done?

        Ans. No, it is not allowed

        Input tax credit reversal required for free physician samples; GST rules clarify IGST on imports, registration and filing. Input Tax Credit on physician samples distributed free must be reversed; such clearances carry no tax where supply value is zero. Refund of ITC on capital goods is not allowed. Imported software services are subject to IGST as inter State supplies. Export of services requires mandatory registration irrespective of turnover. Small taxpayers file GSTR 1 quarterly while all taxpayers file the summarized monthly return during the transition. The time limit for claiming ITC is the due date for the September return of the following year or the annual return, whichever is earlier.
                          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.

                                Input tax credit reversal required for free physician samples; GST rules clarify IGST on imports, registration and filing.

                                Input Tax Credit on physician samples distributed free must be reversed; such clearances carry no tax where supply value is zero. Refund of ITC on capital goods is not allowed. Imported software services are subject to IGST as inter State supplies. Export of services requires mandatory registration irrespective of turnover. Small taxpayers file GSTR 1 quarterly while all taxpayers file the summarized monthly return during the transition. The time limit for claiming ITC is the due date for the September return of the following year or the annual return, whichever is earlier.





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                                ActsIncome Tax
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