Hi..
as per GST Law , GST officer can issue notice for FY 2017-18 from the filling of Annual return of FY 2017-18 upto 3 years.
One of my client received inward gta supply worth 20 lakh from unregistered gta suppliers... he didn’t pay the rcm 18 percent on gta neither he claimed bcz he had option toh claim that rcm if paid.. so if his case might be selected for scrutiny by gst department would he have toh pay rcm on 20 lakhs..? Bcz net he have to pay nothing bcz he could have claimed simultaneously... so that option could be avilable in scrutiny and he don’t have toh pay rcm? 2- like income tax Ao can go through past 6 years record further after he is not allowed legally... same wise is there any section that restrict the eto to asses the how many years past accounts?
Hi..
as per GST Law , GST officer can issue notice for FY 2017-18 from the filling of Annual return of FY 2017-18 upto 3 years.
No, a-t that time he will need to pay but can not claim the same , as per prevailing GST provisions till now. For the year 18-19, he can pay now and claim it . But for year 17-18, he cant claim input credit.
They can open the case for five years.
Hello,
Yes, he would be required to pay tax on GTA services under RCM. For F.Y. 2017-18, he won't be able to claim credit of such tax paid, while For F.Y. 2018-19, he can claim credit of tax paid under RCM.
The limit is of 5 years.
I hope this answer satisfies your requirement.
Regards,
CA Hunny Badlani
You will have to pay GST you cant take the defence that we are the one who were going to take credit and therefore we didnt pay.
You will have to pay GST with interest.
The term is 5 years.
Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.
Thank you.
Dear Sir,
Hope you are doing well !!
1.You will have to pay the GST with applicable interest.
2. 5 years.
Suppose iam having milk business that is exempted under gst.. with turnover 80 lakh... so i don need gst number for my business.. now i also have a shop which i want to rent it out.. so i hvae to register my milk business and rent both under gst bcz total turnover of exemption plus taxable exceeds 40 lakh? 2- if i keep my shop vacant and carry on my business milk ...so i hve to pay deemed rent in income tax... my question is that i have kept shop vacant to avoid gst registration but paying deemed rent also mandates me to take gst compusarily? Or for deemed rent pay on above case gst number is mandatory?
Yes you'll have to register in GST.
Technically you should pay deemed rent but most people dont pay upfront and you dont have to take GST registration for deemed rent.
Hii
in your case yes if you have taxable supply of even Rupee one along with exempted supplies then after crossing threshold limit you have to take GST registration
but if your rental income is deeming as per income tax act then no need to take gst registration because there is no supply.
Hi
For FY 17-18, it has to be paid and no ITC can be claimed now .
For FY 18-19, it can be paid now and ITC can be claimed.
For FY 17-18, if case is not under audit, you may have an opinion to delay this until receipt of notice. It would depend on AO how he takes the case then. Chances could be that only penalty would be levied.
If shop is rented out, GST registration would be required.
Deemed rent as per income tax cannot be construed as part of aggregate turnover as per GST, so GST registration would not be required.
Suppose i am having exempted supply of 60 lakh and another shop which i give to my realtive at zero rent... so i have to pay deemed rent as per Incometax act.. now iam giving suplly to realtive but at zer0 value .. do i have to register under gst and pay tax on deemed rent? 2- and my realtive is registered under gst.. as he is recieving shop as a gift on zero rent.. so if rcm applicable in future on rental service.. do he have to pay rcm on zero rent shop being received...as per market value of rent .. bcz he is having inward supply as a gift in from of rent not being paid
Hi
1. No GST registration, no GST.
2. RCM from unregistered person inner GST is currently suspended. So no RCM.
Dear Sir,
1.GST registration is required for shop rented out.
2.GST is not required for deemed rent as deemed rent is not part of taxable turnover.
1.GST is not required for deemed rent as deemed rent is not part of taxable turnover
2.Now,Rcm is not applicable.
1- I received legal services for my business from realtive and he didn’t charged me for that.. as rcm is applicalbe so do i have to pay rcm on legal services received as a gift ..? But the amount i paid is zero 2- i used gta services for my business from unregistered dealer.. he didn’t give me bill so instead I didn’t claimed it as an expense in Incometax and gst.. i show that amount as drawing... so do i have to pay rcm on that gta services amount though I haven’t claimed it as an expense just bcz i used that service for my business.. if AO come to know about that in scrutiny would he impose rcm on that amount though not claimed as an expense in business
Deemed rent under income tax won't be considered in GST, so you won't need GST registration in case you keep the shop vacant.
Hi
1. Yes, if you are registered. Please check the definition of relative under GST.
2. If it is for personal purpose, you are not required to pay GST on reverse charge basis.
Yes since its covered under the definition of supply you will have to pay GST on such deemed rent.
Yes.
But why would you show such service anywhere and you'll not show it anywhere why will you pay tax in RCM.
If the service is caught you will have to pay GST along with interest so its better to pay beforehand.