• RCM

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?
Asked 4 years ago in GST

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.

Lalit Bansal
CA, Delhi
773 Answers
61 Consultations

5.0 on 5.0

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.

Vidya Jain
CA, Kolkata
1010 Answers
58 Consultations

4.8 on 5.0

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

 

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

5.0 on 5.0

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.

Naman Maloo
CA, Jaipur
4274 Answers
97 Consultations

5.0 on 5.0

Dear Sir,

 

Hope you are doing well !!

 

1.You will have to pay the GST with applicable interest.

 

2. 5 years.

 

 

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

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.

Naman Maloo
CA, Jaipur
4274 Answers
97 Consultations

5.0 on 5.0

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.

 

Lalit Bansal
CA, Delhi
773 Answers
61 Consultations

5.0 on 5.0

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.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

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.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

Hi

 

1. No GST registration, no GST.

 

2. RCM from unregistered person inner GST is currently suspended. So no RCM.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

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. 

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

1.GST is not required for deemed rent as deemed rent is not part of taxable turnover

 

2.Now,Rcm is not applicable. 

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

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.

 

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

5.0 on 5.0

GST registration won't be required even in case of zero rent to relative.

 

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

5.0 on 5.0

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.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

1. Yes, you have to pay RCM on legal services.

 

2. No, you are not required to pay GST on RCM basis.

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

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.

Naman Maloo
CA, Jaipur
4274 Answers
97 Consultations

5.0 on 5.0

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