• Regarding construction

Good evening madam,
 one of my claint doing construction(flats), we did not submit annexure iv form till now.
 1. can i utilise itc or we have to pay 5% gst right now.
 2.in case we have to pay 5%gst, what about itc available, can i reverse in gstr 3b or not
 3.can i pay gst after occupation certificate received.
Asked 5 years ago in GST

If you are a builder you should have deposited the choice of rate by 20 may and if you don't give any letter to Department you would autonaautomatbe considered under lower rate and in that case you need to reverse the credit in the same month in which you were not eligible for credit if you don't do that you'll have to pay interest also.

If you have received advance you have to pay GST on same you can't wait till occupancy certificate.

Yes you can show 30% presumptive taxation.

It depends on why you had selected ITR 3 in previous year and now why are you selecting ITR 4.

If he cancelled his registration in September then before cancelling and filling final return he should have filed annual return.

Sir you have asked too many questions and we are professional and not 24 hour help line number and taxfull is just a website it does not have any employees who give you service we professional people give you service so if you are in a hurry it would be better if you hire a professional to answer all your query or have a phone consultation.

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
4303 Answers
101 Consultations

Hello,

 

For real estate projects, if the option is not exercised in the form Annexure-IV, option to pay at new rates wef from 1st April would be deemed to have been exercised.

And you will have to reverse the ITC in GSTR-3B with any interest if due.

GST is to be paid as and when payment is received from the customer.

 

Excess ITC should be reveresed upto September's GSTR-3B otherwise it would be required to be reversed in cash with interest.

 

Yes you can declare 30% u/s. 44AD.

 

Yes, it would be covered under GST

 

You can change to ITR-4 if you are eligible to do so.

 

Yes, he will have to file annual return.

 

I hope this answer satisfies your requirement.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

As such there is no due date you should have reverse it when you became ineligible if you haven't done it yet you have to reverse it along with interest.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Dear Sir,

 

Hope you are doing well !!

 

1. You will have to pay GST@5%.

 

2.You will have to reverse the ITC in GSTR 3B.

 

3.You will have to pay GST on each and every installments.

 

 

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

There is no due date for reverse excess ITC claimed.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Yes, you can show 30% tax under presumptive taxation scheme.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Yes,fees received under vocational training is comes under preview of gst. 

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

 Yes, you can file ITR 4 subject to conditions.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Yes, he will have to file annual return.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

It is advisable to take a phone consultation for complete understanding.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hi

 

The new rate 5% shall be deemed to be exercised. 

Reverse the ITC through GSTR 3B along with interest.

It is advisable to reverse latest by GSTR 3B for the month of September.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

Yes, you can declare a higher profit under presumptive taxation scheme.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

Once a registered person cancels registration, he is required to file FINAL RETURN in GSTR 10. 

 

Annual return shall not apply.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

Yes, you can change ITR Forms according to the income in current year.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

Since there are too many queries, it is advisable to group similar queries in one question and ask separate question for the other. Or you may consult someone personally.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

Ask a Chartered Accountant

Get tax answers from top-rated CAs in 1 hour. It's quick, easy, and anonymous!
  Ask a CA